The First Amendment and Its Impact on Society

Introduction

The Constitution of the United States is the core document that ensures the democratic values of the country and guarantees basic human rights regardless of age, gender, and race. Consequently, it also restricts the governmental power to mitigate the possibilities of unjustified laws and regulations. The First Amendment to the Constitution guarantees the freedom of speech, press, religion, assembly, and the right to petition the government (First Amendment, n.d.). It has had an immense impact on the democratic development of the country since the Bill of Rights’ implementation and is the crucial document for every person in the United States. It protects people from religious prosecution and allows them to have thoughtful discussions about the government and relevant social issues without fear of being charged for speech. The First Amendment is one of the core reasons that make America such an attractive destination for people oppressed in their own countries. Ultimately, the five freedoms protected by the First Amendment have an immense impact on advancing democracy in the United States.

Freedom of Speech

One of the fundamental human rights that guarantees democratic values in the country is the freedom of speech. Freedom of speech is generally recognized as the right of people to express their ideas and thoughts without the fear of penalties or punishments (Kendrick, 2018). Nevertheless, speech is a highly complex subject, and people have argued on what exactly speech is and the scope of the First Amendment since the implementation of the Bill of Rights (Kendrick, 2018). Some individuals have taken advantage of the speech freedom to deliberately diminish and verbally humiliate other people due to governmental protection. There has been a series of ambiguous court decisions in American history that justified the vile actions that seemingly obstructed other civil rights and freedoms (Kendrick, 2018). In this sense, it is essential to understand that freedom of speech is a vital human right, but it cannot resolve all conflicts.

Therefore, one of the core problems that might obstruct the implementation of speech freedom is vagueness. In Chaplinsky v. New Hampshire, Justice Murphy stated, “It is well understood that the right of free speech is not absolute at all times and under all circumstances” (Amdt1.2.3.2.1, n.d.). As a consequence of the court case, the States might ban the usage of ‘fighting’ words that are very likely to provoke people into violence (Amdt1.2.3.2.1, n.d.). Such phrases might include racial slurs, the humiliation of one’s dignity, severe profanity, and threats of violence (Amdt1.2.3.2.1, n.d.). Therefore, while the First Amendment guarantees the protection of free speech, people need to understand the differences between the expression of one’s thoughts and unacceptable behavior that leads to violence. As a result, the vagueness of what exactly is acceptable has been the primary concern of the regulation for more than two hundred years. Nevertheless, it is undeniable that people in the United States, unlike many countries globally, have much more protected speech freedom, specifically concerning political matters.

Freedom of Press

Consequently, freedom of the press is another necessary right for the overall democratic development of the country. Press and media have become major political and national development stakeholders, significantly affecting people’s perspectives (Kenny, 2020). While there might be several drawbacks to press freedom, primarily including the distribution of false information, it is frequently recognized as one of the core features of democracy (Kenny, 2020). For instance, many countries with oppressive regimes continually shut down news sites, TV channels, and other forms of media that attempt to enlighten citizens about the crimes of the politicians (Kenny, 2020). In recent years, the presidents of Venezuela and Turkey have been noticed in waging intense war against press freedom and pushing their political agenda (Kenny, 2020). On the other hand, the First Amendment mitigates such activities in the United States. For instance, while Donald Trump attempted to make media a common enemy of the public during his presidency, he could not take any decisive action against the press due to the First Amendment (Kenny, 2020). Ultimately, press freedom is essential to advancing democracy in the United States.

Religious Freedom

The First Amendment transparently bans any laws concerning the establishment of religions on the federal level and allows people to exercise their beliefs and cultural traditions. This regulation is central to democratic values that respect equality, inclusiveness, and citizenship. Historically, the First Amendment supported the idea of non-religious government since it allowed to minimize the interference with people’s conscience and customs (Amdt1.1.1, n.d.). The regulation further extends to “articles of faith and modes of worship” to include various cultural traditions that might differ from religions (Amdt1.1.1, n.d.). In other words, the First Amendment ensures the peaceful co-existence of people with diverse backgrounds and guarantees that no religion is central to the nation. From these considerations, politicians in early America saw religious freedom as the fundamental human right, a disturbance of which would inevitably “plunge the nation into self-destructive chaos” (Campbell, 2019, p. 445). While religions and faith oaths played a more significant role in the 19th and 20th centuries, religious freedom and equality of all faiths are essential human rights even today.

Nevertheless, religion is a highly prominent topic that constitutes a major part of life in many cultures and might lead to certain complications in a multi-cultural nation. For instance, some experts argue that genuine religious freedom is impossible to achieve due to the unique peculiarities of each faith that might be incompatible with contemporary laws (Campbell, 2019). Historically, there has been a large number of court cases in which the defendants utilized the liberty to exercise religious beliefs to avoid questioning and ultimate punishment (Campbell, 2019). From these considerations, many states had to adjust the regulation to minimize the impact of religious freedom on civil rights. For instance, in 1786, the State of Virginia declared that the right to exercise religion would “in nowise diminish, enlarge, or affect the civil capacities” (Campbell, 2019, p. 448). Ultimately, religion is a highly complex and intimate subject for many people; however, the First Amendment ensures the equality of all faiths on the federal level and minimizes the possibility of conflicts based on religious beliefs.

Right to Assemble and Petition

Compared to the previously described rights, the freedoms to peaceably assemble and petition are frequently overlooked despite their vast significance to democracy. The right to petition has been perceived as a primary democratic right for a long time and has a rich history dating back to the 13th century (Amdt1.4.1, n.d.). People acknowledged the freedom to petition as the primary force of national development and the mechanism to restrict governmental power (Amdt1.4.1, n.d.). Unlike the present days, many nations had authoritative regimes, monarchies, and other forms of highly influential forms of political organization (Amdt1.4.1, n.d.). From these considerations, the right to petition was essential to maximize the impact of public decisions on national development. Thus, even though the right to assemble might be perceived as the basic human right at present, it only became possible due to the influence of the First Amendment and prior regulations. The right to petition played a vital part in the abolishment of slavery, tax laws, and other governmental regulations, which the public was dissatisfied with (Amdt1.4.1, n.d.). Ultimately, the right to assemble and petition has significantly advanced the democratic values in the United States.

Conclusion

Since the implementation of the Constitution and the Bill of Rights, the United States has been known as the most democratic nation globally. Evidently, the First Amendment that guarantees the freedom of speech, press, religion, and petitions has played a crucial role in the country’s development. It ensures that no individual would be punished for expressing their ideas and beliefs or criticizing the government. The current essay has thoroughly analyzed each of the freedoms granted by the First Amendment and emphasized their impact on advancing democracy in the United States. Particularly, speech, press, and religious freedoms have been perceived as the primary rights that have significantly advanced democracy in the United States. Since the implementation of the Bill of Rights, these rights ensured democratic values while minimizing the threat of authoritative regimes in the country. Despite the multiple problems and conflicts in American history, the First Amendment restricted the influence of government on human rights, transforming the United States into the stronghold of democracy.

References

Amdt1.2.3.2.1 fighting words, hostile audiences and true threats: Overview. (n.d.). Constitution Annotated. Web.

Amdt1.4.1 freedom of assembly and petition: Overview. (n.d.). Constitution Annotated. Web.

Campbell, J. (2019). Testimonial exclusions and religious freedom in early America. Law and History Review, 37(2), 431-492.

First Amendment. (n.d.). Constitution Annotated. Web.

Kendrick, L. (2018). Use your words: On the “speech” in “freedom of speech”. Michigan Law Review, 116(5), 667-704.

Kenny, P. D. (2020). “The enemy of the people”: Populists and press freedom. Political Research Quarterly, 73(2), 261-275.

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