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Monday, January 14, 2019

First Amendment

The foremost Amendment is part of the Bill of Rights. The Bill of Rights is our rights as citizens living in the linked States of the States. In this paper I will look at three provisions to the First Amendment, highlighting mavin sheath for from all(prenominal) one provision. Included are one miscue to discuss freedom of voice communication, one case to discuss time interval of church service and state and one case to discuss freedom of tie-up.1.)Discuss at least one tyrannical act case of moment cogitate to three of the provisions of the First Amendment. slip-up number 1 Cohen v. California, 403 U.S. 15 (1971), this was a United States Supreme tribunal case dealing with freedom of speech. The United States Supreme besidesterfly confused a disturbing the peace creed by a human who exited a courthouse eating a direction a jacket decorated with profanity. On April 26, 1968, capital of Minnesota Robert Cohen was 19 at the time of his ar occupy outside a Los Angele s courthouse wearing a jacket decorated with profanity. His jacket had the words email&160protected%k the Draft. Cohen was arrested for maliciously and willfully disturbing the peace or quiet by any person or a neighborhood.a.)Why did this case have to be hear and understand by the Supreme address? Paul Robert Cohen was ensnare guilty of disturbing the peace at a Los Angeles coquettehouse. Cohens lawyers appealed and the conviction stood its ground in the California judicature of Appeal. The California Supreme Court denied review, the United States Supreme Court granted to review and argue the case. The Courts decision was in advance of Paul Robert Cohen by a vote of 5-4 and overturned the appellate courts ruling. According to justness John Marshall Harlan II the state may not, consistently with the First and ordinal Amendments, make the simple customary of this single four-letter expletive a criminal offense. (Cohen v. California, docket 299, 1971).b.)How do the Supreme C ourt decisions in each case continue to mask the rights of Ameri shadower Citizens like a shot? Cohen v. California is a landmark case because this case removes from our political science the right to censor speech and determine what actions of speech are appropriate for a civil ball club (Balter-Reitz, 2003). This case affects all of us today because it prevents local and federal government determine what is appropriate or over the line when we are expressing ourselves.2.)Discuss at least one Supreme Court case of significance related to three of the provisions of the First Amendment. Case number 2 McCollum v. get along with of Education, 333 U.S. 203 (1948), this was a United States Supreme Court case dealing with separation of church and state. This case was argued at the United States Supreme Court to the fountain of a state to use tax money to support public school days to provide ghostly instruction. Vashti McCollum an atheist objected to the religious classes being pro vided by the battleground public school district. McCollum argued that the school district violated the First Amendment, the tenet of separation of church and state.a.)Why did this case have to be heard and interpreted by the Supreme Court? McCollum v. Board of Education, 333 U.S. 203 (1948) was graduation exercise decided in the circuit court of landing field County in favor of the school district. McCollum then appealed to the Illinois Supreme Court that held the lower courts ruling. McCollum finally appealed to the United States Supreme Court that agreed to hear her case. The Courts decision was in favor or Vashti McCollum by a vote of 8-1ruling that the religious classes was unconstitutional. Justice Hugo melanize stated that To hold that a state cannot consistently with the First and Fourteenth Amendments utilize its public school system to aid any or all religious faiths or sects in the dissemination of their doctrines (McCollum v. Board of Education, 333 U.S. 203, 1948) .b.)How do the Supreme Court decisions in each case continue to affect the rights of American Citizens today? This was a landmark case because it separated church from state. This case also provided a level platform for those who are be a public school. In the McCollum case her son was being singled and make fun of by other students because he did not attend the religious classes. This case was beneficial for all of us today to attend a public school government funded and not have to attend religious classes against our will. As a result of this case school officials in Chtype Aaign Ill, decided to release the students one hour earlier known as release time to attend religious classes without supervision from teachers or school officials (Time Magazine, 1948)3.)Discuss at least one Supreme Court case of significance related to three of the provisions of the First Amendment. Case number 3 male child Scouts of America et al. v. Dale, 530 U.S. 640 (2000), this was a United States Sup reme Court case dealing with freedom of association. James Dale an assistant scoutmaster for the Boy Scouts of America was expelled from reconnoitre afterwards the Boy Scouts of America read an article at a local newspaper that Dale indicated and quoted that he was gay.a.)Why did this case have to be heard and interpreted by the Supreme Court? Boy Scouts of America et al. v. Dale, 530 U.S. 640 (2000), was first decided at a peeled Jersey Supreme Court which forced the Boy Scouts of America to readmit assistant Scoutmaster James Dale after learning that he is gay. The United States Supreme Court overturned the New Jersey Supreme Court decision and decided that forcing the Boy Scouts of America to readmit James Dale violated the rights of the Boy Scouts of America, specifically the freedom of association. The immunity of Association allows a private organization to determine which person can be included into the organization (Boy Scouts of America et al. v. Dale, 530 U.S. 640, 200 0.)b.)How do the Supreme Court decisions in each case continue to affect the rights of American Citizens today? Affects of the U.S. Supreme Courts decision on the case of Boy Scouts of America et al. v. Dale, 530 U.S. 640, (2000) is difficult to measure. It only has been 10 years since the decision but today we are experiencing other cases similar to one above. Cases of the militarys dont ask dont tell constitution has recently been on the news as well states allowing or oppose gay marriages. I predict that the above case will be serving as a foundation for future decisions regarding Americans rights to freedom of association especially if they are gay.4.)Evaluate the rights and responsibilities that the constitution provides you as an American Citizen. In the psychometric test of the cases above, the Constitution provides me an American Citizen a safety net to argue situations when I felt that my constitution is being violated. I can believe that I can appeal to a higher(prenomi nal) court and all the way to the United States Supreme Court to make a final decision. In conclusion, this was a great paper to write because as an American Citizen I have neglected to fully understand the right given to me as a citizen. This paper made me realize how much protection I have as a citizen. After examining the three United States Supreme Court cases I am glad that there is a higher court and whether the decision is pro or con, I can rest assure that a fair and just decision will be made.Referenceshttp//www.firstamendmentcenter.org/faclibrary/case.aspx?case=Cohen_v_CAhttp//www.time.com/time/magazine/article/0,9171,804516,00.htmlcaselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=99-699caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=333&invol=203

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