Question

Do you think that the drafters of the U.S. Constitution could have anticipated First Amendment in the Workplace (freedom of speech) , and what do you think this suggests about strict vs. loose constructionism with respect to interpretations of Constitutional provisions?

Answer 1

The First Amendment to the United States Constitution does not allow the government to enact laws governing religion, prohibit the practice of religion, or restrict the freedom of expression, the freedom of the press, the right to peaceful assembly, or the right to petition the government to resolve complaints. It was adopted on December 15, 1791, one of the 10 amendments representing the Bill of Rights.

The Bill of Rights was originally proposed to promote anti-federalism to constitutional ratification. Initially, the First Amendment only applies to laws passed by Congress, and many of the provisions are more closely interpreted than current ones. Starting from Gitlow v. New York, the Supreme Court applied the First Amendment to indicate the process known as incorporation through the Due Process Clause of the Fourteenth Amendment.

In Everson's case against the Board of Education, the court relied on Thomas Jefferson's response to call for a "wall of separation between church and state," even though the boundaries of that division were still controversial. The right to free speech has been greatly expanded in court decisions from the 20th and 21st centuries, protecting various forms of political speech, financial anonymity, pornographic campaigns and school speeches. These decisions also introduced a series of exceptions to the protection of the First Amendment. The Supreme Court overturned the English common law to increase the burden of proof for defamation and defamation cases, especially in the New York Times. Against Sullivan. However, business discourse is less protected by the First Amendment than political speech, and therefore is subject to greater regulation.

Free press clauses prevent the publication of news and comments and apply to many media. In the Middle East - Minnesota (1931) and the New York Times in the United States (1971), the Supreme Court ruled that the First Amendment was protected against censorship in almost all cases. Complaint protects the right of petitioning all branches and government agencies to take action. In addition to the right of assembly guaranteed by this sentence, the court also stated that the amendment fully protected freedom of association.