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First Amendment: Religion and ExpressionWhat is the First Amendment?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.The First Amendment Defined:The First Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.Stipulations of the 1st Amendment:The First Amendment to the United States Constitution prohibits the passing or creation of any law which establishes a religious body and directly impedes an individuals right to practice whichever religion they see fit.The First Amendment to the United States Constitution is a part of the Bill of Rights and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, the right peaceable assemble, the freedom of the press, or which prohibits the petitioning for a governmental evaluation of grievances.In its infancy, the First Amendment only applied to laws enacted by Congress; however, the following Gitlow v. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.The Establishment clause of the First Amendment is the primary pronouncement in the Amendment, stating that Congress cannot institute a law to establish a national religion for the preference of the U.S. government states that one religion does not favor another. As a result, the Establishment Clause effectively created a wall of separation between the church and state. How the First Amendment was created:When the original constitution was created there was significant opposition due to the lack of adequate guarantees for civil freedoms. To offer such liberties, the First Amendment (in addition to the rest of the Bill of Rights) was offered to the states for ratification on September 25, 1789 and later adopted on December 15, 1791.Court Cases tied into the 1st AmendmentIn Sherbert v. Verner, the Supreme Court applied the strict scrutiny standard of review to the Establishment Clause, ruling that a state must demonstrate an overwhelming interest in restricting religious activities.In Employment Division v Smith, the Supreme Court went away from this standard by permitting governmental actions that were neutral regarding religious choices.Debs v. United States on June 16, 1919 tested the limits of free speech in regards to the clear and present danger test.1st Amendment: Freedom of SpeechFreedom of speech in the United States is protected by the First Amendment and is re-established in the majority of state and federal laws. This particular clause typically protects and individuals right to partake in even distasteful rhetoric, such as racist or sexist comments and distasteful remarks towards public policy.Speech directed towards some subjects; however, such as child pornography or speech that incites an imminent threat, as well commercial forms of speech are regulated.State Timeline for Ratification of the Bill of RightsNew Jersey:November 20, 1789; rejected article IIMaryland:December 19, 1789; approved allNorth Carolina:December 22, 1789; approved allSouth Carolina: January 19, 1790; approved allNew Hampshire: January 25, 1790; rejected article IIDelaware: January 28, 1790; rejected article INew York: February 27, 1790; rejected article IIPennsylvania: March 10, 1790; rejected article IIRhode Island: June 7, 1790; rejected article IIVermont: November 3, 1791; approved allVirginia: December 15, 1791; approved allGeorgia, Massachusetts and Connecticut did not ratify the first 10 Amendments until 1939

First Amendment: Religion and ExpressionWhat is the First Amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The First Amendment Defined: The First Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.

The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.

Stipulations of the 1st Amendment: The First Amendment to the United States Constitution prohibits the passing or creation of any law which establishes a religious body and directly impedes an individuals right to practice whichever religion they see fit.

The First Amendment to the United States Constitution is a part of the Bill of Rights and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, the right peaceable assemble, the freedom of the press, or which prohibits the petitioning for a governmental evaluation of grievances.

In its infancy, the First Amendment only applied to laws enacted by Congress; however, the following Gitlow v. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.

The Establishment clause of the First Amendment is the primary pronouncement in the Amendment, stating that Congress cannot institute a law to establish a national religion for the preference of the U.S. government states that one religion does not favor another. As a result, the Establishment Clause effectively created a wall of separation between the church and state.

How the First Amendment was created: When the original constitution was created there was significant opposition due to the lack of adequate guarantees for civil freedoms. To offer such liberties, the First Amendment (in addition to the rest of the Bill of Rights) was offered to the states for ratification on September 25, 1789 and later adopted on December 15, 1791.

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1st Amendment - Laws

TALLAHASSEE, Fla. -

A bill allowing a person to fire a warning shot at an attacker without penalty is waiting for Gov. Rick Scott's signature, but a group that protects First Amendment rights is asking Scott to veto the measure because you might never know who has fired a shot.

The "warning shot" bill passed both the House and the Senate, but First Amendment Foundation President Barbara Petersen said what's not in the bill is its biggest problem.

"There will be no record of what happened or how it happened or why it happened, and that's a great concern," said Petersen.

The bill allows for all records to be expunged if someone who fires a warning shot is found innocent. Petersen said that could lead to a laundry list of other issues that would go undetected.

"Misdeeds, prosecutorial misconduct, law enforcement misconduct, a bad investigation, an unlawful arrest," Petersen said.

Most of the Senate debate on the warning shot bill focused on the expungement of records.

Sen. Chris Smith tried to amend the bill to keep the data from getting thrown out.

"It's the wrong thing, it's the wrong thing to get rid of these records," said Smith. "I want to be able to track this. I want to have all the evidence out there."

Sen. Charles Dean, a former sheriff, disagreed.

Excerpt from:
First Amendment Foundation says you may never know who fired shot

Originally Published: April 15, 2014 10:32 AMModified: April 15, 2014 2:56 PM

Executives at Novi-based Lotus Bancorp Inc. will not be able to claim a First Amendment right to use racist remarks about customers and their banks board members in a lawsuit in Oakland County Circuit Court.

Judge Denise Langford Morris has denied a motion by the defendants' attorneys to add the claim of a First Amendment privilege in their defense of a lawsuit brought by two bank customers who alleged that racist behavior by the executives violated the law and led, at least in part, to troubles they had in a dispute over a commercial loan.

Wednesday, the judge will hear two motions in the case, one by defense attorneys to dismiss the suit, and the other by the plaintiffs' attorneys to grant a partial summary judgment.

An attorney for Lotus, Michelle Wezner of the Royal Oak-based law firm of Howard & Howard Attorneys PLLC, had argued last Wednesday that two executives at the bank should be allowed to claim a First Amendment right to send emails describing Asian Indians as chimps and saying they are better dead than alive.

Wezner said the emails werent proof that bank President Neal Searle and Executive Vice President Richard Bauer were unfair in their treatment of customers but were, in part, emotional rantings over frustrations with their Indian board of directors that werent meant to be seen by the general public.

I can be the biggest jerk in the world and say awful, horrible things, but I cant act on it, said Wezner. The emails, she said, indicates they may be jerks, but they didnt act on it. The plaintiffs were treated really well on their loan. All we have is some really awful emails.

Morris denied the motion, saying in part:

The Court, having reviewed the applicable law and being fully advised in the premises, finds that the proposed amendment would be futile because the statements complained of are not entitled to protection under the First Amendment.

In addition, the Court finds that this request, made more than one year after the complaint was filed and after the close of discovery, constitutes an inexcusable delay that would be prejudicial to plaintiffs. It is hereby ordered that defendants motion for leave to file first amended affirmative and special defenses to add (a) First Amendment defense is denied.

Read the original here:
Lotus Bancorp execs' racist emails aren't protected by 1st Amendment, judge rules

Originally Published: April 15, 2014 10:32 AMModified: April 15, 2014 2:56 PM

Executives at Novi-based Lotus Bancorp Inc. will not be able to claim a First Amendment right to use racist remarks about customers and their banks board members in a lawsuit in Oakland County Circuit Court.

Judge Denise Langford Morris has denied a motion by the defendants' attorneys to add the claim of a First Amendment privilege in their defense of a lawsuit brought by two bank customers who alleged that racist behavior by the executives violated the law and led, at least in part, to troubles they had in a dispute over a commercial loan.

Wednesday, the judge will hear two motions in the case, one by defense attorneys to dismiss the suit, and the other by the plaintiffs' attorneys to grant a partial summary judgment.

An attorney for Lotus, Michelle Wezner of the Royal Oak-based law firm of Howard & Howard Attorneys PLLC, had argued last Wednesday that two executives at the bank should be allowed to claim a First Amendment right to send emails describing Asian Indians as chimps and saying they are better dead than alive.

Wezner said the emails werent proof that bank President Neal Searle and Executive Vice President Richard Bauer were unfair in their treatment of customers but were, in part, emotional rantings over frustrations with their Indian board of directors that werent meant to be seen by the general public.

I can be the biggest jerk in the world and say awful, horrible things, but I cant act on it, said Wezner. The emails, she said, indicates they may be jerks, but they didnt act on it. The plaintiffs were treated really well on their loan. All we have is some really awful emails.

Morris denied the motion, saying in part:

The Court, having reviewed the applicable law and being fully advised in the premises, finds that the proposed amendment would be futile because the statements complained of are not entitled to protection under the First Amendment.

In addition, the Court finds that this request, made more than one year after the complaint was filed and after the close of discovery, constitutes an inexcusable delay that would be prejudicial to plaintiffs. It is hereby ordered that defendants motion for leave to file first amended affirmative and special defenses to add (a) First Amendment defense is denied.

Read more:
Lotus bank execs' racist emails aren't protected by 1st Amendment, judge rules

Tuesday, April 15, 10:22 AM EDT

From The News Service of Florida

The bill (HB 89), which has passed the House and Senate, has drawn widespread attention because it would allow people to show guns or fire warning shots in self-defense if they feel threatened.

The bill also would allow criminal records to be expunged if people are found to have acted legally in self-defense and prosecutors do not pursue charges.

Barbara Petersen, president of the First Amendment Foundation, wrote to Scott that the bill has grave implications for public oversight of our judicial and criminal justice systems and is contrary to the public interest.

The expunction provision not only limits public oversight, but potentially could serve as a tool for obscuring law enforcement and prosecutorial misconduct, while also hindering the development of court precedence essential to understanding how and when the proposed use of force law applies, Petersen wrote.

See the article here:
First Amendment Foundation asks governor to veto 'warning shot' bill