1st & 2nd Amendments

Running head : FIRST AND SECOND AMENDMENTSThe setoff and plunk for Amendments to the United States ConstitutionJohn Q . StudentWright State UniversityThe First and Second Amendments to the United States ConstitutionThe eldest two amendments to the United States Constitution provide for the establishment and egis of rights for individuals and organizations . Although this seems simple enough in theory in come it is less so . Frequently one individual physical exertion his or her rights conflicts with another individual s right ability to do the same Consequently , the United States Constitution is not what is indite , but what it has become under the interpretation of the Supreme tourist court of the United States (SCOTUS . Consequently the Constitution is fluid and varies with time , condition , and frequently who appointed the justices . This examines both the First and Second Amendments and provides examples of these rights in practiceThe First Amendment restricts the government s power to any establish a national devotion , prohibit any religion , and protects the rights of large number to practice their religion protects the free address of citizens , the right of concourse to peaceably assemble , and the right of persons to petition the government for slump of grievances . Space limitations will allow this to address only the firstly three liberty of religion , freedom of speech , and freedom of the pressThe establishment clause prohibiting a national religion has provided a considerable number of decisions regarding federal financial aid to ghostly schools . Currently , SCOTUS uses the three-pronged test resulting from decision Lemon v . Kurtzman (1971 ) to envision if aid is a misdemeanour of the establishment clause . First , the action must have a secular intent that neither endorses nor disapproves of religion . have an effect that neither advances nor inhibits religion . and avoid[s] creating a relationship between religion and government that entangles either in the eternal affairs of the other (Hall , 1992 719-20 .

A take place area event in which this occurs concerns school sponsored prayer in public schools . SCOTUS has consistently held that such prayers are a violation of the establishment clause . Despite this prayers continue to be held at high school graduation ceremonies (ACLUThe abridging freedom of speech clause is limited in practice Individuals are not allowed to prescribe or write anything they want , whenever they want in a fashion they want . There exist many restrictions on speech both in criminal and civil constabulary , but a most interesting example is the proscribed act presents a is a clear and present risk of infection to citizens , their property and to the government itself . This notion in this context began with the lineament of Schenk v . United States and was introduced by Justice Oliver Wendell Holmes and Justice Louis Brandeis in 1919 SCOTUS unanimously overturned the Espionage Act of 1917 . This was modified most tardily in Brandenburg v . Ohio (1969 ) to require laws limiting freedom of speech provide not only the clear and present peril requirement , but also to provide for both imperativeness of this danger to the outlawed act and the prohibited...If you want to get a full essay, order it on our website: Orderessay

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