First Amendment Essay Example | Topics and Well Written Essays - 1250 words

First Amendment - Essay ExampleShe got furious, scolded him for being a failure all his feel and quickly wrote him a referral to principal. Once Jacob refused to leave class, school security was called in to escort him out. Later a p atomic number 18nt conference meeting was scheduled and he was awarded an hour detention for a week. Was Jacobs right of exemption of expression under offshoot amendment violated? Was the management decision justified? How can we arrest a balance between rights and obligations under the garb of freedom of expression? Ones unpopular speech is others free speech. Is disciplining educatee a right reserved to college faculty? This essay tends to analyze these questions by comparing two essays from Stanley Fish and Stuart Taylor in order to seek a slick role of first amendment in college campus. Stanley Fish, in his essay The Free Speech Follies, argues that there is general leaning in America to hide behind first amendment. He is clearly troubled by th e double standards which prevail in college campuses seeking refuge under attire of first amendment. He advocates acceptance of consequences of unrivaleds speech as there is never an obligation to say anything at any point of time. On the contrary, Stuart Taylor Jr., in his essay How campus censors squelch freedom of speech, argues that college campus policies violate the First Amendment rights of students and one shouldnt be punished or penalized for what he/she say. Although, Taylor and Fish both make evenhanded arguments, Taylors arguments are more convincing because of his rational of a more comprehensive view of the First Amendment. Fish initial argument starts from Fredrick Schauer description of first amendment opportunism i.e., tendency to hide behind the first amendment. Both of them believe that such claims are just moral, social, economical, ideological preserveions but do not have any exceptional philosophical and historical affinity with first amendment. So, what was the philosophy which shaped first amendment? Wasnt it to foster a society and land of free from tyranny? It was the grand need for protection of rights of all Americans to express their moral, religious, political, and other convictions / opinions that envisaged First Amendment. This philosophy shaped political, cultural, moral and social values promoting freedom of expression over the years. vital thinking and approach is evident from Supreme Courts interpretation of First amendment in series of judgments over the years. Therefore, it does not seem appropriate to assert that these claims have no philosophical and historical affinity with First Amendment. Fish is clearly troubled by the double standards practiced in campus. He illustrates it with illustration of editors in campuses. He believes that an editor exercise judgment when he decides what to publish or not and it is different from silencing and self security review. Silencing means to compel or shorten to silence whil e censorship implies control exercised repressively (merriam-webster). Fish argues that no one is silenced because a single outlet declines to publish their work but so far has choice to say what he wants to say. He believes Silencing occurs when that outlet (or any other) is forbidden by the state to publish him on pain of legal action censorship is the same. He further adds Self-censorship, in short, is not a crime or a moral failing it is a responsibility I support with Fish on this account that there needs to be more