The Battle Between the First and Sixth Amendments

The Battle between The First and Sixth Amendments

COM/150

February 13, 2010

Our First Amendment right is to have access and attend trials. Allowing the media into the courtroom has taken the dignity out of the judicial system and is jeopardizing a defendant’s right to a fair trial. In this paper I will show how the media’s stance on The First Amendment in the United States is affecting the rights of the accused given to him or her in The Sixth Amendment.

The United States First Amendment states, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Our media today continues to fight for the right to print and publish courtroom trials. Is this what the First Amendment was written for? According to The First Amendment Center, “The First Amendment was created to protect religious minorities, protect the citizens from a national religion, allow the press to criticize our government, and allow us as citizens of this nation to mobilize for social change.” (Buchanan n.d.). Nothing in The First Amendment states that the media has a right to broadcast or print a courtroom trial. The First Amendment was written by our forefathers to help keep our government in line, not us as citizens. If we allow the media the right to continue on the current path at what point do we say enough is enough? If we look at the media’s definition of The First Amendment, is it not the media’s right to print, or broadcast our bedroom activities also?

Let us look at the rights of the accused. The United States Sixth Amendment states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously...