Wednesday, July 31, 2013

The Bill of Rights & Amendment to the Constitution - First Amendment

This topic has come about because lately I've heard a few of these used, and some mentioned by people from other countries, and I'm not sure many people *really* know what the Bill of Rights or amendments to the Constitution are, and what these mean for life here, so I thought it was a good topic for a blog.

We get enough American TV in Australia (and other countries) that I'm sure all of us have heard some of the amendments for the Constitution already: Freedom of Speech, Freedom of the Press, "I plead the 5th" etc, but what do these really mean?

Well firstly, the Constitution is the law of the land in the United States. Every rule eventually leads back to the Constitution and people take the Constitution, and the rights it conveys, very seriously (as they should). There are 27 amendments to the Constitution and the first 10 are referred to as the Bill of Rights. Because there are so many amendments, and because they're not just small phrases, it's not as simple as just listing all 27 rights so here's the Wiki article for those interested: https://en.wikipedia.org/wiki/United_States_Constitution#The_Amendments but in short, amendments to the Constitution, such as the Bill of Rights, explains some freedoms not fully explained out in the Constitution.

The First Amendment is the one I wanted to talk about for this post. The First Amendment deals with "individual rights" such as (the titles are hyperlinks to Wiki articles for more information):
  1. Freedom of Religion - the right to practice any religion, or none at all
  2. Freedom of Speech -  the right to communicate opinions and ideas using one's body and property to anyone who is willing to receive them
  3. Freedom of the Press - the freedom of communication and expression through mediums including various electronic media and published materials.
  4. Freedom of Assembly - the individual right to come together and collectively express, promote, pursue and defend common interests
  5. Freedom of Petition - the right of the people...to petition the Government for a redress of grievances
Contrary to popular belief, Freedom of Speech doesn't mean you can say anything you want and there should be no consequences. That is an extremely popular misunderstanding of what it really means and you will read it anywhere someone is fired for posting stuff about work, or posting public opinion being held against them at work, or people being sued. People crying out that they shouldn't be fired/sued/held accountable because it's "Freedom of Speech".

As you can see from the explanation, the term "to anyone who is willing to receive them" is extremely important. There are limitations, such as: defamation (saying something false to damage someone's character), or libel (accusing someone of something they didn't do), racist remarks or copyright violations.

Likewise, with "Freedom of the Press" it doesn't mean they can say whatever they want either. Certain information such as private/classified information is off the cards.

Basically, these rights are here, these freedoms are here, but all with moderation and respect.

Wiki about the Bill of Rights: https://en.wikipedia.org/wiki/United_States_Bill_of_Rights
Wiki about the Constitution:  https://en.wikipedia.org/wiki/United_States_Constitution