Reflections on the First Amendment

Reflections on the First Amendment

Introduction

The constitution of the United States of America aims at ensuring provision of proper security and utmost benefits to its citizens, and has also passed a number of laws and clauses that ensure the same. The discussion and efforts to ensure peace and security have also resulted in a number of laws that are related to the freedom of citizens: their freedom to lead their lives in the desired manner (with certain restrictions of course) and to express themselves freely. The same efforts have also led to the formulation of the First Amendment, which ensures the right to privacy of the American citizens as well as their freedom of speech.

Discussion

First Amendment ensures that the court shall not pass any laws that infringes upon the rights of the citizens and would also refrain from encouraging discrimination among religions and grants freedom to the press. Thus, the First Amendment can be regarded as a benchmark achievement in the freedom of press. The First Amendment was initially enacted in the Congress, and since then, a number of cases have been filed and a large number of judgments have been passed by the courts on the basis of this amendment. These cases further clarify the limits of this amendment and allow the citizens to under its implications vividly, thus making sure that in future, the First Amendment is used in the right manner. The following paragraphs would highlight the importance and significance of the First Amendment while discussing two different cases:

United States v. Eichman, 496 U.S. 310 (1990)

United States v. Eichman was decided in 1992 by the supreme court of America and it is linked to the right of freedom of speech for the citizens. The decision of the court played a major role in invalidation of the federal law, which declared the desecration of flag as an infringement on freedom of speech. The case was filed along with some other cases and the decision of this case assisted in deciding the other case as well. According to the decision passed by the supreme court of the United States of America, the statue of Texas State, which banned the burning of flag, was declared void on the basis of fact that the clause was causing violation of the freedom of expressions. After going through the case, the court decided that the right to burn the flag of United States of America, for any of the various reasons, was the right of any citizen and no one can be prosecuted for doing so. The court also stated that if the court prosecutes any individuals for burning flag, it would be taken as violation of the First Amendment and thus should be allowed in all parts of the United States. It was further states that flag- burning is a part of the expressive behavior and therefore it has the protection of the First Amendment.

Arizona free enterprise club's Freedom Club PAC v. Bennett (0-238 and 10-239)

The Arizona free ...