Can You Really Do This Under the 1st Amendment?
So first of all the 1st Amendment gives you the freedom of speech, press, assembly, and religion. It also says that Congress can not make a law respecting an establishment of religion or prohibiting the free exercise of one. But in the 1st Amendment the federal government does put limits on things and one of them is obscenity. And this is because the Supreme Court has generally refused to give obsecenity any protection under the 1st Amendment. So I bet your wondering where I'm going with all of this, well recently in the news a man in Akron, Ohio has been under the radar for a obscene display he has put in his front yard of President Obama and First Lady Michelle Obama. In the display President Obama is standing in back of First Lady Michelle Obama, who is bent over, with his pants down. And she is saying in a caption bubble " I'm not the only one getting screwed by Obama you are too!" And to top it all off the display is right across the street from a kids playground where they can get a full view of the display. So when the man was asked why did he put up the sign he said because "I have the right too". And when he was asked to take it down he said no because, one it was a violation of his 1st Amendment rights to freedom of speech. And two because he is teaching kids about their governemnt rights to freedom of speech. Now in my opinion I think the man should take down the signs because not only does it set a bad example for the kids he was trying to teach a lesson to but it was also inappropriate. But when you ask other people what do they think, they say he has the right to put that display up because he is protected by the 1st Amendment, but I honestly don't think they were thinking about the kids when they said this, because kids ages 4-10 shouldn't be exposed to such graphic material like that. So my question to you is, what do you think about this situation? Do you think the man should take the signs down or should he leave them up? 
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I agree that this display is wrong and inappropriate. Before the court case, Roth v. United States in 1957, this man would have been protected under the first amendment. He would have been protected because his display does not create a clear or present danger to anyone. However, in Roth v. United States the court ruled that obscene material has no protection under the first amendment. It created the first exception to free speech protection that does not present a clear or present threat to a person or their property. It is an exception involving material which disturbs, offends, or upsets viewers.
ReplyDeletehttp://atheism.about.com/od/freedomofspeech/tp/SupremeCourtFreeSpeech.htm
My opinion of this is very similar to yours, i do believe that we all have rights and freedoms, that come along with being an American. The Constitution, specifically the First Amendment does give us the right to free speech, but there are limits and restrictions to everything. Personally, i feel that this man has reached that limit, not only is it wrong and disrespectful to our president but its showing abuse towards the childern. I don't see how this man can possibly think he is teaching any one a lesson, though he may have a strong opinion in which i respect i believe there are other more positive ways to express it. I strongly believe the man should take down the sign!
ReplyDelete-Rheme Slater
I agree with you and I think the man could have taken a different approach to this.The man could have found an appropriate way to display this message or he could have not put anything up at all.Even though he is protected by his First Amendment rights there should be a limit on what you can do especially if it is in front of a school.He was not thinking about how this would affect the children and everyone who would see this.
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