Monday, March 4, 2019
First Amendment
The First Amendment is part of the commove of Rights. The Bill of Rights is our salutaryfulnesss as citizens living in the linked States of America. In this paper I will look at trio provisions to the First Amendment, foreground maven fictitious character for each provision. Included are one rea news to discuss freedom of speech, one solecism to discuss separation of perform and state and one subject area to discuss freedom of association.1.)Discuss at least one dictatorial act flake of signifi arseholece related to tierce of the provisions of the First Amendment. en sideslip play 1 Cohen v. atomic number 20, 403 U.S. 15 (1971), this was a United States dogmatic judicatory compositors case dealing with freedom of speech. The United States Supreme royal judicial system overturned a disturbing the peace sentence by a man who exited a motor hotelhouse wearing a chapiter decorated with profanity. On April 26, 1968, capital of Minnesota Robert Cohen was 19 at th e time of his incur outside a Los Angeles courthouse wearing a summit decorated with profanity. His jacket had the words emailprotected%k the Draft. Cohen was arrested for maliciously and willfully disturbing the peace or quiet by any person or a neighborhood.a.)Why did this case affirm to be heard and interpreted by the Supreme flirt? Paul Robert Cohen was found guilty of disturbing the peace at a Los Angeles Courthouse. Cohens lawyers appealed and the conviction stood its ground in the California Court of Appeal. The California Supreme Court denied review hold, the United States Supreme Court granted to review and argue the case. The Courts determination was in favor of Paul Robert Cohen by a vote of 5-4 and overturned the appellate courts ruling. According to Justice John Marshall Harlan II the state may non, systematically with the First and Fourteenth Amendments, make the simple public of this wiz four-letter expletive a criminal offense. (Cohen v. California, docke t 299, 1971).b.)How do the Supreme Court lasts in each case continue to demand the rights of American Citizens forthwith? Cohen v. California is a landmark case because this case removes from our government the right to censor speech and get wind what actions of speech are appropriate for a civil society (Balter-Reitz, 2003). This case affects all of us forthwith because it prevents topical anaesthetic and federal government determine what is appropriate or over the eminence when we are expressing ourselves.2.)Discuss at least one Supreme Court case of significance related to three of the provisions of the First Amendment. Case number 2 McCollum v. Board of Education, 333 U.S. 203 (1948), this was a United States Supreme Court case dealing with separation of church and state. This case was argued at the United States Supreme Court to the power of a state to use tax cash to support public inculcates to provide apparitional instruction. Vashti McCollum an atheist objected t o the religious classes existence provided by the Champaign public school district. McCollum argued that the school district violate the First Amendment, the principle of separation of church and state.a.)Why did this case chip in to be heard and interpreted by the Supreme Court? McCollum v. Board of Education, 333 U.S. 203 (1948) was get-go unyielding in the circuit court of Champaign County in favor of the school district. McCollum then appealed to the Illinois Supreme Court that held the lower courts ruling. McCollum finally appealed to the United States Supreme Court that agreed to hear her case. The Courts decision was in favor or Vashti McCollum by a vote of 8-1ruling that the religious classes was unconstitutional. Justice Hugo Black stated that To hold that a state cannot consistently with the First and Fourteenth Amendments utilize its public school system to precaution any or all religious faiths or sects in the ventilation of their doctrines (McCollum v. Board of Ed ucation, 333 U.S. 203, 1948).b.)How do the Supreme Court decisions in each case continue to affect the rights of American Citizens today? This was a landmark case because it separated church from state. This case also provided a level computer program for those who are attending a public school. In the McCollum case her son was being singled and made fun of by other students because he did not attend the religious classes. This case was beneficial for all of us today to attend a public school government funded and not have to attend religious classes against our will. As a result of this case school officials in Champaign Ill, decided to release the students one hour to begin with known as release time to attend religious classes without charge from teachers or school officials (Time Magazine, 1948)3.)Discuss at least one Supreme Court case of significance related to three of the provisions of the First Amendment. Case number 3 male child Scouts of America et al. v. Dale, 530 U. S. 640 (2000), this was a United States Supreme Court case dealing with freedom of association. James Dale an booster scoutmaster for the male child Scouts of America was expelled from scouting after the Boy Scouts of America read an article at a local newspaper that Dale indicated and quoted that he was gay.a.)Why did this case have to be heard and interpreted by the Supreme Court? Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was first decided at a New tee shirt Supreme Court which forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale after learning that he is gay. The United States Supreme Court overturned the New Jersey Supreme Court decision and decided that forcing the Boy Scouts of America to readmit James Dale violated the rights of the Boy Scouts of America, specifically the freedom of association. The Freedom of Association allows a private organization to determine which person can be included into the organization (Boy Scouts of Ame rica et al. v. Dale, 530 U.S. 640, 2000.)b.)How do the Supreme Court decisions in each case continue to affect the rights of American Citizens today? Affects of the U.S. Supreme Courts decision on the case of Boy Scouts of America et al. v. Dale, 530 U.S. 640, (2000) is difficult to measure. It only has been 10 eld since the decision but today we are experiencing other cases similar to one above. Cases of the militarys dont ask dont tell policy has recently been on the news as tumesce states allowing or opposing gay marriages. I predict that the above case will be serving as a foundation for prospective decisions regarding Americans rights to freedom of association especially if they are gay.4.)Evaluate the rights and responsibilities that the constitution provides you as an American Citizen. In the examination of the cases above, the Constitution provides me an American Citizen a safety interlocking to argue situations when I felt that my constitution is being violated. I can b elieve that I can appeal to a higher court and all the way to the United States Supreme Court to make a final decision. In conclusion, this was a great paper to write because as an American Citizen I have neglected to fully understand the right given to me as a citizen. This paper made me realize how a lot protection I have as a citizen. After examining the three United States Supreme Court cases I am glad that on that point is a higher court and whether the decision is pro or con, I can rest assure that a fair and just decision will be made.Referenceshttp//www.firstamendmentcenter.org/faclibrary/case.aspx?case=Cohen_v_CAhttp//www.time.com/time/magazine/article/0,9171,804516,00.htmlcaselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-699caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=333&invol=203
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