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Know Your Rights: The First Amendment
by Chris Hayhurst, 04.15.05
"It's what makes American society unique." |
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In 1969, during the height of the Vietnam War, a group of high school students in Des Moines, IA, wore black armbands to class to protest the war. School administrators suspended them, but the students fought back. In defense of what they held to be their constitutional right to free speech — a right guaranteed by the First Amendment — the students filed suit against the school. Arguing the armbands were merely a means for them to express their views, they took the case all the way to the U.S. Supreme Court. And they won.
History 101
It's not exactly easy reading, but the First Amendment — the very first official addition to the original U.S. Constitution — goes like this:
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 is part of what we now know as the "Bill of Rights." It was adopted in 1791 to meet the criticism of certain members of government who would not support the Constitution if it didn't include a detailed list of the fundamental rights of all citizens.
Today, more than 200 years after it was written, the First Amendment gets a lot of attention — and stirs a lot of nerves. Its meaning is constantly debated, and its words interpreted differently by different people. What does "freedom of speech," for example, really mean? Can people say anything they like, wherever and whenever they want, even if others might not want to hear it? Or are there limits to such freedom?
Survey Says...
The answer, it seems, depends on whom you ask. A 2004 survey by researchers at the University of Connecticut found that a third of all American high school students believe the First Amendment "goes too far" in the rights it guarantees. The study, which included the opinions of more than 100,000 teenagers, also found
- 36 percent of students believe newspapers should not publish certain stories without government approval
- 32 percent say the press has "too much" freedom
- 83 percent say people should be allowed to express unpopular views
It also found that many students incorrectly believe that flag burning is illegal and that the government can censor the Internet. Almost 75 percent of teens say they never even think about the First Amendment or its place in their life.
Gene Policinski, executive director of the Freedom Forum First Amendment Center — a group that fights for First Amendment rights — says the study shows that many Americans don't realize the power and importance of the First Amendment. "It's what makes American society unique," says Policinski, "because you can express yourself here, regardless of your point of view. We tend to take the First Amendment for granted and our freedoms for granted because they've always been here."
A New World
In a time when the thought of another terrorist attack on the United States keeps people up at night, the rights guaranteed by the First Amendment can seem rather minor, at least to some. "You can't have freedom of speech when terrorism is involved," says Karina, age 19. The government, she says, has to clamp down somewhere.
Others, though, think even in times of crisis it's important to honor our First Amendment rights. "Even if people have different opinions, no matter what they are, they should be allowed to express them," says Robert, age 16, who writes for his school paper. "Things would be boring without freedom of speech."
Robert knows, however, just how limited his own speech can be, especially at school. "We write stuff and submit it, and the editors reword it and chop it up and by the time they're done there's nothing left."
Get Involved
If you believe that First Amendment rights are something to stand up for, or if you just wonder what the First Amendment really has to do with anything, you do have options. "The quickest and most fulfilling way to get involved is through student media," says Policinski. Join your school paper, or join or start a school newsletter, television program, or radio station. "Whatever you do," says Policinski, "it will expose you to different points of view that aren't yours."
You can also join your student government and get involved in debates, discussions, and elections. If your school requires uniforms, for example, you can voice your opinion about that. "You can stand up and express your point of view," says Policinski. "And that's what freedom of speech is all about." |
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