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This amendment is one of the components of the American dream, one of those reasons
why dreamers, in the face of danger and hardship, risk coming to the United States, because
they see it as a place where they can feel free to profess faith in the deity of their choice
without being violated, to demonstrate against the government, or to hold symbolic protests
and performances without being persecuted for these acts.
The protection afforded by the amendment becomes more robust if the speech or opinions
that are issued have a political component, and against this in particular, laws cannot be
issued with the aim of exercising any kind of censorship against the speech that is issued, at
the risk of the Supreme Court declaring them unconstitutional and repealing them. This is
where the goodness of the amendment begins to waver somewhat, as it is pertinent to
review what counts as political speech, and how impartial these considerations are, for if
the boundaries are not made clear enough, some unscrupulous people could use the
amendment as an excuse to spread hate speech.
And it was unfortunately this that began to happen when in 1969, in Brandenburg v. Ohio,
the Court validated the speech of a Ku Klux Klan member on the grounds that even if it is
speech of violence, if there is no imminent and intentional action against the law as a result
of such speech, it is covered by the first amendment. This decision completely changed the
way the amendment is viewed and opens the debate of how far hate speech to crowds
should be allowed under free speech, because communicating a racially charged idea to a
group of people may not immediately generate crimes and violent reactions, but it does
encourage the recipient of the message to engage in violent behaviour against other
members of the community in the future based on that speech.