Chicago Sun-Times
Taking freedom for granted: Celebrating the Constitution of the United States
Author(s): Nicole Parker Special to the Chicago Sun-Times Date: September 13, 2007 Page: 44 Section: Features
"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." -- First Amendment to the Constitution of the United States of America.
Can you name at least two of the family members on "The Simpsons"? Do you feel as confident about naming the five freedoms granted by the First Amendment? According to a study conducted by The McCormick Tribune Freedom Museum, only one in four Americans is able to name more than one of the freedoms stated in the First Amendment of the United States Constitution. However, more than half can name at least two of the family members on "The Simpsons."
As much as we may take these five freedoms for granted, they are at the core of almost every struggle for social justice: civil rights, a woman's right to vote and the abolition of slavery, among many others. The John S. and James L. Knight Foundation found that 75 percent of high school students believe that it is illegal to burn the flag, or that government can censor the Internet. Another study, which was conducted in 2000 by the First Amendment Center at Vanderbilt University, found that two-thirds of American adults favor the banning of hate speech, but as center director Ken Paulson states, "The problem with 'hate speech' is it's so easy to characterize what someone else says that offends you as 'hate speech.' "
The Constitution was outlined in less than 100 working days and has 4,400 words, penned by Jacob Shallus for a fee of $30 (about $325 today). The word "democracy" is not used once in the entire document. The Constitution is kept at the National Archives Building in Washington, D.C., where pages one and four are displayed in a bullet-proof case that contains helium and water vapor to preserve the document. Sept. 17th is the anniversary of the day the framers signed the Constitution. Each year on this date, the entire Constitution is displayed.
There were 55 delegates selected to attend the Constitutional Convention. However, only 41 were present to sign the document in Philadelphia on September 17, 1787. Benjamin Franklin was the oldest person to sign at age 81, and needed help signing his name due to his poor health. The youngest person to sign was Jonathan Dayton of New Jersey, at age 26.
The 45 words stated in the First Amendment have not changed since Dec. 15, 1791, when they were first drafted as the Bill of Rights. The five freedoms identified in the First Amendment; religion, speech, press, the right to assemble and the right to petition the government, are often taken for granted in this country. Americans, however, exercise these freedoms in everyday life. Our right to print and your right to read this newspaper is a living example of the First Amendment in action each day in this country. Thomas Jefferson once said, "Our liberty depends on the freedom of the press, and that cannot be limited without being lost."
Source: constitutionfacts.com
FIRST AMENDMENT QUIZ
1. Which of the following is not a right protected by the First Amendment?
a. Assembly
b. Religion
c. Privacy
d. Speech
2. Are there some student extracurricular groups the school may exclude? a. Yes b. No
3. Is it the Supreme Court, not Congress, that ultimately determines what rights are protected by the First Amendment? a. Yes b. No
4. In America, does the media need to get permission from the government before it publishes critical articles? a. Yes b. No
5. Do Americans have the right to burn the American flag as a means of political protest? a. Yes b. No
6. Does the government have the right to restrict indecent material on the Internet? a. Yes b. No
7. Does someone have the right to shout "FIRE" in a public place as a prank? a. Yes b. No
8. Do the federal courts have the right to send reporters to jail for refusing to reveal a news source? a. Yes b. No
Source: John S. and James L. Knight Foundation
DID YOU KNOW?
- Pennsylvania is misspelled above the signers' names on the Constitution.
- There were only two U.S. presidents who signed the Constitution: George Washington and James Madison.
- There were three people at the convention who did not sign the Constitution: Gov. Edmund Randolph of Virginia, George Mason of Virginia and Elbridge Gerry of Massachusetts.
- At the time the Constitution was ratified, Virginia was the most populated state; today it is California.
- Georgia, Massachusetts, and Connecticut did not ratify the Bill of Rights until 1939.
Source: U.S. Constitution.net
FREEDOM OF SPEECH -- FREE TO SAY WHAT'S ON OUR MIND?
Freedom of speech -- what exactly does this mean?
Does the First Amendment mean anyone can say anything at any time? No. Because the First Amendment has such strong language, we begin with the presumption that speech is protected. The First Amendment prevents "government" censorship of opinions and exchange of ideas.
Over the years, the courts have decided that a few other public interests -- for example, national security, justice or personal safety -- override freedom of speech. There are no simple rules for determining when speech should be limited, but there are some general tests that help, for example:
- Will this act of speech create a dangerous situation? The First Amendment does not protect statements that are uttered to provoke violence or incite illegal action. Another example where freedom of speech does not apply is yelling, "Fire!" in public as a prank.
- Was something said face-to-face that would incite immediate violence? The Supreme Court stated that the "English language has a number of words and expressions which by general consent are 'fighting words' when said without a disarming smile -- such words, as ordinary men know, are likely to cause a fight." These 'fighting words,' which include profanity, obscenity and threats specifically said to incite immediate violence, are not protected under the First Amendment and freedom of speech.
The controversy around violent rap lyrics and video game violence challenges the expression of freedom of speech. The expression of violence can be considered incitement to crime, which is not protected under this freedom. However, it is difficult to prove whether it is the lyrics or violence that causes someone to commit a crime.
- Was the statement false, or put in a context that makes true statements misleading? A person does not have a constitutional right to tell lies that damage or defame the reputation of a person or organization.
- Does the speech conflict with other compelling interests? For example, in times of war, there may be reasons to restrict First Amendment rights because of conflicts with national security.
Source: www.freedomforum.org
ACTIVITIES
- Look through your copy of the Sun-Times for three quotes in the newspaper which demonstrate the use of freedom of speech. Who is quoted and why?
- Think of a song which, in your opinion, contains "fighting words" or violent lyrics. Rewrite the song using "non-violent" lyrics.
- Find the definitions of the following words: disarming, defame, compelling, context, incite and presumption.
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