The First Amendment assures freedom of faith. It also affects everyday life in many ways. The amendment has a ban on state authorized religion. In 2000, the Supreme Court presented public prayer in school as being illegal. When “Pregame Prayer” is visible at schools the establishment clause of the First Amendment is then violated. The First Amendment provides freedom in two different clauses. One states that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”. Those clauses are the establishment clause and the free exercise clause. (Ginsberg et al. 99) There should not be limits on freedom of speech. The constitution states itself that we as people have the right to speak freely without the fear of prosecution. We should be able to speak up about wrongful and unfair things. I believe that government …show more content…
I believe there should be limits on religious expressions in public schools because religion is such a touchy subject and in schools it can be difficult from my experience.
QUESTION 5 An affirmative action policy uses two different approaches, positive or kind discrimination in which race or some other position is considered as a positive rather than a negative aspect. The second approach being compensatory action to favor members of the deprived group who themselves may never have been the victims of discrimination. Affirmative action is controversial in the united states. Affirmative action was first spoken of by the Supreme Court in the case of Allan Bakke. Bakke argued that his grades and test scores had ranked him well above many students who had been accepted at the school and that the only likely clarification for his denial was that he was white, whereas those others accepted were black or Latino. Bakke won his case in 1978 before the supreme court and was admitted to the medical school, but he failed in getting affirmative action declared unconstitutional. (Ginsberg et al.
Katznelson’s argument that affirmative action policies were enacted with purposeful, deliberate discrimination is convincing. Namely, he considers the historical context that would have shaped Americans at the time and swayed their opinions. For example, Katznelson references the Civil War and the end of slavery, and how these events shaped the attitudes of key players like the Southern Democrats, which would then result in the faulty policies that perpetuated affirmative action’s favoritism of whites. His evidence is sufficient as well. Katznelson highlights the trend of Southern Democrats interfering in affirmative action policies and the footholds they had in specific acts.
While the freedom of speech is protected under the constitution, there are several types of speech that are restricted by the government. In general, if the speech is found to cause harm or threaten the safety of the public, it is restricted. According to Oliver Wendell Holmes, “a restriction is legitimate only if the speech in question poses a “clear and present danger”—i.e., a risk or threat to safety or to other public interests that is serious and imminent.” (Volokh, E., 2015). There are restrictions placed on fighting words, defamation, threats, and false statements of
In the late 1700’s, James Madison wrote the first Ten Amendments that are listed in the United States Constitution. The Bill of Rights were written to ensure American citizens that they have freedoms and rights that the government can 't infringe. Out of the Ten Amendments, I believe that the First and Eighth Amendment are the most significant. The First Amendment grants us freedom of speech, religion, press, petition, and for people to assemble peaceably.
“Affirmative Action may not be a perfect system, but there should be no doubt that it has endangered many successes. It has opened the doors of America’s most elite educational institutions to minority students, granting them unprecedented opportunities” (Ogletree 12). Thanks to Presidents John F. Kennedy and Lyndon B. Johnson a policy that prohibits employment and education discrimination based on race, color, religion, national origin, and sex is offered today to those who suffer from said discriminations (A Brief History). Affirmative action has opened abundant openings for minorities, allowing the cycle of going to college to be passed down generations and provided job opportunities that otherwise would not be considered by most. Affirmative
This is where the contradiction of the first amendment and laws abide one another. Is it freedom of speech or is it a
The First Amendment was written because American citizens demanded a guarantee of their freedom. This led to James Madison writing the First Amendment. The First Amendment was established when the Founding Fathers wanted to guarantee that the Americans ' basic civil liberties would not be threatened by the government. The First Amendment was confirmed, along with nine other amendments,to the constitution of the United States. The First Amendment states “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 to the United States Constitution states “Congress shall make no law…abridging the freedom of speech”. Some people in today’s time would argue the first amendment is one of the most important listed in the Bill of Rights. Many forms of speech are protected by the first amendment that one wouldn’t think would be such as flag burning and “adult videos”. Over the years there have been many different court cases that have debated and fought the forms of speech that are protected. Many people in society treat speech differently and this is given in the United States because there are such diverse groups throughout the nation.
The government cannot favor one religion over another, or treat people differently because of what religion they practice. Many countries will only tolerate certain religion, but because of the first amendment, our country does not discriminate against other religions. The freedom of speech makes sure that citizens can speak out against the government and say what we believe. We can speak
One of the largest issues we face as a society is the security of equal opportunities for everyone. Minorities especially see very little opportunity when it comes to getting an education. Affirmative action seemed to be a logical solution to the racial discrimination involved with college admissions. However, affirmative action has proven to be of little success. Although there should be policies in place to ensure equal opportunity for all students, regardless of race, affirmative action gives an unfair advantage to students of color, and does not solve the institutional disadvantages that minorities have.
Affirmative action has become obsolete in today’s society. Affirmative action is an active effort to improve the employment or educational opportunities of members of minority groups and women; also: a similar effort to promote the rights or progress of other disadvantaged persons (Merriam-Webster, 2011). Today’s affirmative action will demoralize the very concepts that the policy was implemented to uphold: those of equality for all people regardless of color and discrimination. This policy supports racial multiplicity at the price of distinction, impartiality and experience; it also follows the line of reverse discrimination and sexual bias against white men (Reyna, Tucker, Korfmacher, & Henry, 2005).
As far as morality and justice are concerned, if a school or business or government declines to practice affirmative action, that’s okay” – says the
The freedom of speech is one of the most important rights an individual has. The freedom of speech gives us the right to share our opinions and thoughts without the fear of being retaliated against and oppressed. Lately this freedom of speech seems to be greatly limited. It is seen as a verbal attack now if you say something that may go against popular opinion or may offend someone. This subject is tackled in John Stossel's "Censored in America" Fox News hour.
Throughout many of the affirmative action legal cases, one of the main arguments from proponents is that it is necessary in order to right the wrongs of past racial discrimination. Some say that affirmative action is justified because even though white applicants may be more qualified, this is only because they did not face the same hardships as their minority counterparts (Rachels, Ethics, 1973). Many argue if we do not integrate disadvantaged minorities into mainstream social institutions, they will continue to suffer the discrimination that has plagued our country for centuries and that this is detrimental to not only the minorities but also society as a whole (Anderson, 2002, 1270–71). However, the debate has recently shifted to the benefits of diversity in the classroom which the Supreme Court has affirmed as being a positive thing
The real problem with affirmative action is that minority groups are being stigmatized and treated differently because their success could be deemed as unearned. Also universities are admitting minority students so their campus can be “diverse” but aren’t putting in the effort to make sure these students are actually succeeding in college and graduating. Universities are admitting students who are not prepared for college, therefore the same students that just got admitted are not graduating. For example, 41% of Hispanics and 42% of blacks are required to take a remedial Math or English before entering a college level coarse compared to 30% of white student. The average college graduation rate for a blacks is 39.7% and the average rate for
As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.