The First Amendment

The First Amendment

The first Amendment was adopted mainly because of a public outcry when the original text of the Constitution was sent out to the states for ratification.  Many Americans such as Patrick Henry believed that, with our specific rights not enumerated, that unscrupulous members of government would assume that we did not have them.  It was important to many segments of society, including religious minorities such as Baptists, to have their freedoms guaranteed, for they had suffered persecution in the past.  The amendment was written up by James Madison, and was ratified December 15th, 1791.

The first amendment has been one of the most discussed portions of the Constitution, and, all in all, has been one of its happiest successes.  It has prevented the tyranny of a church state, which plagued Europe for so many years, and has allowed a freedom to express public opinion rarely found in other countries.  Sadly, there have been some noteable exceptions, such as Abraham Lincoln's shutting down of newspapers that opposed his invasion of the Southern states during the Civil War.  

However, its impact on society has been almost exclusively beneficial; the only negative impacts have occurred when those in authority have ignored it.  One of its most recent impacts has been the heated discussion over the extent of the amendment; does it cover treasonour, obscene, or hateful modes of speech?  Most are agreed that even this broad amendment must have some limits, but those who outrage society always attempt to take cover under its shadow.  

Court cases involving interpretation of the First Amendment have been too numerous to even begin to recount them all.  A few examples: Stromberg vs. California, 1925, ruled that a state law prohibiting the display of a red flag violated the First Amendment, because they were barring the free expression of political opinion.  In 1940, in the case