Archive for the ‘First Amendment’ Category

The First Amendment (Historically Speaking) – Episode #5 – Video


The First Amendment (Historically Speaking) - Episode #5
Frederick Douglass Dixon hosts this week #39;s The First Amendment on UPTV.

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The First Amendment (Historically Speaking) - Episode #5 - Video

Mike Huckabee Opening Statement – "Houston We Have A Problem" – Attack On First Amendment – Video


Mike Huckabee Opening Statement - "Houston We Have A Problem" - Attack On First Amendment
Mike Huckabee Opening Statement - "Houston We Have A Problem" - Attack On First Amendment - Freedom Of Religion! =========================================== **Please Click Below to ...

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Mike Huckabee Opening Statement - "Houston We Have A Problem" - Attack On First Amendment - Video

1st Amendment – Constitution – Laws

First Amendment: Religion and ExpressionWhat is the First Amendment?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.The First Amendment Defined:The First Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.Stipulations of the 1st Amendment:The First Amendment to the United States Constitution prohibits the passing or creation of any law which establishes a religious body and directly impedes an individuals right to practice whichever religion they see fit.The First Amendment to the United States Constitution is a part of the Bill of Rights and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, the right peaceable assemble, the freedom of the press, or which prohibits the petitioning for a governmental evaluation of grievances.In its infancy, the First Amendment only applied to laws enacted by Congress; however, the following Gitlow v. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.The Establishment clause of the First Amendment is the primary pronouncement in the Amendment, stating that Congress cannot institute a law to establish a national religion for the preference of the U.S. government states that one religion does not favor another. As a result, the Establishment Clause effectively created a wall of separation between the church and state. How the First Amendment was created:When the original constitution was created there was significant opposition due to the lack of adequate guarantees for civil freedoms. To offer such liberties, the First Amendment (in addition to the rest of the Bill of Rights) was offered to the states for ratification on September 25, 1789 and later adopted on December 15, 1791.Court Cases tied into the 1st AmendmentIn Sherbert v. Verner, the Supreme Court applied the strict scrutiny standard of review to the Establishment Clause, ruling that a state must demonstrate an overwhelming interest in restricting religious activities.In Employment Division v Smith, the Supreme Court went away from this standard by permitting governmental actions that were neutral regarding religious choices.Debs v. United States on June 16, 1919 tested the limits of free speech in regards to the clear and present danger test.1st Amendment: Freedom of SpeechFreedom of speech in the United States is protected by the First Amendment and is re-established in the majority of state and federal laws. This particular clause typically protects and individuals right to partake in even distasteful rhetoric, such as racist or sexist comments and distasteful remarks towards public policy.Speech directed towards some subjects; however, such as child pornography or speech that incites an imminent threat, as well commercial forms of speech are regulated.State Timeline for Ratification of the Bill of RightsNew Jersey:November 20, 1789; rejected article IIMaryland:December 19, 1789; approved allNorth Carolina:December 22, 1789; approved allSouth Carolina: January 19, 1790; approved allNew Hampshire: January 25, 1790; rejected article IIDelaware: January 28, 1790; rejected article INew York: February 27, 1790; rejected article IIPennsylvania: March 10, 1790; rejected article IIRhode Island: June 7, 1790; rejected article IIVermont: November 3, 1791; approved allVirginia: December 15, 1791; approved allGeorgia, Massachusetts and Connecticut did not ratify the first 10 Amendments until 1939

First Amendment: Religion and ExpressionWhat is the First Amendment?

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.

The First Amendment Defined: The First Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.

The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.

Stipulations of the 1st Amendment: The First Amendment to the United States Constitution prohibits the passing or creation of any law which establishes a religious body and directly impedes an individuals right to practice whichever religion they see fit.

The First Amendment to the United States Constitution is a part of the Bill of Rights and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, the right peaceable assemble, the freedom of the press, or which prohibits the petitioning for a governmental evaluation of grievances.

In its infancy, the First Amendment only applied to laws enacted by Congress; however, the following Gitlow v. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.

The Establishment clause of the First Amendment is the primary pronouncement in the Amendment, stating that Congress cannot institute a law to establish a national religion for the preference of the U.S. government states that one religion does not favor another. As a result, the Establishment Clause effectively created a wall of separation between the church and state.

How the First Amendment was created: When the original constitution was created there was significant opposition due to the lack of adequate guarantees for civil freedoms. To offer such liberties, the First Amendment (in addition to the rest of the Bill of Rights) was offered to the states for ratification on September 25, 1789 and later adopted on December 15, 1791.

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1st Amendment - Constitution - Laws

Orange County judge dismisses Sunshine Law violation against Chris Dorworth

An Orange County judge today dismissed a charge of breaking the state's public meeting laws against former state representative-turned-lobbyist Chris Dorworth.

Judge Tanya Davis Wilson, who was set to start jury selection Thursday, ruled that Dorworth's First Amendment rights to free speech was violated by the misdemeanor charge against him.

"A private citizen has a protected constitutional right to communicate with public officials or members of a public body about matters that may come before that body," Wilson wrote.

Dorworth's attorney, Richard Hornsby of Orlando, said, "I'm pleased. I thought this was a flawed prosecution from the beginning."

Chief Assistant State Attorney Richard Wallsh said his office would issue a reaction later this afternoon.

Dorworth was accused of acting as a go-between, or conduit, between two former members of the Orlando Orange County Expressway Authority in a plot to oust then-director Max Crumit.

According to the state's so-called "Government in the Sunshine" laws, authority business could be discussed only in public, such as a board meeting, and not in private. Conviction of the misdemeanor is punishable by a $500 fine and up to 60 days in jail.

Dorworth, according to an Orange County grand jury indictment, passed information between Scott Batterson and Marco Pena, who were on the board and were part of a 3-2 vote in August 2013 to seek a replacement for Crumit.

Pena earlier this year pleaded guilty to breaking the sunshine law and paid a $500 fine. Batterson last week pleaded no contest to the same charge.

Hornsby said the proper people to go after were Pena and Batterson, not Dorworth.

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Orange County judge dismisses Sunshine Law violation against Chris Dorworth

SCOTUSblog on camera: Laurence H. Tribe (Part two) Case law – Video


SCOTUSblog on camera: Laurence H. Tribe (Part two) Case law
Two important cases -- Richmond Newspapers, Inc. v. Virginia (public access to trials) and Larkin v. Grendel #39;s Den, Inc. (the First Amendment Establishment Clause and a church #39;s power to...

By: SCOTUSblogoncamera

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SCOTUSblog on camera: Laurence H. Tribe (Part two) Case law - Video