Schenck v US, (1919) was the first case that tested the US government's authority to regulate freedom of speech, an important First Amendment protection.
Schenck was a challenge of a Congressional Act that placed limits on the First Amendment Free Speech Clause. When the US Supreme Court held the Espionage Act of 1917 (ch. 30, tit. I § 3, 40 Stat. 217, 219) was constitutional, it created the first "exception" to the constitutional mandate "Congress shall make no law . . . abridging the freedom of speech," by declaring the government's interest in promoting national security superseded the public's right to exercise unrestricted free speech.
Schenck v. United States, 249 U.S. 47 (1919)
For more information, see Related Questions, below.
The first amendment of the U. S. Constitution is probably the most important of the amendments found in the Bill of Rights. It gives us, what Franklin D. Roosevelt would later call, the Four Freedoms. Well, before we talk about some issues the first ammendment has caused, let's talk about the creation of the Bill of Rights.
George Mason is often credited for creating the Bill of Rights, and here's why. On the day all the Founders were supposed to sign the Constitution, George Mason refused to sign the Constitution until they added a Bill of Rights. He knew we needed one, but the other Founders didn't agree. So, he walked out of the building without signing the Constitution along with two other people. Later, Thomas Jefferson wrote to George Washington and James Madison saying that Mason was right and that we did need a Bill of Rights. About four years after Mason refused to sign the Constitution, James Madison wrote the Bill of Rights (the fist 10 amendments to the constitution) and got Congress to pass it.
Now, back to the first amendment. The so-called Four Freedoms the first amedment gives us are the freedom of religion, freedom of speech, freedom of the press, and freedom of assembly. I will be talking about three of the four freedoms and some issues surrounding them.
RELIGION: Many people think with so many people and so many religions, we cannot agree on anything and America will soon fall apart. Not true! And truth to be told, if we all had to be part of the same religion, there would be more fighting than there is now. That's the whole reason the Pilgrims came to America: freedom of religion.
SPEECH: During the 1930's, lots of people were looking at the U.S.S.R. and saying, "Oh look at Russia! It has such a nice goverment. Maybe WE should have a goverment like their's." But secretly, Joseph Stalin, U.S.S.R.'s leader, was killing millions of his own people for speaking out against him. What if the president passed a law you didn't like? Wouldn't you want to tell everybody what you thought?
THE PRESS: Some people think the newspaper shouldn't be able to say whatever the editor wants. Sure, the newspaper may say something stupid once in a while, but besides that, newspapers usually try to stay accurate. Plus, it's nice to hear what the journalists have to say about certain issues.
The problem is that you have a hole in your butt
------ no stupid answers, don't waste your time nor mine
what contoversy involves the first amendment
Cases where the decision hinges on the application of a constitutional provision are heard in Constitutional Courts. A good example of such cases would include all cases concerning Freedom of Speech as guaranteed in the First Amendment.
The first amendment states that everyone is entitled to freedom of religion and should not be a law in favor of any religion or prohibiting a religion.
STATE District Courts, hear ALL cases concerning violations of state law. FEDERAL District Courts hear all types of cases having to do with violation of federal law.
The US Supreme Court is not going to "stop the First Amendment"; they lack authority to change the Constitution. Article V of the US Constitution explains the formal amendment process.
The First Amendment is expressly stated in the Constitution.
cases on constitutional matters
indivual rights must be balanced against the needs of soceity at the time
Supreme Court . because the Supreme Court is in control of crimes, etc. With the first Amendment, the Court's power is limited because people have certain rights which could possibly bail themselves out.
No. The Bill of Rights is the First 10 Amendments to the Constitution. The amendment concerning a woman's right to vote is the 19th Amendment.
One of the first times that the Supreme Court interpreted the full scope of the First Amendment was in 1925. The case was that of Gitlow v. New York.
No, the Tenth Amendment is the last Amendment in the Bill of Rights (the first Ten Amendments to the Constitution). As of 2011, the US Constitution has 27 Amendments; the last, concerning compensation to members of Congress, was ratified in 1992.