The 1st amendment and issues of national identity

The 1^st amendment and issues of national identity

            The first amendment of the US constitution was introduced to ensure that the fundamental rights of all citizens are protected. The amendment, which was adopted in 1791, protects various freedoms, including freedom of religion, speech, and the press. The rights that are protected under this amendment include the right to assemble and to petition the government. Other than the protection of rights and freedoms, the 1st amendment can be said to effectively the national identity of the people of the US.

Based on the nature of the first amendment, the US can be said to be a nation that allows everyone to be equally a citizen by providing rights are freedoms that are supposed to be protected by the various instruments of law enforcement and justice in the US. The main intention of the amendment was to make sure that everyone belongs. American has always struggled to create a reputation for being an inclusive nation. America has one of the most inclusive populations in the world. It is believed that the 1st amendment is among the factors that have led to the high level of diversity in the US because it provides equality of freedoms and rights concerning religion, speech, the press, assembly, and to petition the government.

The notion of freedoms and rights go beyond just theoretical recitation of the amendment. However, it has been actualized to the extent to which people of various parts of the world have developed the impression that America is the land of opportunities. The number of people applying for green cards is a testimony of the extent to which the US had been able to create a reputation for being a land of opportunities. People believe that once they go to the US, they will be accorded equal rights and freedoms as any other citizen. It is through the creation of equal opportunities that the 1st amendment has been able to shape the national identity of the US.

Given that the 1st amendment is part of the constitution of the US, it is among the factors that determine legal proceedings. Through the 1st amendment, people are aware that their rights and freedoms are protected. There have been various movements that have been engaged in activism for the sake of making sure that all the groups in the US are accorded their rights. However, occurrences such as homophobic attacks and anti-Islam activities have often raised the question of the extent to which the people of the US have come into terms with the fact that all people deserve the rights and freedoms given by the constitution regardless of their religion or sexual orientation. However, the first amendment is a legal tool and not a social one. Therefore, it has played its part by making sure that people engaged in homophobic attacks and anti-Islam activities face the law. At least people are aware that with evidence, they can always seek justice when their rights and freedoms are violated.

Discussions about freedom of speech must include the extent people, though legal and state parameters are permitted to express their concerns, complaints and views. In some cases, a government may argue about such freedom but limit through forums such as social media or mainstream media. The reason the government give when gagging media is language permissibility or confidentiality of the information media can pass to people. The point explains the reason as to why there are exemptions regarding the mannerism, time, and place that one practices their freedom of speech and expression. For instance, using a loudspeaker in residential areas at night is restricted because it violates the rights of the other citizens.  Speech can also be restricted if it involves defamation, hate speech, obscenity, and child pornography (Calvert 1349). This implies that freedom of speech is protected from any form of abuse. In the process of exercising their freedom of speech, people are expected to use permissible language. The debate is an implication that the 1st amendment promotes decency as part of the identity of the people of the US.

There are also legal provisions and guidelines put in place to offer checks and balances on the extent citizens can freely express themselves. However, Balkin offers a comment that every state across the world has provisions on what amount to freedom of expression and the responsibility of every citizen when enjoying such rights (2034). For instance, the freedom of expression should not come at the expense of the freedom of other citizens to move from one place to another. While workers are allowed to picket or demonstrate in the streets to exercise their freedom of speech and expression, interfering with other’s rights will be tantamount to illegality. The point is that citizens should not prioritize their rights over the rights of other citizens (Balkin 2034). The balance between one’s right and respecting others’ rights is an area that many may interpret to be government interfering with their rights. As members of the public put forward discussions on the extent the government is infringing into their rights, they must evaluate the extent their demands affect the larger population.

The 1st amendment has, in many ways, been used in ensuring that citizens are protected from regimes that would introduce a national religion and outlaw the others. It is for this reason that people of the US are expected to treat each other with equality regardless of the differences that they might have. Furthermore, the 1st amendment has also made it possible for the media to play a vital role in informing the masses without interference from the government. The media is an essential aspect that portrays the image of America with regard to international relations. Media will show the extent to which America is a model for the freedom of speech and expression. The right to petition the government is an implication that the citizens can hold the government responsible in case there is proof of the inability to uphold the values that are associated with the nation (West 321).

The 1st amendment is worth defending because of the role that it plays in the formation of the national identity of the US. The most crucial role played by the 1st amendment is the provision of legal provisions for making sure that the US maintains the identity of a nation of opportunity. It makes sure that the rights of speech, association, worship, and expression are given to all so that the US becomes a nation that is accommodative to all. Furthermore, the amendment has extensions that are aimed at restricting any possible abuse of the rights and freedoms that it advocates for. From a legal point of view, there are circumstances under which the rights and liberties that are stated in the first amendment are limited, especially if the freedoms and rights are exercised in a manner that threatened the national spirit.

Works cited

Balkin, Jack M. “Free speech is a triangle.” Columbia Law Review, vol. 118, no. 7, 2018, pp. 2011-2056.

Calvert, Clay. “Certifying Questions in First Amendment Cases: Free Speech, Statutory Ambiguity, and Definitive Interpretations.” BCL Rev. vol. 60, 2019, pp. 1349.

West, Sonja R. “Suing the President for First Amendment Violations.” Okla. L. Rev. vol. 71, 2018, pp. 321.