From the beginning on Americans have proclaimed liberty, have fought wars in its name have evaluated events and institutions and politics in the light of liberty. They were convinced that they are free people and they always wanted to serve as a model for the rest of the world. Besides the Declaration of Independence, the Constitution, ratified on the 17th of September 1787, is the fundamental document that symbolizes this freedom and that serves as a legal basis of the juridical system of the United States. This original document does not include speech freedom and freedom of the press, which are two of the most important liberties a free nation should have. The Bill of Rights that includes these liberties was added later, as amendments to the original document.
However, the Constitution and its amendments serve as more or less strict guidelines, as the text is not unambiguous. It is difficult to interpret the twisted language of it and as I will show in this work, the opinions reach from one extreme to the other. Justices of the Supreme Court play a leading role in interpreting the Constitution, therefore a lot of juridical cases deal directly or indirectly with the interpretation of the Constitution and are a subject of this term paper.
In this term paper I am going to show how the original Constitution was finally ratified, and how difficult it is to change this document. The aim of the Framers was to make the changing of the Constitution as challenging as possible. The difficulty of the amendment process is explained with the help of an example; The Equal Rights Amendment. After discussing the basis of the amendment process I will analyze how freedom of speech and freedom of the press has been interpreted since the ratification of the Bill of Rights. I will explain that speech freedom does not mean unlimited freedom of speech, and will introduce cases that step by step show how complete freedom of speech was allowed or how for example the "clear and present danger test" and the "bad tendency test" limited it. Then I will go into further detail and examine cases that deal with slander, libel and obscenity, expressions that are not protected by the First Amendment.
Discussing the interpretation of Freedom of Speech is a wide topic and I was forced to leave out some aspects. Sedition, criminal conduct such as bribery, pre jury, or incitement to riot does not or only partly form part of this term paper.
Table of Contents
- 1. Introduction
- 2. The ratification of the Constitution
- 2.1 How the Constitution can be changed - the amendment process
- 2.1.1. ERA as an example for amending the Constitution
- 3. Freedom of speech and its limits
- 3.1. Cases dealing with freedom of speech
- 3.2. Slander and libel
- 3.2.1. Symbolic speech
- 3.3. Obscenity
- 3.3.1 Child audience
Objectives and Key Themes
This term paper examines the difficulty of amending the U.S. Constitution and analyzes the interpretation of freedom of speech and its limitations. It aims to demonstrate the challenges in altering the foundational document and explore how the courts have balanced individual liberties with societal interests.
- The amendment process of the U.S. Constitution and its inherent difficulties.
- The ratification of the Constitution and the role of the Bill of Rights.
- The interpretation of freedom of speech as enshrined in the First Amendment.
- Judicial cases that define the limits of free speech, including considerations of slander, libel, and obscenity.
- The historical context surrounding the development and evolution of free speech jurisprudence in the U.S.
Chapter Summaries
1. Introduction: This introductory chapter sets the stage by highlighting the central role of liberty in American history and the Constitution's significance as a foundational document. It emphasizes the ambiguities within the Constitution's text, leading to diverse interpretations, particularly concerning freedom of speech. The chapter outlines the paper's structure, focusing on the ratification process, the difficulty of amending the Constitution (using the Equal Rights Amendment as an example), and an analysis of freedom of speech cases and limitations.
2. The ratification of the Constitution: This chapter details the process of ratifying the U.S. Constitution, highlighting the significant resistance from several states. It describes the division between Federalists and Anti-Federalists, with the latter's key concern being the lack of a Bill of Rights. The chapter explains how the Constitution was eventually ratified, emphasizing the crucial role of promises to add a Bill of Rights to secure the support of hesitant states. It further explores the debate surrounding the absence of a Bill of Rights in the original Constitution, with varying historical interpretations offered.
Keywords
U.S. Constitution, Amendment Process, Freedom of Speech, First Amendment, Bill of Rights, Supreme Court, Judicial Interpretation, Equal Rights Amendment (ERA), Slander, Libel, Obscenity, Ratification Debate, Federalists, Anti-Federalists.
Frequently Asked Questions: A Comprehensive Language Preview
What is the main topic of this document?
This document provides a comprehensive preview of a term paper examining the challenges of amending the U.S. Constitution and analyzing the interpretation and limitations of freedom of speech in the United States. It covers the ratification process, the amendment process (using the ERA as an example), and key Supreme Court cases related to free speech.
What topics are covered in the Table of Contents?
The Table of Contents includes: an introduction; the ratification of the Constitution, including a detailed look at the amendment process and the Equal Rights Amendment as a case study; and freedom of speech and its limits, encompassing discussions on slander, libel, symbolic speech, obscenity, and the consideration of a child audience in obscenity cases.
What are the key objectives and themes of the term paper?
The paper aims to demonstrate the difficulties inherent in amending the U.S. Constitution and explores how courts balance individual liberties with societal interests. Key themes include the amendment process, the ratification of the Constitution and the Bill of Rights, the interpretation of freedom of speech under the First Amendment, relevant judicial cases defining free speech limits, and the historical context surrounding free speech jurisprudence in the U.S.
What are the chapter summaries?
The introduction sets the stage, highlighting the importance of liberty and the Constitution's ambiguities. Chapter two details the Constitution's ratification, focusing on the opposition, the role of the Bill of Rights, and the Federalist/Anti-Federalist debate. The document does not provide a summary for the chapter on Freedom of Speech and its limitations.
What keywords are associated with this document?
Keywords include: U.S. Constitution, Amendment Process, Freedom of Speech, First Amendment, Bill of Rights, Supreme Court, Judicial Interpretation, Equal Rights Amendment (ERA), Slander, Libel, Obscenity, Ratification Debate, Federalists, and Anti-Federalists.
What is the Equal Rights Amendment (ERA) and its relevance to this document?
The ERA serves as a case study within the document to illustrate the challenges and complexities involved in amending the U.S. Constitution. It highlights the difficulties of successfully navigating the amendment process.
How does this document relate to the U.S. Constitution?
This document extensively analyzes the U.S. Constitution, focusing on its ratification, the amendment process, and the interpretation of the First Amendment concerning freedom of speech. It examines the historical context and judicial interpretations surrounding these crucial aspects of American constitutional law.
What is the significance of the Bill of Rights in this context?
The Bill of Rights plays a crucial role, particularly concerning the debate surrounding the original ratification of the Constitution and its subsequent impact on the interpretation of freedom of speech and other fundamental rights. Its absence in the original Constitution fueled the opposition from Anti-Federalists.
What role does the Supreme Court play in this document?
The Supreme Court's role is central as its judicial interpretations of the Constitution, particularly the First Amendment regarding freedom of speech, are key to understanding the limits and scope of this fundamental right. The document likely analyzes relevant Supreme Court cases.
- Quote paper
- Renate Bagossy (Author), 2004, The Difficulty of the Amendment Process of the Constitution of the United States of America and Freedom of Speech and its limits, Munich, GRIN Verlag, https://www.grin.com/document/40948
