Aspects of First Amendment

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nAspects of First Amendment

nThe First Amendment has five parts which apply to religion, free press, assembly, free speech and petition. The First Amendment states that “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 redress of grievances” (Harrison, et al, 213) . The aspects of First Amendment guarantees for the freedoms of individuals as stipulated in the bills of rights. However, there are specific legal situations where these aspects should be limited.

nFreedom of religion

nThis part of First Amendment ensures that there is independence between state and religion. It prohibits the government from establishing a state religion (Harrison, et al, 213). This ensures that the states functions are not influenced by the faith or religious beliefs. Therefore, the U.S federal government should not use the terms such as “ministry” in governments operations because the word ministry would mean federal faith. In addition the first part of First Amendment prohibits the government against influencing or interfering with individuals rights to religious beliefs. This gives part gives all U.S citizens the right to practice religion of their own choice without fear of intimidation and prejudice.

nFreedom of free speech

nThe First Amendment gives the U.S citizens rights to speak openly without criticism. In addition, it prohibits the government against interfering with personal opinions and rights to speak openly. The First Amendment empowers the citizens to openly criticise public officers who are involved in corruption without fear of contradiction (Harrison, et al, 235). Public opinions should be valued and taken into account when the government is making decisions. The amendment also empowers individuals to express their concerns or give opinion in areas they feel that the government is not upholding the rule of law.

nFreedom of free press

nThe first amend protect the media against laws that would interfere with right to broadcast their news. Additionally, First Amendment ensures that there is free flow of information through any media in the country (Harrison, et al, 270). Media houses are free to disseminate news, symbols, images, entertainment, sounds, opinions and research. It also guarantees the right of the journalists, news anchors and editors against government intimidations and threats. Media has a great role to play in the society because it educates, entertain and informs the people about day to day governments operations.

nBesides the First Amendment, empowers private companies or individual to own media. Media has the role of holding the government accountable for violations of human right, corruption or malpractices (Harrison, et al, 271). Government should not dictate to the media what items to be aired or not. The First Amendment also prohibits against polices that limits the right of press in the United States of America.

nFreedom of assembly

nThe First Amendment allows people to hold public rallies or gather as a group. It also safeguards the right of civil movements when they hold protests against civil wrongs in the country (Harrison, et al, 213). Citizens can gather to plan or execute protest to call for resignation of public officials. Furthermore, it allows the citizens to join or associate with people, organisations or groups of their choice even if such people are against the government.

nFreedom to redress

nFinally the First Amendment protects the right to petition for a redress of grievances to the government. It allows the individuals to file lawsuits in court of law to petition wrongs against the authority (Harrison, et al, 301). Besides, the First Amendment allows the people to collect signature to appeal or support any policy, law or actions of the government. The First Amendment acknowledges that individual signature is a symbol of their liberty. Personal signatures represent unlimited and identity of peoples freedom. Therefore, U.S citizens can participate in creating laws or repealing laws.

nLimitations of freedoms in First Amendment

nHowever, there are several limitations to the aspects of First Amendment. There are certain instances where freedom of religion is denied to the citizens. For instance, the laws limit the rights of individuals who decline medical care for religious purposes (Harrison, et al, 402). Besides, the government does not allow use of poisonous snakes or chemicals in religious rites. In addition there are laws banning polygamy, which limit the freedom of religion.

nFreedom of speech is limited when it contradict with other human right and freedoms. The court uses the principle of “clear and present danger” to decide the limit of freedom of free speech. The principle stipulates that free speech would not be protected if an individual present clear danger to U.S security.

nFreedom of assembly allows for free participation in protests and demonstrations (Harrison, et al, 407). However, the freedom is limited when such actions obstructs traffic, endanger public safety or when protestors trespasses illegally.

nThere are specific situations where the government is allowed to limit the freedom of press (Harrison, et al, 451). For instance if a confidential source violates the federal law in leaking the information to the press, the reporter will be compelled to name the source. If the reporter refuses to name the source who leaked the information, he/she may be jailed. In addition, law prohibits the press against defamation. This involves publishing false information knowingly.

nFreedom of redress may be limited by the government depending on the time, manner and place (Harrison, et al, 213). For instance, the petitioner seeking redress of grievances by the government must proof that their petition has legal standing to show that the matter affected them individually. Additionally, the petitioner should not expect his/her petition to be heard at 4: 00 in the morning.

nIn conclusion, freedoms as stipulated in the First Amendment should be promoted so that individuals can enjoy their right to worship, assembly, free speech, and freedom to redress. However, specific circumstances warrant limitations of aspects of First Amendment. Therefore, the government should take into account the freedoms other people when implementing aspects of First Amendments.

nWorks cited

nHarrison, Brigid C, Jean Harris, and Michelle D Deardorff. American Democracy Now. 3rd ed. New York: McGraw-Hill Education, 2012. Print.