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Jaycee Poffinbarger
English 1301
17 October 2017
America Divided
The First Amendment prohibits the American government from making laws against
Americans freely expressing personal thoughts, religious beliefs, and gathering or petitioning.
The First Amendment is interpreted differently by various people. Factors that need to be
considered include the following: individuals rights, businesss rights, government power,
physical location of expressions of personal beliefs, and religious beliefs. Even though the First
Amendment controversies have been seen throughout American history, these seem to be more
Freedom of speech and the right to express personal thoughts are prominent issues
disputed in the U.S today. For example, the NFL some of the players and staff knelt during the
National Anthem. On one side, there is the First Amendment which limits the government
authority to make laws restricting freedom of speech. Then on the other hand, government
entities can express opinions about certain topics, but cannot necessarily act on them. The
government cannot make a law restricting freedom of speech, but business owners have a right to
limit the expression of personal thoughts from its employees. Another example is the
defamation of races and classes of persons that Patrick ONeil writes about in his article, Hate
Speech. He also discusses that if harassing speech does not constitute criminal intent, it cannot
be punished. However, he adds, Even speech that would enjoy First Amendment protection
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against criminal prosecution can be the basis of legal action against an employer who tolerates
such expression on the grounds that the toleration of such expressions creates a hostile work
environment. This can be seen in numerous cases in which an employer allowed harassing
speech, sometimes even of a sexual nature, that created an unsafe and unproductive situation.
The First Amendment allows freedom of speech, but people must be careful not to infringe on
In the United States, people have a right to freely express their religious beliefs.
According to Fox News, in 2014, the Bathroom Bill that the city of Houston was trying to pass
would have allowed men who identify themselves as women to use public womens restrooms,
showers, and locker rooms. Opponents gathered almost three times the amount of signatures that
were needed to block the bill from making it on the ballot. Some opponents filed a lawsuit
against the city attorneys. The city of Houston then subpoenaed five pastors in the area for their
sermons, speeches, and all communications, regarding same sex marriage, gender identity, or
Mayor Annise Parker (Houstons first openly gay mayor). The subpoenas were issued in
response to some churches actively discussing the non-discrimination ordinance with their
congregation. The churches saw this bill as a threat to vulnerable women and children. The
pastors stated the facts of the Bathroom Bill and told their respective congregations their stances
on the matter. Fox News goes on to write that the executive director of the Texas Pastor Council,
Rev. Dave Welch was among those subpoenaed. Were not afraid of this bully, he said, Were
not intimidated at all. Fox News continued to write that Rev. Welch accused the city of violating
the law and he promised to stand firm in his faith. The article states that the mayor and city
council wanted to publicly humiliate the citys pastors for being biased against the LGBT
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community. The mayor and city council had no comment on the reasons why the pastors were
subpoenaed. Some questioned whether Mayor Parkers motives were to persuade religious
communities into accepting her personal beliefs. In his article Fueling the Terrorists Fire with
the First Amendment, Kyle C. Velte notes, the United States espouses that authentic
religious pluralism is essential for a true democracy governed by the rule of law. Houston
voters showed this by a majority voting no to the Bathroom Bill a majority made up of
various religious backgrounds. Despite Houston City Councils attempt to defame some spiritual
Anyone has the right to assemble peaceably and/or petition the government. The people
of the U.S have a right to protest peacefully. Recently, some of the NFL players and staff
kneeled during the National Anthem in protest of police brutality. Not all of America saw it as
that; some saw it as disrespectful to the American flag and military troops. The protests did not
become prominent until President Trump tweeted that the owners of NFL teams should have
their players stand during the National Anthem; and if they do not, the players should be fired or
suspended. People have a right to peacefully protest whether society agrees with it or not. Some
people would think that since some NFL teams are private businesses, the owners should have
the right to either allow or ban protesting by its staff. The other teams that are publicly owned by
share holders, may not have a say in banning public protests. It is stated in the article, Fueling
the Terrorist Fires with the First Amendment, that President Obama stated: I believe that
peace is unstable where citizens are denied the right to speak freely or worship as they please;
choose their own leaders or assemble without fear. (Velte 1110) The First Amendment protects
those rights.
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Americans may not always agree on issues, but one thing they do agree on is the First
Amendment. The rights given to United States citizens under the Constitution are non-
negotiable. The government does not have the authority to prohibit the expression of personal
thoughts, religious beliefs, and peaceable assembly. Americans need to learn to respect that not
everyone has the same views. People are raised differently, have various religious backgrounds,
and have different experiences based on their culture. Each of these shape a persons belief
system. If Americans continue to blame each other instead of trying to respect and understand
Works Cited
City of Houston demands pastors turn over sermons. Fox News, FOX News Network,
www.foxnews.com/opinion/2014/10/14/city-houston-demands-pastors-turn-over-sermon
O'Neil, Patrick M. "Hate Speech." Encyclopedia of American Studies, edited by Simon Bronner,
Johns Hopkins University Press, 1st edition, 2016. Credo Reference, http://search.cre
Tingley, Edward. "The Freedom of Divided People: Not "Rights to Religious Life or Expression"
(Or any of the Formulations It Will Prove so Easy to Resist) but the Most Basic Rights in
the Constitution." Issues in Law & Medicine, vol. 31, no. 2, Fall2016, pp. 171-180.
EBSCOhost, search.ebscohost.com/login.aspx?
Velte, Kyle C. "Fueling the Terrorist Fires with the First Amendment." Brooklyn Law Review,