The Six Clauses and Bedrock Principles seen Today

 

When we think about the first amendment of the constitution of the United States the first thing to (usually) pop up is “freedom of speech”. There are six clauses within the first amendment and so much more than these clauses that are applied. The six clauses or freedoms are freedom of religion, from religion, assembly, press, speech, and petition for address of grievances. In addition to these freedoms there are three bedrock principles that lay down the fundamental ideas of the clauses.

The Three Bedrock Principles:

1) First amendment protection is not absolute.

2) First Amendment protection is not a shield against laws of general applicability

3) Freedom of the press is a “fundamental right” not an institutional one.

These three principles are found in many media sources today and I want to outline how they are seen in today’s news! This article represents how speech and action may be inciting violence and how the first amendment may come into play.

1) First amendment protection is not absolute.

https://thehill.com/homenews/senate/538246-trumps-alleged-incitement-brings-first-amendment-into-focus?rl=1

This article published by John Kruzel focuses on Trump’s Incitement and how the first amendment was brought into focus. Kruzel writes, “In a legal trial, the line between protected speech and unprotected incitement hinges on three elements: intent, plus the immediacy and likelihood of lawlessness.” It is important to think about this principal in terms of protected speech and how it is seen in the media in the past and today.

When I think of the first principle of how the first amendment protection is not absolute I think of examples such as shouting fire in a theater or directly threatening the president. This example and many others like it are read daily and it is important to analyze it with a first amendment lens.

Find out more info below:

https://thehill.com/homenews/senate/538246-trumps-alleged-incitement-brings-first-amendment-into-focus?rl=1