Freedom of speech is among the

most cherished constitutional

rights in liberal democracies.
It is entrenched in most
contemporary constitutions as
well as in international human
rights
treaties.
Triniti Hampton

JOMC393.004

Prof. Guffey

The Rights of the First Amendment

Abstract

Freedom of speech is among the most cherished constitutional rights in liberal

democracies. This freedom amongst many others is what the First Amendment protects

us Americans from. Throughout this paper I will be explaining the importance of the First

Amendment, and what its freedoms has and will continue to do for our society. The

contents below will also focus on the principles and laws of freedom of speech and
press for the United States of America. I will elaborate on the different freedom of

expression systems around the world, including the right to dissent, to monitor and

criticize power, and to assemble and petition for redress of grievances.

The First Amendment has built the foundation of this country as a whole. Some

say it is our most important and influential amendment out of all of the Bill of Rights; a

written document protecting peoples civil liberties under the law of the United States.

The five freedoms established within the first amendment are what we as Americans

live by day to day. These freedoms include: speech, religion, press, assembly and the

right to petition the government (7 Things, 2012). The establishment of these five

freedoms is what makes America the, “land of the free”. No other country in the world

gives you such freedoms that the United States gives to its people.

The First Amendment states that, “Congress shall make no law… abridging the

freedom of speech” (Gjelten, 2021). When it comes to the media, each freedom right is

important but, the freedom of speech and press, is what allows so much leeway in what

may be reported on and/ or written about. The freedom of speech allows you the rights

to: not speak, to use certain offensive words and phrases to convey political messages,

to engages in symbolic speech and to advertise commercial products and professional

services.

The right not to speak roots from the West Virginia Board of Education v.

Barnette in 1943. In 1942, the West Virginia Board of Education required public schools

to salute to the flag by teachers and students as mandatory before class activities

began. Children of a Jehovah witness family refused, and were sent home for non-

compliance. Their parents faced prosecution for causing “juvenile delinquency”. This is
pretty crazy knowing that I used to rise and salute to the flag, but had no repercussions

if I decided against it. In the end the court ruled overruled this decision of prosecution,

ruling that forcing school children to salute to the flag was unjust and unconstitutional (7

Things, 2012). The First Amendment cannot enforce an unanimity of opinion on any

topic. Having a mind of your own, and standing for what you believe in is nothing short

of the American way.

In 1968, Paul Robert Cohen wore a jacket with the words “F*ck the Draft” into a

Los Angeles courthouse. During this time, young adults were protesting the Vietnam

War draft. Cohen was charged with violating the states breach-of-the-peace law, which

was reversed by the Supreme court since the word “f*ck” isn’t considered fighting

words. This opened up the avenue to global freedom of expression, allowing people to

use certain offensive words and phrases to convey political messages.

Two attorney’s John Bates and Van O’steen advertised their business services to

the general public of Phoenix Arizona in 1976. The attorneys were charged for violating

“attorney disciplinary rule” which stated that “a lawyer shall not publicize himself

commercially. Commercial speech is advertising for the benefit of one’s business to

profit or receive revenue. Being that commercial speech is protected by the First

Amendment, the Arizona bar officials could not convict the attorneys who were simple

advertising their legal services in the newspaper.

Freedom of expression is an extremely fundamental human right. The ability to

express our opinion and speak freely is essential to living. The West Virginia Board of

Education v. Barnette case is the perfect example of the importance of dissent in

society.
 The right to dissent is being able to hold an opinion that may vary from what is

previously, commonly, or officially held. Freedom of speech and expression, freedom to

assemble peacefully without arms, and the freedom to form associations or unions are

all ways in which dissent can rightfully be expressed (Gupta, 2020). For a country to

grow and prosper together, dissent is necessary to be in place. Everyone is not going to

agree with one another when it comes to certain discussions and dialogue, but how will

we prosper when all of our thought processes are different it not being spoken on?

Collaboration is key, nothing can be done entirely with a unanimous mindset, especially

not within a democracy. Every society has its own principles. Throughout a period of

time when individuals just adhere to rules and law of the older age, society

degenerates. New ideas sprout when there are disagreements to what may had been

considered a societal norm at the time. In the event that everyone follows the olden

ways, no new ways will be made, no new explorations will be done and no new

perspectives will be found.

For instance, before 2015, the LGBT community had no chance of publicly

experiencing the feeling of real marriage. That was until the newer generation of liberals

spoke up, voicing their opinion of dissent which lead to a change in law. If this wasn’t

legal, no changes would have been made, which is why so many other countries are

very stagnant when it comes to legal change.

This also ties into the media. The ability to opinionate yourself and freely discuss

what is truly happening in the world has to do with the freedom of press. The

government does not have the right to control certain things that is publicized by the

media. In the United States we are beyond privileged to have these rights. We have the
ability to report objectively and critically on any and all of the important issues that

happen on a day to day basis.

Bibliography

7 things you need to know about the First Amendment. (2012). Retrieved March 05, 2021, from
https://www.mtsu.edu/first-amendment/page/things-you-need

Dalglish, L. A. (n.d.). First amendment Handbook: Reporters Committee. Retrieved March 03,
2021, from http://www.rcfp.org/resources/first-amendment-handbook/.

The FCC and freedom of speech. (2020, March 12). Retrieved March 03, 2021, from
https://www.fcc.gov/consumers/guides/fcc-and-freedom-speech

Gupa, E. (2020, January 21). The First Amendment and Free Speech Rights: FAQs. Retrieved
March 5, 2021, from https://www.lawyers.com/legal-info/criminal/the-first-amendment-
and-free-speech-rights-faqs.html

Omachonu, J. O., & Fisher, D. (2018). Reporter's privilege. Retrieved March 03, 2021, from
https://mtsu.edu/first-amendment/article/1146/reporter-s-privilege#:~:text=The%20idea
%20behind%20reporter's%20privilege,matters%20of%20legitimate%20public
%20importance.

Rogers, T. (2019, August 5). What does the First amendment mean to the press? Retrieved
March 03, 2021, from http://www.thoughtco.com/the-first-amendment-2073720