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Reflections on the First Amendment

Kim Eschler

HIS301

July 7, 2011

Michael Elderedge

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Reflections on the First Amendment

The first amendment to the United States Constitution states that no law can be

made to create a national religion, or imped the free practice of any or no religion. It also

states that no one can infringe on the freedom of speech, freedom of press, and that no

one can interfere with the right to peaceably assemble. This paper will cover the rights

of privacy the first amendment protects, why so many cases need to be interpreted by

the Supreme Court, and how those decisions made by the Supreme Court affect the

rights of Americans today.

Rights of Privacy.

The United States Constitution was written to be an instruction guide for what

America’s government can do, not what the American citizens can do. The Constitution

does not clearly express any right to privacy. The first 10 amendments, known as the

Bill of the Rights, reflects the concerns brought up during the ratification process of the

Constitution, specifically reflected the rights and privileges of the American citizen.

Amendment rights are not always protected. The notable court case of Garcetti v.

Ceballos questioned the privacy of an employee, in which the Supreme Court decided

“When public employees make statements pursuant to their official duties, they are not

speaking as citizens for First Amendment purposes, and the Constitution does not

insulate their communications from employer discipline” (Garcettu v. Ceballos, 2006).

It is clear from the Constitution that the Post Office was established to keep

correspondence private and not to be opened by anyone except the recipient, but the

envisioned right to privacy is still very debatable. In the fourth amendment citizens are

protected from any reasonable searches and seizers, but in recent years airport scans,

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wiretapping, and many other means to protect American citizens are put to the test of

what is the right of privacy.

Supreme Court.

The Constitution’s Article III established the federal judiciary that would serve as

a check of power to the executive and legislature but also as a national institution that

could settle disputes among states and try to unify the laws of America. The Supreme

Court’s most important power was not part of the Constitution. In the case Marbury v.

Madison in 1803 where Chief Justice, and Federalist, John Marshall set the precedence

for the Supreme Courts power of judicial review. Judicial review gave the Court the right

to review and take action against any legislation; local, state, or federal, and deem it

unconstitutional.

Congress later created the lower courts to ease the burden of the Supreme

Court. The lower courts consist of the United States District Court, the United States

Court of Appeals. With only a fraction of cases heard by the Supreme Court these lower

courts have tremendous power over how laws are interpreted. The Supreme Court

clears up matters where the lower courts cannot agree or by exhausting the lower

court’s rulings.

The Supreme Court changes with the American people. New appointments to the

Court by new presidents and the temperament of the American public make a difference

in how the Constitution is interpreted. The Supreme Court has reversed or drastically

changed around 40 cases in its history.

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Rights of citizens.

When the Supreme Court hears a case and makes their ruling, a precedent is

set. The Court works toward a balance of the rights of the individual and the needs of

society at large. When the Court issues a ruling the rights of all American citizens are

changed or clarified. These rulings also affect all courts, previously laws passed, and

being create.

The most recent ruling from the Supreme Court is met with mix emotions. For six

years the various states have tried to put laws into effect regarding violent video games,

and each time these have been taken to court, they have lost. June 27, 2011, the

Supreme Court ruled in agreement with the lower courts that such laws are

unconstitutional restrictions on the first amendment. “If there were a longstanding

tradition in this county of specially restricting children’s access to depictions of violence,

but there is none” (Justice Alito, 2011). This ruling is upsetting to those that feel these

types of games should not be marketed to children, but precedence has been set and a

fair ruling was made.

Conclusion

Article III of the United States Constitution established the judicial branch of

government. The Supreme Court is to protect the unity of laws within the states and be

a check and balance for the executive and legislative branch. In 1803 the Court was

given their biggest and most important job; judicial review. The Supreme Court is to

protect the Constitution and be the primary defenders for interpreting the rights intended

by the Framers. The first amendment protects the rights of the average American citizen

regarding religion, press, speech, and assembles. It is the Supreme Court’s job to make

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the hard choices of what is right and fair by what is outlined in the Constitution and

additional amendments. Once the Court rules on a matter, the American people have

consistency and precedence for which to help America grow.

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References

Cornell University Law School (2006). Garvetti v. Ceballos (No. 04-473). Retrieved on

July 2, 2001 from http://www.law.cornell.edu/supct/html/04-473.ZS.html.

Cushman, R. (1936) The Supreme Court and the Constitution. Retrieved on June 27,

2011 from http://newdeal.feri.org/court/cushman.htm.

Masnick, M. (2011) Supreme Court Says Anti-Violent Video Game Law Violated the

First Amendment. Retrieved on June 27, 2011 from www.techdirt.com

articles/20110627/11000414873/supreme-court-says-anti-violent-video-game-

law-violates-first-amendment.shtml

US Constitution.net (2011) The United States Constitution. Retrieved on June 26, 2011

from http://www.usconstitution.net/const.html#Preamble.

UMKC School of Law (2011) The Right of Privacy. Retrieved on June 27, 2011 from

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html