Rflections of the First Amendment

Reflections on the First Amendment Paper

Lindsey Brenner

HIS301

Nort Seever

March 19, 2012

Introduction

“The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference” (First Amendment: An Overview, 2010). Our rights to freedom of speech, press, and assembly all fall under freedom of expression. The Supreme Court interprets the range of protection given to these rights. Since the First Amendment was ratified in 1791, the Supreme Court has heard and interpreted many cases in which individuals, companies, or the public have felt their rights under the First Amendment were being violated. To gain a better insight and understanding of the First Amendment and our rights, this paper will discuss six significant cases.

Historical Background

New York Times Company v. United States

For years the Supreme Court has disagreed on the amount of limits placed on the first amendment guarantees of freedom of speech and press. During 1971, the Supreme Court encountered these issues again in the New York Times case. The infamous newspaper had acquired a copy of documents known as “The Pentagon Papers.” These documents were an internal Defense Department report that detailed government deception with regards to the Vietnam War. “The Pentagon Papers surfaced at a time when the American people were deeply divided on the question of United States involvement in the war. The New York Times fought for the right to publish the papers under the umbrella of the 1st Amendment” (New York Times Co. v. United States (1971), 2005).

Schenck v. United States

During World War I, a major effort to promote national unity was put into effect. Part of this effort was the enactment of a number of laws restricting first amendment freedoms to curb anti dissent. In the year of 1917, Congress passed the Espionage Act. This act set rigid penalties for expressing and circulating false statements that...