Thursday, January 9, 2020
Flag and Cross Burning as Free Speech Issues Essay
The first ten amendments to the Constitution better known as The Bill of Rights were developed by the Founding Fathers in order to protect specific rights of the people of that time. The First Amendment protected speech, religion and expression. The First Amendment was most probably protecting scientific discourse, music, literature and the arts of elite white males. In 1791, there was no protection implied or otherwise for women or black slaves. The cross burning of the Ku Klux Klan or flag burning of American citizens was not a consideration of the Founding Fathers. The First Amendment has evolved over many years into the protector it is for the citizens of the United States. Forty-seven states in the United States have laws†¦show more content†¦The notion of cross burning has been a form of terror used to intimidate blacks and other minorities for over a century. Cross burning started in Scotland in the 14th Century used as a signal to their armies. In the United States, it was used by the Ku Klux Klan to signal impending violence against blacks in the late 1800s to the present day. The Supreme Court has dealt with the matter of cross-burning two times. In 1992 in R. A. V. v. City of St. Paul, the court struck down an ordinance that criminalized the display of certain symbols (burning crosses, swastikas, etc.) for arousing anger on the basis of race, color, creed, religion or gender . Again, in 2003 the court revisited this issue in Virginia v Black this decision was a bit more specific and was a 5-4 decision. The Supreme Court upheld the Virginia Court decision upholding the unconstitutionality of the Virginia law but added that a state has a right to ban cross burning when there is the intent to intimidate but stopped short of banning cross burning of all types . What the Supreme Court did was set a road map for future laws banning cross burning. Civil liberties concern private actions that are protected by rules about what the government cannot do, a way to prevent excessive governmental intrusion into ones life. Civil rights primarily concern citizens as civic and political actors. They concern equality and the things the government mustShow MoreRelatedEssay on Hate Speech is the Price We Must Pay for Freedom of Speech2302 Words  | 10 Pagesrights, freedom of speech is perhaps our most cherished, and one of the most controversial. Hate speech is one of the prices we all endure to ensure our speech stays free. 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