Recent assaults on the First Amendment in the United States demonstrate that failing to defend these rights directly threatens our basic freedoms. Defending the First Amendment is vital because it safeguards our ability to speak, write, and believe openly in America, preserving the foundation of a free society and democracy.
What is the First Amendment?
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.” In practice, this allows anyone in the United States to practice any religion without government interference. It also guarantees freedom of speech. This ensures that individuals can express their opinions and ideas without facing government punishment or interference.
The First Amendment of the U.S. Constitution was ratified on Dec 15, 1791.
According to the Colorado State University System, “Constitutional amendments, such as the First Amendment, create fundamental rights in the people while, at the same time, placing limits on the power of the government. Thus, the First Amendment exists so that the government cannot dictate nor censor the speech of individuals.”
Violations of the First Amendment
Recent incidents reveal how First Amendment safeguards can erode, endangering the foundation of our liberties. These actions demonstrate why vigorous defense of free expression is necessary for everyone, not just the most accepted voices. The actions can include news censorship, protest suppression, and punishments for speech.
There are some popular court cases involving what the court considered to be violations of a person’s First Amendment rights. Some of these court cases are “Tinker v. Des Moines Independent Community School District, 1969,” “Cantwell v. Connecticut, 1940“, and “Edwards v. South Carolina, 1963.”
Although previous Presidents like Theodore Roosevelt and Woodrow Wilson had issues with the First Amendment, Trump’s “wave of executive orders issued during the president’s first 100 days in office includes more than 20 orders threatening the First Amendment rights of law firms, universities, political enemies, scientists, museums, libraries, and broadcasters. The executive orders have been challenged in 30 lawsuits (and counting) – many successfully, at least in the early stages” according to The First Amendment Watch at NYU.
The most popular thing currently being done with the First Amendment is the cancellation of “Jimmy Kimmel Live!.” According to the BBC, “In a monologue at the time, the comedian said President Trump and his allies were ‘desperately trying to characterize this kid who murdered Charlie Kirk as anything other than one of them’ and trying to ‘score political points from it.’ He also likened Trump’s reaction to Kirk’s death to ‘how a four-year-old mourns a goldfish.’”
Even though some people think that what Kimmel said was rude, others do not think it is a big deal and the First Amendment protects him to say it without consequences.
In 2019, the Federal Communications Commission (FCC) chair Brendan Carr noted in a social media post that “the FCC does not have a roving mandate to police speech in the name of the ‘public interest.’” However, after the Kimmel incident Carr stated, that broadcasters “have a license granted by us at the FCC, and that comes with it an obligation to operate in the public interest.” With conflicting statements by Carr, its no wonder there is a heated debate on the correct coarse of action. To clarify, the FCC regulates nationwide radio and broadcast stations but does not issue licenses to national television networks like ABC, NBC, Fox or CBS. They only issue licenses to “individual local broadcast affiliates authorizing the stations to use public airwaves” according to an article in USA Today.
A Journalist’s Opinion
Senior at Colonia High School, author and Journalist Sophia Vitale says that she thinks the First Amendment is important to have. “It’s important because, as a writer and journalist without the First Amendment, we wouldn’t be able to spread the truth. We need the truth because, without it, misinformation would circulate among the people, making it impossible to distinguish what’s real from what isn’t. Freedom of speech allows not just me but everybody to have an opinion and not be harmed because of it.”
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