America's Constitutional Democracy and its Dependance on the First Amendment

 America's Constitutional Democracy and its Dependance on the First Amendment

    On June 21, 1788 the United States Constitution was ratified, this created the official framework for the workings of our government. The Constitution provided a means of national law. It set boundaries and guidelines to which the entirety of the country would proceed to follow. Over time, the Constitution has been revised and edited 27 times to better suit the needs of the people within the United States of America. The first revision to the Constitution has fostered grounds for America to carry out democracy in its truest form. 

    The First Constitutional Amendment ignited the ability to speak freely, in addition to granting the people freedom of the press, freedom of religion, and the rights to peaceably assemble as well as petition the government when applicable. The basis of a democracy stands on individuals and laws elected by citizens within the country. Without the abilities granted by the First Amendment, the country would be unable to run as a true democracy. The power permitted to us, through the First Amendment allows the people to decide what truly fits our nation the best. If the people were unable to voice their opinions, the democracy would not be true and representative. 

    During the Civil Rights Era, the power of the First Amendment was frequently put into play by many prominent people and groups. The abilities of the First Amendment were instated in both positive and negative manners during this time period. In some ways, it was used to push for equality and tolerance but in other instances it was used to do the exact opposite. While many people frown upon the idea of expressing ideas that are detrimental to certain groups, it is still often protected under the First Amendment.

    Frequently, laws and amendments are brought to fruition through issues which arise in our society. The problems make their way through the court system, potentially reaching the Supreme Court, whom may decide that further action needs to be taken to prevent the same dilemma as the one presented to them. For example, Brown vs. The Board of Education is a landmark case in our nations history. This case changed the fate of the nation by ruling segregation in schools as unconstitutional, as well as striking down the "Separate but Equal" doctrine. The problem was not seen by government officials, it was seen by average citizens who had the courage and the rights instated by the First Amendment to bring the problem to justice. 

    Dr. Martin Luther King Jr. is a prime example of someone utilizing the power within the First Amendment. He employed his First Amendment rights through worshiping, writing, petitioning, and assembling in a peaceful manner with the intention of creating equality for all men and women across the country. He spoke out about uncomfortable issues within our society; racism, socioeconomic disadvantages, and human rights. Without the First Amendment, Dr. Martin Luther King Jr. would have been unable to discuss, protest, and preach against laws and practices he deemed unacceptable. This power held within himself due to the First Amendment caused society to make leaps and bounds in both the justice system as well as individual perspectives regarding minorities in America. 

    While the First Amendment led to extraordinary positives especially during the Civil Rights Era, it also allowed for painful negatives to be brought about. For instance, the Ku Klux Klan on many occasions has been in question for their usage of the First Amendment, including both verbal and physical actions taken to deter the progression of equality in America. Although unpopular, many forms of speech and actions taken by the KKK have been deemed constitutional. In 1969, Clarance Brandenburg, a member of the KKK allowed for filmmakers to record Klan rallies for a documentary focusing on provocative speeches. Brandenburg was arrested under an Ohio law forbidding the public advocacy for violence. Forms of speech that motivate violence and the possibility of harm are not protected by the First Amendment. On the other hand, in a 1992 case involving Capitol Square Review Board vs. Pinette, actions taken by the KKK are protected due to the lack of incitement. The Capitol Square Review Board vs. Pinette case involved the placement of a cross on the Ohio state-house plaza. Justice Antonin Scalia concluded that "The display was private religious speech that is as fully protected under the Free Speech Clause as secular private expression." While these decisions may be controversial, it is simply part of the way the First Amendment is structured and provides freedoms for all opinions. 

    On a more positive note, another progression granted by the First Amendment was the Montgomery Bus Boycott initiated due to Rosa Parks refusal to move to the back of the bus for a white patron to take her seat. This form of speech is referred to as expressive action - one which embodies a thought of feeling through the usage of actions rather than words. The Montgomery Bus Boycott was an example of the First Amendment in one of its truest forms. This was a civil rights protest in which African Americans refused to partake in using city busses as forms of transportation. The message being conveyed through the expressive action was that segregated seating on city transportation was unacceptable. This protest led to the Supreme Court ordering Montgomery, Alabama to desegregate their transportation system. 

    In prominent instances such as those previously listed, it proves that the constitutional democracy is heavily dependent upon the First Amendment. Laws, amendments, and civil guidelines are formed on the basis of public power. Without the people and their ability to speak on what matters to them, our government would not be a democracy. Without the power to change laws, protest, and speak out in all forms, we would ultimately see no change. Through the usage of the First Amendment, especially in times such as the Civil Rights Era, American citizens were able to create change, and see their work and wishes come to fruition through the work of no other than themselves.