Wednesday, September 14, 2016

For America! Lessons the First Amendment Teaches All of Us


I can go all week talking about the First Amendment but many of you would simply parse through the parts you want to hear and remain butt hurt over the rest.
The First Amendment as adopted in 1791 reads as follows:

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.
 

You just read that the First Amendment allows for the freedoms of religion, speech, the press, the ability to peacefully assemble, and petitioning for a governmental redress of grievances. Those are the basic rights we all inherit as Americans even if said freedoms have trickled down the spigots of equality like water dripping from our faucets in the dead of winter. It was adopted on December 15, 1791 as one of the ten amendments that constitute the Bill of Rights originally applying to laws enacted by Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Court applied the First Amendment to state issues – a process known as incorporation – through the Due Process Clause of the Fourteenth Amendment.

So what does that really cover in our times? More than you think. Read the five points below to understand its reach and limitations:

Establishment of religion

The United States of America is not solely a Christian nation. Although three out of four of us proclaim the title (living it is an entirely different beast, which I’ll delve into some other time), neither the individual states nor the Federal government can set up a church or pass laws that benefit one religion over another. For example, private schools such as Pulaski Academy and Episcopal cannot use public funds from the Little Rock School District to pay for transportation (read: busing) while its charters limit the student type or necessitate a financial need greater than necessary. Understand that the real reason why Puritans came over from England was to escape having to live under the state-led Church of England so they could practice their religion freely; taxation came later. This portion of the First Amendment was intended by President Jefferson as a “wall between church and state” that must be kept high and impenetrable, not allowing for even the slightest breach.

Ask how that is going for the Republican-led state Legislatures in Oklahoma and Arkansas as both groups attempt to place religious monuments on federal lands.

Freedom of religion

This also allows for Peter Griffin to establish the Church of the Fonz as he did in this Family Guy episode.

The freedom of religion allows for the freedom to hold an opinion or belief, but not to take action in violation of social duties or subversive to good order; however, it does not permit an anything goes approach such as human sacrifice. Ruling otherwise would mean that the profession of our faiths is greater than the law of the land and in effect permit every citizen to become a law unto himself meaning government would exist in name only. While the right to have religious beliefs is absolute, the freedom to act on such beliefs is not absolute. It also brings the blue laws into question – for the unaware, blue laws restrict the sales of intoxicating liquors on Sundays in many states to only restaurants and even then, only by the drink. They – and the religious leaders/lobbyists - are also the reason why the liquor and beer stores are closed on the first day of the calendar week.

Freedom of speech and of the press

This is where we are today:  dissecting these seven words and in some cases, twisting them around to fit our narratives. Even if we disagree with the comments and manner of expression, it is within our basic fundamental rights as American citizens to freely share how we feel. Saying or doing whatever we want does not necessarily exempt us from criticism nor does it excuse us from being idiots. For example, yelling “Fire!” or “Gun!” in a movie theater is a really stupid thing to do and is a very dangerous exclamation in a crowded room with one, two (or more, depending on the theater) exits due to the fact that someone could be trampled on the way out. What if it a false alarm? The First Amendment does not cover its protection as it was used to incite a violent reaction.

In the case of San Francisco 49ers quarterback Colin Kaepernick sitting through the national anthem due to the mistreatment of black people by law enforcement and other institutions, he is acting according to the letter of the amendment. The people who take issue with that are the same ones who often advocate for a limited government as in justice for Just Us; the so-called overtaxed who unwittingly do not realize the top taxation rates today are a fraction of what they were when (to rose-colored glasses wearing conservatives, 1957) America was its greatest before the Civil Rights Movement, Vietnam, etc.; war hawks who manufacture conflict in strange places and within our own cities and suburbs to line their pockets with profits bought by the lives of our young men and women who are paying with their lives. Let us not forget there are pockets of people who still think black people should only count as three-fifths of a person and the best place for women is at home seen and not heard.


Welcome to an America where an elderly black man is still called “boy” and an actual teenager is a “man” on the football field as he stiff-arms defenders en route to the end zone or eludes sacks for a first down.

Welcome to an America where Donald Trump can tell people that America is not great to cheers but when Colin Kaepernick makes a similar sentiment the boo birds fly in to poop on him.


Welcome to an America where Black Lives Matter is considered a terrorist group yet the Klan still exists in our schools, police departments, businesses, city council and school board meetings, hospitals, and churches without people batting an eye.
Welcome to an America where my goddaughter is considered an adult at age ten (to some people) and thirty-year-old Ryan Lochte is still a kid to the same folks.

I ain’t done yet. As a matter of fact, I’m just getting started.

Freedom of speech also covers political speech even as the state of Arkansas has historically tampered with the NAACP suppressing its members identifying them publicly despite the White Citizens Council roster of the day remaining anonymous. It also covers campaign finance (Citizens United v. Federal Election Commission, 2010); flag desecration; falsifying military awards; commercial speech; school speech (antiwar protests at Kent State); obscenity (2 Live Crew); libel and slander; memoirs of convicted criminals; and private action.

Freedom of the press

The free speech and free press clauses have been interpreted to include writers and speakers except for wireless broadcasting which had been given less constitutional protection. The Free Press Clause protects the right of individuals to freely express themselves through publication and dissemination of information, ideas, and opinions without interference, constraint or prosecution by the government. This right has been extended to the media including newspapers, video games, books, plays and movies; as for bloggers (me) and other social media journalists, we do not have the same protection yet our words are equally protected by the Free Speech Clause and the Free Press Clause because both clauses do not distinguish between media business and nonprofessional speakers. This is further shown by the Supreme Court consistently refusing to recognize the First Amendment as providing greater protections to the established media than to other speakers:  in other words, journalists are being held more accountable for their words and locations than ever.

 Freedom to petition and assemble peacefully

The Petition Clause protects the right “to petition the government for a redress of grievances”. People do have the right to communicate with government officials via lobbying and petitioning the courts by filing lawsuits with a legal basis. It is also one of those freedoms the privileged tend to have a problem with particularly when the disaffected is clamoring for a right (women’s suffrage, black equality, the LGBTQ movement) such as the rights to vote and marry whomever they choose simply because being fair is seen as discriminatory to them. The right of access to the courts is extended to all three branches of the government – Congress, the executive, and the judiciary – as well as states through incorporation. In addition, the Supreme Court construes “redress of grievances” broadly:  not solely for the public to tie up the courts in non-frivolous lawsuits but also to protect private interests seeking personal gain. Pay-to-play litigation is the name of the game at this level.

On a more localized level, we are protected by this clause to express our interests, hopes, and desires to our leaders in order for them to be heard publicly hence the town halls.

As Americans, we also have the right to assemble peacefully although for many of my ancestors and contemporaries that has not always been the case. Not too long ago, the general perception of seeing three or more brothers in the South standing around in conversation was they were troublemakers planning a revolt or assaulting someone. Just because someone is an endorser of Black Lives Matter does not mean that he or she wishes that to become public information as the membership, involvement or support is an essential part of his or her freedom.

The First Amendment affords us a categorized list of inalienable freedoms protected for all Americans to express ourselves without retribution in theory; in practice, this country does have a mixed record of that at best. When speaking out or standing up to protest an injustice, it covers our best intentions to make our nation a greater place to live every day by addressing and rectifying discrepancies. However, it does not give us the okay to be idiots regarding the way we resolve our disagreements – in this day of social media and the quick sound bite, we are prone to the worst of our thoughts, minds, and keystrokes. 
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