Writing Assignment 1

If it were me writing the 1^st Amendment today, I would say:

“The right to freedom of speech, religion, association, or the press are considered fundamental rights and shall not be restricted or abridged to any person on US territory by any governing authority, excepting of cases in which the safety or well-being of others is proven beyond a reasonable doubt to be placed in jeopardy. There is also a right to petition the government for a redress of grievances.”

                The freedoms of speech, religion, and the press are some of the most fundamental freedoms we have in the United States, and the placement of the amendment as first signifies its importance. It was a struggle for me to think of a way to re-write the amendment, because even after nearly 230 years the original amendment still works as well as the day it was written. The 45 words in the original amendment were forward-thinking and serve as a blueprint for democracies to this day.

                With that said, there are some flaws to the freedoms of speech that have developed often hundreds of years after the amendment was written. In relative terms, these are merely blemishes on a foundation of free speech that remains rock solid. For instance, the “redress of grievances” includes the right to sue, a right in which in some circumstances is and should be limited. For instances, strategic lawsuits against public participation (SLAPPs), lawsuits filed against critics that are deemed to be typically unwinnable, but burden the defendant with the cost of a legal defense. While this is not an issue with the First Amendment per se, it is an issue that has cropped up relatively recently. Thankfully, states are adopting anti-SLAPP legislation.

                There are some issues that are, and need to be, restricted under free speech. Threats, speech that compromises national defense, speech that compromises safety, child pornography, and obscenity in some situations (such as in K-12 schools) are prohibited and should be. However, the government is not a censor. Still, I am blessed to live in a country where there is very limited censorship.