Monday, January 6, 2020

The Argument Of The First Amendment - 878 Words

The purpose of the First Amendment is to â€Å"ensure against government intrusions on personal freedoms such as freedom of religion, freedom of the press, free expression, freedom of association, and freedom of assembly (Michigan State University)†. So with the first amendment preventing against government intrusions on religion could a football coach at a public high school lead the players in prayer before a game? Well the answer is no, it is against the law for schools to sponsor or endorse speech. Therefore a coach is not allowed to engage in any activity that the school itself is forbidden from doing. Since the early 20th century many lawsuits have been brought forth challenging mandatory prayer and bible readings in schools, arguing that students should not be forced to practice any religion other than their own. Since then, the Supreme Court has ruled repeatedly that, â€Å"prayer in schools, Bible readings, and other such religious practices are violations of the Fir st Amendment (Find Law)†. The decisions of the Supreme Court stand as huge â€Å"milestones between federalism and states rights (Find Law)†. In the mid 90’s, at Santa Fe High School in Texas, a student had been elected to deliver a prayer over the loud speakers before every home varsity football game. In 1995 two sets of families took exception to this, and filed suits challenging the schools practices, one Mormon and the other Catholic. These families believed that it went against the Establishment Clause of theShow MoreRelatedThe Case Morse Vs. Frederick1269 Words   |  6 PagesIn the case Morse Vs. Frederick, a supreme court case that questioned the first amendment, the main argument set out by Frederick was that the school’s principal, Morse, was that Morse violated Fredericks first amendment right. Juneau-Douglas High School was in session during the Olympic Torch Relay for the 2002 winter Olympics. The school decided that it would let its students and faculty out for a short period to watch as the torchbearers passed the school. This was considered a school eventRead MoreSupreme Court Case Romer v. Evans1501 Words   |  7 Pagesstate of Colorado approved a second amendment to their state Constitution through a referendum, in order to prevent homosexuals from becoming a protected minority. Before the referendum occurred, many of the major cities in Colorado passed laws prohibiting people to be discriminated against based on their sexuality, including whether or not they are homosexual. The citizens of Colorado who disapprove of homosexuality then created a petition to put the second amendment to a vote, and won with a majorityRead MoreConsumer Discrimination And Sexual Orientation Based Discrimination1162 Words   |  5 Pagesfederal legislation (Payne, 2015). Two argument s which can be used to argue on the side of discrimination are the First Amendment used in tandem with corporate personhood and the First Amendment used on its own. I argue, however, that corporate personhood is not a legitimate argument nor is the First Amendment grounds for an individual to discriminate against another. Another defense of discrimination against consumers is the first section of the Thirteenth Amendment. The elimination and prevention ofRead MoreQuestions On The Law Of The United States1387 Words   |  6 Pagesthat said â€Å"What Would Jesus Do?† has violated the Establishment Clause of the First Amendment. In order to avoid violating this clause, the banner must pass every prong of the Lemon test. However, this particular banner does not. Step Two: List the legal standards and how they will apply to your case and argument. The Establishment Clause of the First Amendment is the legal standard that pertains to this particular argument. When assessing whether the banner in question violates the EstablishmentRead MoreArgumentative Essay : First Amendment Junkie By Susan Jacoby1042 Words   |  5 PagesArgumentative Analysis of the Essay â€Å"First Amendment Junkie† by Susan Jacoby What is a First Amendment Junkie? According to author Susan Jacoby, censorship of any form is wrong. From the beginning of Jacoby’s essay, â€Å"First Amendment Junkie,† it’s obvious where she stands on the topic. Jacoby states that the people who most support the censorship of pornography are women. These women are often self-proclaimed feminists who ironically support the First Amendment. While criticizing the production ofRead MoreSupreme Court and Womens Rights Essay1471 Words   |  6 Pagesunless her life was in danger. She sued the district attorney of Dallas County saying that it violated the right to privacy under the 1st, 4th, 5th, 9th, and 14th Amendments. Usually, some arguments for being against abortions are because it is like killing a life, religious reasons, and less chance of future pregnancies. Some arguments that approve abortion are the rights of privacy and the mother to make her own decision. I decided to pick the landmark case Roe v. Wade because there are many waysRead MoreThe Debate Over Capital Punishment936 Words   |  4 Pagespunishment is in regards to whether the death penalty contradicts the Eighth Amendment. If the death penalty does contradict the Eight Ame ndment, then the State should not have the power to sentence criminals to death for capital crimes. However, if capital punishment is not against the Eighth Amendment, then the State has the right to sentence criminals to death. In this essay I will first summarize Justice Brennan’s argument on why the death penalty is beyond the power of the State to inflict. ThenRead MoreThe Fourth Amendment Of The United States Constitution1327 Words   |  6 Pagesfourth amendment to the United States Constitution is part of the Bill of Rights, and was introduced to Congress by James Madison in 1789. The role of the Fourth Amendment is to prohibit unreasonable search and seizure and a warrant is to be required that is supported by probable cause. Even though the Amendment was introduced in 1789, it wasn’t adopted as an official amendment until 1792, because in December of 1791 three quarters of the states had ratified the amendment. The fourth amendment hadRead More The Flag-bu rning Debate Continues Essay examples1186 Words   |  5 Pagesconstitutional amendment that would make flag-burning illegal (Johnson 16).    After multiple attempts, a flag-burning amendment was finally approved by the House of Representatives in 1995, but it fell 3 votes short of approval in the Senate (Buckly 75). Still, lobbyists continue to push for anti-flag-burning legislation. One may wonder why, if the majority of Americans want the flag protected, does Congress and the Supreme Court continue to resist the idea of a flag amendment.    TheRead MoreFree Speech Vs Hate Speech Essay769 Words   |  4 Pageswidespread debate as there are convincing arguments on both sides that are very compelling. Although there are many points commonly used to back up the argument that are false and inaccurate. All Americans have a right to freedom of religion, speech, press, petition, and assembly as depicted in the first amendment, but the exceptions to freedom of speech have never directly been acknowledged by the U.S. Supreme Court. The common slippery-slope argument for â€Å"hate speech is free speech† is that many

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