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Running head: THE FIRST AMENDMENT

Does the First Amendment Apply to Everyone?

Amoni Baker

North Carolina Agricultural & Technical State University

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Abstract

This paper explores the history of the first amendment and how it protects its citizens first

amendment rights. The first amendment is a part of the US Constitution and prohibits any law

limiting freedom with respect to religion, expression, peaceful assembly, or the right of citizens

to petition the government. The first amendment has helped many people and created landmark

cases that help similar cases in the 21st century. Compared to other countries United states is

evolving dramatically, however, still lacks in some areas.

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The History of The First Amendment

Recently, within the United States of America there has been controversy surrounding the

first amendment. Covid-19 hit the united states significantly starting in late March of 2020. Due

to the fatal virus the majority of the United States went into lockdown. States and cities begin a

stay-at-home order to decrease the spread of the virus. To combat the spread, Health officials

suggested that all citizens wear mask, covering the nose and mouths while in public areas. Many

businesses began to mandate wearing a mask to enter their stores. Some citizens of the United

States felt that forcing them to wear a mask was a violation of their first amendment rights.

Along while this was happening around the united states protest were erupting due to police

brutality. In many cities around the nation, the government put out curfews to stop certain

protesters from looting after dark. If out past curfew, protesters peaceful or not would be

arrested. However, many protesters begin to speak and post via social media their experiences

while protesting. Protesters felt that mayors who sent for early curfew, trying to stop them from

protesting was violating their first amendment rights as well.

The first amendment is a part of the US Constitution and prohibits any law limiting

freedom with respect to religion, expression, peaceful assembly, or the right of citizens to

petition the government. In 1791, the first amendment was implemented along with nine other

amendments that make up the bill of rights. Within this paper we will be discussing the united

states citizens right to assemble/right to petition which protects the freedom to peacefully

assemble or gather together or associate with a group of people for social, economic, political or

religious purposes. (History.com Editors, 2017) It also protects the right to protest the

government. In addition, we will discuss citizens freedom of speech which gives Americans the

right to express themselves without having to worry about government interference. (History,
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2017) It’s the most basic component of freedom of expression. While discussing these two

different rights we will provide two landmark court cases that were significant in making the

rights needed to all US citizens.

Court Case #1: Edwards vs South Carolina

During the civil rights movement many protests were had throughout the united states.

Most on the east coast especially down south. The civil rights movement begin in 1954 by

African Americans and their like-minded allies to end institutionalized racial discrimination,

disenfranchisement and racial segregation in the United States. In 1961, South Carolina arrested

on-hundred and eighty-seven peaceful protesters segregation protesters for “breach of peace”.

Later, the Supreme Court overturned their conviction, explaining that the only reason these

protesters were arrested was due to their expression of an unpopular viewpoint-which is

protected by their first amendment rights. (2015)

Before getting arrested the protestors walked in groups of fifteen, single file or two-by-two,

through the South Carolina state house grounds in groups of fifteen. Many protesters held up

signs stating things such as their loving pride in being black which did not sit well the racist

people within the city at that time. More than 200 hundred black and white people came to

support and watch which in total was about 500 people. The point of the protest at this time was

black people advocating for equal rights and laws. Fear of things leading to violence police

officers gave protesters 15 minutes to leave however no one left which resulted in 187 people

getting arrested. Protesters believed that their first amendment rights had been violated

( 2015). South Carolina argued that the law against breach of the peace applied to the protest, and

that officers only arrested them when they feared violence was imminent (about to happen).
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Supreme court ruled in favor of protestors emphasizing that the protest had been peaceful and

law-abiding. (2015)

Court Case #2: Texas vs. Johnson

In August of 1984, at a Republican National Convention in Dallas, Texas is where our next

case begun, known as Texas vs. Johnson. At the convention Ronald Reagan would become

president during the presidential election. Outside of the convention gathered a group of

individuals protesting against Reagans policies. Of that group was the protester that will forever

go down in history is Gregory Lee Johnson. The group outside of Dallas City Hall did something

no one had ever seen in America. The group doused an American flag with kerosene and lit it on

fire. He was arrested for violating Texas’s state law that prohibited desecration of the U.S. flag

and eventually was convicted; he was fined and sentenced to one year in jail. (Editors, 2015)

Texas Court of Criminally Appeals eventually overturned Gregory Lee Johnson’s conviction.

Texas Court of Criminally Appeals argued that symbolic speech was protected by the First

Amendment.

In 1989 the case was accepted for review and oral arguments were heard by the Supreme

Court. The Supreme Court later ruled in favor of Johnson stating that “Discretion of the flag was

constitutionally protected, calling the first amendment’s protection of speech.” (Editor, 2015)

According to United States Courts, the supreme court believed that they cannot convict Johnson

just because his expression of an idea is deemed offensive or disagreeable to society. It should be

noted that when overturning this court case there was a 5 to 4 ruling by the supreme courts.

Furthermore, landmark court cases like Texas vs Johnson and Edwards vs. South Carolina

are part of the United States history and will forever be something look back at when discussing
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new cases. In law school it is vital that everyone learn and memorize cases such as these two do

to them still being very relevant.

United States Compared to Other Countries

America is a free country when discussing its citizens rights. How about other countries?

South Korea is known for not being as evolved as the rest of the world. However, compared to

North Korea they actually are. Since the Korean war there are still laws that limit many of its

citizens rights. For example, there is clear official censorship set in place by The National

Security Law that makes it illegal to share sympathies or beliefs with North Korea, however

much more of the censorship is focused towards the media. (Kolick, dehague, & leick, 2012)

Another Country that is surprisingly shocking to name would be the United Kingdom. The

United Kingdom’s citizens have the right to freedom of expression and speech however, the

country can restrict those rights to protect their public interest. The UK does not have a bill of

rights, but they do have something similar known as European Convention of Human Rights.

Thirdly, China is known to violate their citizens rights; basic human rights. Chinas government is

known to lack basic laws and structures. Sadly, since China lacks structure it is hard for them to

protect the civil rights of the people of China. There has been many accusations against China

violating humans including accusations by the US department. China is also known for censoring

its citizens freedom of press and religion.

Lastly, India has a similar system compared to the United States Bill of Rights called

fundamental rights by the Constitution of India. India rights include freedom of speech, religion,

and freedom of movement including domestic or/and foreign. India has failed its citizens several

times and is known for being a rich but poor country. Most would describe India as a third world
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country however, India is economically not poor. India does have kings and queens as well and

is not a democracy.

Conclusion

In conclusion, America is one of the actually “free” countries when compared to others.

This is why many countries see us as privilege because sometimes it can seem as if the citizen

takes their rights for granted. It could seem as an insult or foolish when other countries see or

hear Americans complain about wearing a mask and expressing that’s it is a violation of their

rights. The United States of America is more evolved then many countries when discussing

human, and civil basic rights. Many countries do not have the same freedom as the United States

based on research. Many countries do not even have human rights. These countries who lack

these rights are considered less evolved and very behind.

When discussing protest now compared to Edwards vs South Carolina court case it seems

that America has not evolved as much. Cases like Edwards vs South Carolina are still happening

in the 21st century. Protester weather peaceful or not are getting locked up and bails set a 1

million dollars. Many people are getting murdered by policemen in broad day light

unprovoked(some) without ever receiving justice. There are still hundreds of thousands to

millions of United States citizens locked up for crimes they did not commit dating as early as the

1940’s. The United States seems to lack in some areas and not live up to its full potential.

The United States has a lot of growing to do however we still are a great progressive

country compared to others. America in due time will possibly get better due to people speaking

up and pointing out the citizens who bring this country down. If leaders could come up with the

right polices and laws America could be better than it has ever been before.
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References

Cranley, E. (2019, June 11). The 57 nations in the world that aren't 'free,' according to an

international watchdog. Retrieved October 09, 2020, from

https://www.businessinsider.com/countries-that-arent-free-report-2019-5

The Editors of Encyclopaedia Britannica. (2020, June 14). Texas v. Johnson. Retrieved October

09, 2020, from https://www.britannica.com/event/Texas-v-Johnson

Edwards v. South Carolina (1963). (2015, July 13). Retrieved October 09, 2020, from

https://billofrightsinstitute.org/educate/educator-resources/lessons-plans/landmark-

supreme-court-cases-elessons/edwards-v-south-carolina-1963/

History.com Editors. (2017, December 04). First Amendment. Retrieved October 09, 2020, from

https://www.history.com/topics/united-states-constitution/first-amendment

Kolick, A., Dehague, T., & Leick, A. (2012). Countries Without First Amendment Rights.

Retrieved October 9, 2020, from http://lib.dr.iastate.edu/cgi/viewcontent.cgi?

article=1022&context=uhuru