SONG LYRICS AND THE FIRST AMENDMENT We believe that the first amendment protects all song lyrics unless the lyrics incite a “clear and present danger.” The first amendment of the constitution is, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people to peaceably assemble, and to petition the government for the redress of grievances.” Although we have these rights guaranteed to us by the first amendment, our speech is restricted if it incites a clear and present danger. So what do we do about songs that can be misconstrued about their message and purpose? Should their lyrics be protected by the first amendment? In our opinion, the first amendment should protect all song lyrics unless they incite a “clear and present danger” The clear and present danger clause was produced during World War 1 in the case of United States v. Schenck, where Charles Schenck sent 15,000 anti-draft letters through the mail. The government accused Schenck of illegally interfering with military equipment, violating the Espionage Act which prohibits all false statements that interfere with the military power.
A Democratic-Republican supporter George Hay of Philadelphia argued that any kind of legislation against a protected freedom, in this case freedom of the press and opinion, is “extremely forbidden by the constitution” (Doc. 7). Democrat-Republicans Thomas Jefferson and James Madison quietly rebelled against the Alien and Sedition Acts by drafting the Virginia and Kentucky Resolutions. They argued that the
Although Congress passed for bills known as the Alien and Sedition Acts in 1798 intending to help protect the government of the united states from potential threats, they did not truly protect Americans from their foreign enemies. There were many controversies that developed around and because of these acts. The Alien Acts had three parts. The first part stated that you had to live on U.S. soil for at least fourteen years in oder to become a citizen. This made it harder for foreighners to become citizens.The second part stated that the President had power to deport all aliens that he thought dangerous to the peace and safety of the United States.
The Sedition Act prohibited anyone from insulting the federal government verbally or in writing. This act violated two components of the Bill of Rights: freedom of speech, and freedom of the press. This act ironically simulated what would most likely happen in a monarchial society. The federalists were often accused of being “Monocrats” and wanting a monarchial society. (Document F) One Republican, James Madison, perceived the beginnings of a monarchy as he wrote, “The abolition of Royalty was it seems not one of his Revolutionary principles.” (Document N) These views are exemplified in the picture depicting the XYZ Affair.
Schenck v. United States (1919) Facts of the Case: When America entered WWI, Congress passed the Espionage Act of 1917, which said that during wartime obstructing the draft and trying to make soldiers disloyal or disobedient were crimes. Charles Schenck, who served as general secretary of the Socialist Party, was vehemently against the war. He mailed thousands of pamphlets to men who had been drafted into the armed forces. These pamphlets said that the government had no right to send American citizens to other countries to kill people. As a result, the government charged Schenck with conspiracy to violate the Espionage Act by attempting to cause insubordination in the military and to obstruct recruitment.
First Amendment: My view and theirs Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ----First Amendment The First Amendment has led Americans to believe in a hallowed sense of freedom that does not exist; freedom of speech. Freedom of speech in this country has never been absolute. You can't yell fire in a crowded theater, solicit bribes, make terrorist threats, slander another, intentionally inflict emotional distress or be obscene in public (Dickerson). What Americans do have a right to is their opinion and the means by which to express it, no matter if the opinion is favorable or not.
3. The qualifier is in paragraph 4. I think what the writer wrote as the qualifier limited his argument because the only thing he can discuss is burning the American flag is distasteful. I feel he could have done some pros and cons of burning the flags, besides just talking about freedom of speech. He could have talk about the American soldiers and what the American flag mean to them.
The executive branch of federal government created a Loyalty Security Program which President Harry S. Truman had written as the Executive Order 9835. As stated the Loyal Security Program “imposed a political test on federal employees, disqualifying anyone who belonged to the Communist party or had a ‘sympathetic assocation’ with it or any other allegedly subversive organizations or individuals” (Schrecker 171). This document discussed all responsibilities and investigative rights for the
Espionage Act of 1917 originally prohibited any attempt to interfere with military operations, to support U.S. enemies during wartime, to promote insubordination in the military, or to interfere with military recruitment. Schenck v. United States was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to express freedom of speech against the draft during World War I. Clear and present danger was a doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press or assembly. Meyer v. Nebraska was a U.S. Supreme Court case that held that a 1919 Nebraska law restricting foreign-language education violated the Due Process clause of the Fourteenth Amendment. Red Scare denotes the promotion of fear of a potential rise of communism or radical leftism, used by anti-leftist proponents.
Violations of Americans Constitutional Rights Johnny Dunn EN1420 26 MAY 2014 Violations of Americans Constitutional Rights How Americans Constitutional Rights are being violated by The US government, referencing Amendment I, Amendment II, and Amendment IV of The US Constitution. Amendment I violations enabled by the US Patriot Act allows the government to monitor religious and political groups without suspecting criminal activity. This directly ignores the 1st Amendment stating, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Further US Patriot Act infractions of the 1st Amendment, allows the government to prosecute librarians or any other record keepers if they tell anyone