Democracy and the 1st Amendment
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Democracy and the First Amendment
Democracy is a political system that limits the power of the government and expands the rights of the people. In a democratic nation, the people are allowed to choose their leaders who will govern according to the set laws. Democracy has come a long way in liberating the people giving them more rights and freedom. The First Amendment rights are one of the ten amendments constituted in the bill of rights passed in 1789 and ratified in 1791 by Congress. They protect fundamental rights including, freedom to religion, press, speech, assembly, among others.
First Amendment rights are essential in protecting and maintaining democracy in the United States. Because of them, Congress cannot make any laws abridging the freedom of speech and the press (Stein, 2006). It gives people the freedom to hold the government accountable and to be able to communicate their ideas through the media. This essay will discuss the impact of the First Amendment rights on advancing democracy with an emphasis on the freedom of speech and press. The First Amendment rights are engraved in the bill of rights, and the government cannot take them away. Free expression is fundamental to the democracy of American people (wells, 2003).
The First Amendment rights constitute of democratic rights, including free speech, press, freedom to assembly, and petition. The rights are independent, but they are also seen as rights of expression and collectively referred to as freedom of speech. From the 20th century, many people have challenged the government because they felt that it had violated these rights. For these reasons, many notable cases in the Supreme Court have become landmark cases giving more strength to the first Amendment rights. However, these rights are not absolute, and they are many restrictions attached to how they can enjoy them.
The freedom to speech is guaranteed in the First Amendment rights. All Americans have the right to express themselves without any fear and worry that the government is going to interfere with them. Bhagwat (2015), in his book, the Democratic First Amendment, refers to it as the center of the First Amendment. It covers speeches on science, religion, social issues, not limiting gossip, and even political statements. Free speech has evolved in America, and its protection as changed the norms of democracy (Stone & Bollinger (2018). In the early 1900s, a free address was protected from the government’s intervention until there was a clear danger. The government had to prove that the speech imposed threat; otherwise, the statement remained free.
Free speech was earned. In fact, in the 1950s, the government prosecuted citizens who were believed to have communist views. It made it difficult for a democracy to be realized. Around the 1960s, the position changed in a case between The New York Times and Sullivan. The court held ‘that a citizen cannot be sued for defamation or libel by a public official for falsehoods that the citizen may have expressed unless the public official can show the citizen made those false statements knowingly or in reckless disregard of the truth.’ The ruling was significant because it gave the citizen the right to criticize the government.
Freedom and jurisprudence of speech and press come from the case, and now democracy is upheld through the first Amendment. Freedom of speech also has its limitations. Harmful speech, for example, is not allowed. A person cannot make speeches that will cause harm to others. For instance, one cannot say that there is fire where there is no fire because it can cause distress and damage to others. Different speech has different amounts of freedom. Political speeches cannot be compared to financial statements and are all considered separate.
One may ask, how has the First Amendment rights on the freedom to speech affected democracy? Democracy has given the freedom of speech but also provide a broad restriction to the government from interference of expression of one’s idea. Its hands are tied unless the statement falls under the traditional first amendment exceptions. For instance, the government cannot stop racist speech, praise violence, or even communist speeches or impose taxes or fines against these kinds of expressions.
However, democracy helps its leaders to govern the citizens in a civilized manner. Through democracy, the government can control how speech is expressed. It can restrict the time, place, and way in which the statement is delivered. Some comments like child pornography may be limited by the government to protect the vulnerable. For the government to put this kind of restrictions, it must justify itself and must show that the speech will cause harm to it, and if not controlled, there will be undesired consequences.
The freedom of the press, on the other hand, is also recognized in the First Amendment. The United States celebrates the world press freedom day on three, which may affirm its importance in the bill of rights. The rights give liberty to broadcast and print information as a form of expression. For democracy to function correctly, a free press is necessary. Bollinger (2018), in the book Free Speech century, says that the meaning of free media to modern ideas and innovations. He states that freedom of expression is when the government does not interfere with speech.
Press freedom helps the citizens understand everything about the government and can discuss the issues without fear and intimidation. The government cannot restrict any kind of mass communication unless it is unprofessional. The media is allowed to broadcast its content without the interference and the control from the government. It is also free to criticize and gives its opinion on various issues that it feels like expressing.
Despite having the freedom of broadcasting and publication, they are a few exceptions. Defamatory expressions shall be punished in the court of law. These expressions can either be libel, meaning written or slander, meaning spoken. The press is not allowed to make errors of any kind. Some errors will be said to be negligent and will attract lawsuits. Opinions, however, are not seen as errors or unlawful. The press is an essential tool for the preservation of liberal democracy because it kept the people informed of misbehavior by government officials. The responsibility also permits it to respond to ideas through the democratic process.
The First Amendment rights have brought democracy to America and the whole world. Freedom to speech and press are now available for everyone to enjoy without government interference and fear. People can now express how they feel and can give their grievances in any way they choose. However, it is our responsibility to ensure that democracy has been upheld through the First Amendment rights effectively. First, as a good citizen, I will have to ensure that these freedoms are not misused or used to cause harm to other people. They should be used to unite and bring people together in order to archive great democracy. Secondly, the privilege is supposed to be used as a check and balance of the government. As a responsible citizen, it will be my responsibility to ensure that the government will provide its services without limiting any available resources.
The available platforms are also beneficial when it comes to pointing out the mistakes of the government. Lastly, I will use these freedoms to educate others on what the government is doing and other human rights. Democracy will be archived if the 1st amendment rights are used to safeguard the nation. The First Amendment’s freedom will protect it because its citizens will monitor the government.
References
Bhagwat, A. (2015). The Democratic First Amendment. Nw. UL, Rev., 110, 1097.
Stein, L. (2006). The First Amendment and Communication in Democratic Societies. In Speech Rights in America: The First Amendment, Democracy, and the Media (pp. 1-13). University of Illinois Press. Retrieved May 23, 2020, from www.jstor.org/stable/10.5406/j.ctt1xcr1d.4
Balkin, J. M. (2015). Cultural Democracy and the First Amendment. Nw. UL, Rev., 110, 1053.
Stone, G. R., & Bollinger, L. C. (Eds.). (2018). The Free Speech Century. Oxford University Press, USA.
Wells, C. E. (2003). Discussing the First Amendment.