Back To Basics Essay

3104 words - 12 pages

Jennifer KarlsonSOC 395 - Rough Draft27 October 2014The First Amendment: Back to BasicsIntroductionAny innovation, idea, concept, or technology when presented to man has its obvious implications, strengths and weaknesses. When man first invented the wheel, some uses for this new technology were obvious, but at that time, there would be no way for these individuals to visualize the thousands of new uses and applications that would come with time and the obvious changes it brings. In this following presentation, I plan to explore the problems, tragedies and possible solutions brought forth by the introduction of cyberbullying to civilization. As with the above example of the invention of the wheel, the U.S. Constitution at its inception was designed to be useful and applicable given the state of the human race at that time. This presentation will also include opinions, both personal and professional, that will eventually tip the scale of justice. Although some opinions bear more weight in the end, all are added to strengthen a particular case.When our Forefathers in their infinite wisdom penned our first amendment allowing for and protecting our freedom of speech, there was obviously no possible concept of modern communication, let alone the ever-expanding world of the internet. Now as we enter the 21st century, our lawmakers, legislators and legal officials have unforetold problems and possible solutions that will eventually reshape and reform our U.S. Constitution, including our first amendment rights. One of these new dilemmas is the concept of cyberbullying and how our schools and institutions of learning deal with such problems on and off the campus while staying within the guidelines of the U.S. Constitution. The Supreme Court of the United States has a mission to interpret and apply the elements of this wonderful document known as the Constitution.Landmark CasesThe arguments and debate being created today regarding cyberbullying and its effects bear obvious evidence of a need for a change. For example, our lands highest court during the Vietnam conflict was faced with one such dilemma regarding students expression of anger and dismay with the Vietnam War. When students as a group decided to express their feelings on the war by the wearing of black armbands, these students brought legal suit against the schools administrators for prohibiting the wearing of said armbands. In a fairly obvious decision, the court stood solidly behind first amendment rights expressly protecting such passive expression. The court's ruling also added that a student may express himself so long as he does so without "materially or substantially" disrupting school operations or invading rights of others. As it turned out, time would prove that this decision was basically and obviously upheld by the exact wording of the first amendment, giving rights to individuals to express their feelings without causing undue disruption or harm to others.17 years later the Supreme...

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