Speaking Your Mind with the First Amendment the U.S
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Do We Have a Right to Bear Arms? by Barbara Sheehan The Second Amendment to Speaking Your Mind With the First Amendment the U.S. Constitution protects by Roberta K. Glassner, Esq. every U.S. citizen’s “right to bear f you’ve ever had a civics class, you probably arms.” Or does it? This question know that the government and laws of remains in debate as modern-day I this country were established by the U.S. concerns about violence in Constitution. But not every law is contained in the our society intensify. body of the Constitution itself. What does the Second Many of the laws we consider our changes you would like to see in the Amendment say? constitutional rights are found law. Simply put, the First Amendment Specifically, the Second in the first 10 amendments to the protects your right to worship freely, Amendment states: “A well Constitution, known as the Bill of to speak, read and write freely and to Rights. These rights were added to the meet freely. regulated militia , being U.S. Constitution on Dec. 15, 1791. necessary to the security of a free Some people consider the First Freedom of religion Amendment of the Bill of Rights to be Can your public school enforce State, the right of the people to the most important. This amendment a policy requiring each school day keep and bear Arms, shall not be guarantees every American three to begin with a prayer? The First freedoms that are essential to Amendment says it cannot because the infringed.” . Bill of Rights guarantees the right of democracy Does this mean that every Under the First Amendment, everyone in your school to worship as you are guaranteed freedom of religion, he or she chooses—or not to worship at private U.S. citizen should be freedom of speech and of the all. A prayer that is compelled in public entitled to keep and bear a gun? press, and freedom to school, however simple, may not reflect attend public meetings the religious beliefs of every student. Or should only those who are and petition your And for those who choose not to follow acting in some kind of organized government—to any faith, that prayer would not reflect tell it of their choice at all. “militia,” such as the police or government-sanctioned Speak up One of the great things about living armed forces, be entitled to in the United States is your right to carry weapons? To make a free speech. Let’s say you are a determination on this issue one continued on page 2 continued on page 4 First Amendment continued from page 1 Amendments That Never Came Close Star Wars fan who went to see The Phantom Menace and thought it was awful. The First Amendment gives One of the great features of the U.S. Constitution is its flexibility. At you the right to express your opinion to anyone who the time of its ratification, the population of the United States was will listen. And if your school has a newspaper, you can around four million. Today our population exceeds 270 million. Since write a review of the movie and say exactly what you its adoption, the U.S. Constitution has only changed 27 times. That is thought of it. Your friends may disagree with you, but an amazing fact considering the changes in technology, infrastructure, it’s their constitutional right of free speech to express population, etc. in this country in more than 200 years. The framers their opinions too. Other examples of free of the Constitution gave it that flexibility because they realized that speech would be if your no document could cover all of the changes that would take place parents buy a car and it keeps in the world. breaking down, they can tell There have been close to 10,000 amendments proposed in everyone they know what a Congress since 1789, and only a fraction of a percentage of those “lemon” that car is. If you think receive enough support to actually go through the constitutional the president of the United States is ratification process. a great president, you can express that view freely The success rate of an amendment to become part of the and openly. If you think he’s not great at all and think U.S. Constitution is less than one percent. Following are just some someone else would do a better job, you can say so of the proposed amendments to the U.S. Constitution that never just as freely. left the halls of Congress: The First Amendment guarantees that you cannot be stopped from saying what you think—not by the 1876: An attempt to abolish the United States Senate. producers of Star Wars , not by the manufacturer of 1876: The forbidding of religious leaders from occupying your parent’s car and not by the president or the a governmental office or receiving federal funding. government. The First Amendment also guarantees 1878: An executive council of three should replace the your right to express your opinion without speaking. office of president. Free speech includes wearing a button, carrying a sign, 1893: Renaming this nation the “United States of the Earth.” putting a bumper sticker on your car or wearing a 1893: Abolishing the United States Army and Navy. T-shirt with a message on it. 1894: Acknowledging that the Constitution recognize God and Jesus Christ as the supreme authorities in human affairs. Can I say anything? 1912: Making marriage between races illegal. So, does that mean that anyone can say anything 1914: Finding divorce to be ill egal. at any time? Are there ever limits to your right to free 1916: All acts of war should be put to a national vote. Anyone speech under the Bill of Rights? voting yes has to register as a volunteer for service in the The answer is yes, because no right is absolute. You are expected to exercise your right to free speech United States Army. like every other right you enjoy—in a reasonable way at 1933: An attempt to limit personal wealth to $1 million. the right time and in the right place. Your right to free 1938: The forbidding of drunkenness in the United States and speech does not permit you to stand up in the middle all of its territories. of class, interrupt a lesson and just speak out anytime 1947: The income tax maximum for an individual should you have something important to say. You may be in not exceed 25 percent. the right place, but it would not be the right time and 1948: The right of citizens to segregate themselves from others. it certainly would not be reasonable or fair to your 1971: American citizens should have the alienable right to an classmates or your teacher. environment free of pollution. And no one can yell “FIRE!” in a public place Source: www.unitedstates-on-line.com when there is no fire so that it causes people to run for the exits in panic. The U.S. Supreme Court has held that any form of speech designed to cause harm 2 to other people is not entitled to protection by the First Amendment. Speech that tries to stir everything. Magazines can print articles in your town park. If you are assigned a up people to become violent about the lives of famous people. And field to play on, you have successfully toward others is not radio and television can broadcast petitioned a government office. protected. Speech stories about any event they find But what if you are told that no field that tries to get interesting or important in this country is available? Then you have the right to people to damage or in other countries around the world. go further and send a letter, or a the property of Whether anyone agrees with the ideas petition, to your county freeholder. others is also presented in these books, newspapers, If you are told again that no field is not protected. magazines or broadcasts is up to each available, you can go on to appeal to individual, but the First Amendment your district assemblyperson and your Stop the presses protects the right for these ideas to senator. Under the First Amendment, The First Amendment not only be presented. you have the right to petition all these protects your right to express your own people to try to get your government to ideas and opinions, it also protects your Petitioning your government respond to your need for a soccer field. right to read and hear the ideas and What about the First Amendment’s Think for a minute about the First opinions of others. That right is called right to petition? Let’s say you are a Amendment and try to imagine what it freedom of the press and it applies to member of your school’s soccer team. would be like if you did not have the books, newspapers, magazines, radio There is only one field at your school constitutional rights it protects. Are and television. and that is where the football team there any rights you would like to see Under freedom of the press, a practices and holds its games. expanded? Do you think any should publisher can print a book that claims Under the First Amendment’s right be limited? # aliens from other planets live among to petition, you and your teammates can us. A newspaper can print editorials write to your county park and recreation Roberta K. Glassner is an attorney stating opinions about anything and department and ask for a playing field in New Jersey.