Right to Privacy, 1st Amendment the Parameters Term Paper

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Right to Privacy, 1st Amendment

The parameters of one's right to privacy have long been a subject of controversy and while the Constitution does not expressly guarantee one's right to privacy, there are several amendments that were designed to protect specific, private rights of citizens. One of the amendments that seek to protect the private rights of citizens is the First Amendment. However, controversies have arisen that have required the Supreme Court to impose limitations on an individual who is exercising his or her rights under 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" (U.S. Const. amend. I). As stated in the First Amendment, one is given the freedom of speech, but one cannot abuse that right. In the 1919 case, Schenck v. United States in which it was concluded that the defendant did not have a First Amendment right to speak out against the draft during World War I, Justice Oliver Wendell Holmes helped to establish a "clear and present danger test" to determine whether certain speech was protected under the First Amendment.

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"During wartime, the defendants mailed to new recruits and enlisted men leaflets that compared military conscription to involuntary servitude and urged them to assert their constitutional rights" (Notable First Amendment Court Cases, 2012). The Supreme Court found that the defendants were conspiring to violate federal statutes and incite insubordination and interfere with recruitment and enlistment. The court held that during wartime, greater restrictions could be imposed on speech.

The freedoms protected under the First Amendment have also made an impact in the educational realm. For instance, the 1949 Supreme Court case, Rosenberg v. Board of Education of City of New York, determined that the board of education did not have the right to ban Oliver Twist and The Merchant of Venice on the grounds that the works were "objectionable because they tend to….....

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"Right To Privacy 1st Amendment The Parameters" (2012, July 07) Retrieved May 3, 2024, from
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