Azurite (Trajan) Mobley

North Carolina A&T University

JOMC 393: Communication Law and Ethics

Dr. Gary C. Guffey

March 3rd, 2021

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Abstract

This paper delves into the First Amendment of the United States Constitution, discussing the

rights it protects while examining how the amendment has grown influenced American society,

and its consensus regarding self-expression, since its inception. While viewing the First

Amendment domestic impact through a historical lens this paper will also create a dialogue

regarding the precedent the amendment has created on a global scale, and how the international

community view and handle the rights the First Amendment protects and how the application of

rights protection is changing, and how those changes will affect future generations

First Amendment Midterm Exam

The First Amendment, which was ratified and adopted by 1791, was created to protect

American citizens rights to freedom of religion, freedom of speech, freedom of press, the right to

peacefully assemble, and the right to petition the government. The amendment along with nine

additional were adopted to create was now known as the Bill of Rights. The Bill of Rights was

created as a response to antifederalists distaste for the ratification of the draft of the Constitution

at the time. From its first draft from James Madison to its ratification, the First Amendment’s

verbiage was continuously rewritten and edited to explicitly announce what rights of self-

expression it will be protecting, and how those rights will be protected. This was so important to

the founding fathers so that there was less of a grey area in regards to how the amendments will

be interpreted and therefore protects. That is why the Amendment is written as follows
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“Congress shall make no law respecting an establishment of religion or prohibiting the free

exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people

peaceably to assemble, and to petition the Government for a redress of grievances.” (Library of

Congress, n.d.-a).

America has always been marketed as “Land of Free and Home of the Brave”. It is

ingrained in American society the importance of its citizen’s rights, especially the freedoms of

expression protected by the First Amendment. The human rights protected in American society

may not be explicitly protected in other countries or internationally. On the global stage the

United Nations, an international peace and security organization created the Universal

Declaration of Human Rights. The Universal Declaration of Human Rights, which is like the

international equivalent to the Bill of Rights, protects the freedom of religion, right to peacefully

assemble, and freedom of expression, opinion, and the ability to obtain information for all people

globally. Although the Universal Declaration of Human Rights protects the freedom of religion,

and peaceful assembly like the Bill of Rights, unfortunately unlike the First Amendment, the

Universal Declaration of Human Rights does not explicitly protect an individual’s freedom of

speech or freedom of press, just opinion and their ability to obtain information. This distinction

in verbiage, is exactly what the founding fathers were concerned about when writing the First

Amendment, so that its interpretation would not be so broad, leaving certain protects up to

interpretation (The United Nations, 2020).

Charter members of the United Nations, like America already have their own specific

laws and precedents regarding their citizens rights of self-expression and how it is upheld,

especially since most have similar economic and political structures. The freedoms protected by

United Nations’ have broad definitions which allow various degrees of variance of the
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interpretation that can lead to practices that may infringe on an individual’s rights, at least

compared to American cultural values stemming from the First Amendment. For example, China

is a charter member and permanent member of the United Nation’s Security Council, continually

breach of international law with its actions of with Hong-Kong and taking actions to halt and

manipulate research and journalism, while denying any violation of international human rights.

With the country continually taking steps that create foreign policies and precedents that

resemble some of their domestic policies that can encroach on an individual’s right (Richardson,

2020).

Countries like China that’s infringement on its citizens and residents right, strengthen the

United States disdain for creating limitations or boundaries for specific aspects of different forms

of expression protected by the First Amendment. As American society grows, how the First

Amendment is enforced domestically is dependent on various variables, like avenues of

communication, publication, and expression, and topics, subjects, and opinions social

acceptability. Unfortunately for America its citizens of color relationship to the First Amendment

great differs from their white counterparts, which is mainly rooted in the historical and systemic

oppression they have had to face at the hands of the law. While the Congress were going through

a cycle of redrafting the Constitution and the Bill of Rights debating on the specific rights

protected, majority of the black population in America was still enslaved and without any rights,

unlike most of Americas white citizens.

Due to America’s complex race issues, movements like the critical race theory upraise

the emancipating ideals of the Fourteenth Amendment over liberating rights on self-expression

of the First Amendment. The critical race theory is a movement that analyzes American law
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through the economic and historic context of race, and how to interpret and enforce the laws that

better serve black citizens (Demaske, 2009). Although the First Amendment is considered a

pillar of American society that protects its citizens various form of expression, through the

vantage point of the critical race theory the freedoms, especially speech, protected allow and

even encourage the perpetuation of racist jargon and treatment that harm and demean minority

communities of color. The protection of hate speech, or other forms of harmful expression

against minority communities, especially minority communities of color, is not explicitly

protected by the First Amendment, but is protected the court’s interpretation of the amendment.

The American court system interpretations of the First Amendment encourage unfiltered,

unrestricted freedoms of expression setting a cultural precedent and standard of individual

expression over collective wellbeing, and with new avenues of communication like smart

phones, and social media, how those avenues or facilitated are still being decided nationally.

Social media is a relatively new concept, and the full implications of how todays new technology

and means of connection have yet to be realized so a lot of laws are still either being drafted or

vetted by the courts, to determine what boundaries if any can or will be placed on social media.

In the words of the Supreme Court, “websites (social media) can provide the most powerful

mechanisms available to a private citizen to make his or her voice heard.” (Hudson Jr., 2017).

The First Amendment’s protection of all from freedoms of expression, freedom of

religion, freedom of speech, freedom of press, the right to peacefully assemble, and the right to

petition the government, allows American society free flow of unadulterated information and

ideas. Such a flow of ideas and information that is not accessible to individuals of different

countries like China, who restrict and manipulate domestic and international information.
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Although there is a free flow of information and idea, today’s technology and social media gives

platforms to those who may not normally have one, giving them a new more efficient ways for

people to reach other, which unfortunately increases the spread of hate speech along with

societally beneficial ideas and opinions. In conclusion, the First Amendment’s interpretation and

implementation has continually changed based on historical, racial, technological and

international influence, and as the more means of communication and expression are created

maybe not legally, but a growth in accountability in regards to how American citizens will grow

socially.
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Bibliography
Demaske, C. (2009). Critical Race Theory. The First Amendment Encyclopedia.

https://www.mtsu.edu/first-amendment/article/1254/critical-race-theory.

This is an article that explains the explains the critical race theory and discusses how

America race issues play apart regarding the enforcement and protection of the First

Amendment and explores the restriction or criminalization of hate speech. This article

will be used to show the amendment’s effectiveness historically considering a citizen’s

race as a factor.

Hudson Jr., D. L. (2017). Social Media. The First Amendment Encyclopedia.

https://mtsu.edu/first-amendment/article/1561/social-media

This article discusses the implications of the First Amendment and social/cultural issues

presented on new forms of media and public expression. This article will bring the essay

full circle as it looks into the future of expression, assembly, and media, and acts as

comparison to how current applications of the Frist Amendment differ from its original

intent or even other historical views regarding the First Amendment and its

implementation.

Library of Congress. (n.d.-a). First Amendment | Browse | Constitution Annotated |

Congress.gov | Library of Congress. Constitution Annotated. Retrieved March 2, 2021,

from https://constitution.congress.gov/browse/amendment-1/
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This article is an annotated completed annotated journal of the Constitution created by

the Library of Congress, to give the public various analyses and interpretations of the

document. This particle article gives an historical context regarding the intent of the

proposition of the First Amendment and the debates of its implementation into the

Constitution, and everyday use.

Richardson, S. (2020, December 8). China’s Influence on the Global Human Rights System.

Human Rights Watch. https://www.hrw.org/news/2020/09/14/chinas-influence-global-

human-rights-system

This is an article that discuss current events in China and how the countries policy’s and

actions have been influencing the standard regarding human rights and more specifically

freedom of speech. The article focuses on China’s now extended actions and policies

regarding domestic censorship. This article will act as a comparison in regards to

“American Values” and the protections and current expectations of the First Amendment

The United Nations. (2020, June 1). Universal Declaration of Human Rights. United Nations.

https://www.un.org/en/universal-declaration-human-rights/index.html

This document is the written law/ standard globally in regards to human rights, and for

the purposes of this essay, specifically the standard for the freedom of expression, and

how independent governments must implement the protections of those rights, and what

everyday actions are included in those rights.