Importance of the First Amendment within Black Lives Matter

 

One of the most inspiring topics that defined 2020 was the Black Lives Matter movement. After George Floyd Jr. was killed by a police officer kneeling on his neck and crushing his airway, protests and hashtags spread across the United States (and some other countries around the world) like wildfire. There was no stopping it once it started, and the activists proved that as they strongly utilized their First Amendment rights/freedoms. 

Obviously, one of the most important rights displayed throughout the Black Lives Matter movement was the right to freedom of assembly. This was expressed through countless peaceful protests, whether it was a march with signs supporting black lives or a simulation of George Floyd's death by 'laying dead' in the street for 7 minutes and 46 seconds. As long as they remain peaceful, the government cannot stop protestors because that would violate their First Amendment rights. If the speech is peaceful - in this case, the assembly/protest is considered the speech - then it stays protected under the Constitution; when the assembly becomes violent, such as cop cars being lit on fire as incitement, that's when protected speech becomes an unprotected action. According to the Speech/Action dichotomy, once something becomes an unprotected action, the government has the right to get involved and violate the First Amendment. A blog created by Adams and Bischoff Inc. about Understanding the First Amendment Rights clarifies that "gatherings that evolve into violence, theft, or destruction of property are forms of protesting that are not permitted and can be legally restricted under the government.". 

Of course, all 6 freedoms listed under the First Amendment are important, and to make them even more substantial, all of them are somehow connected. The Black Lives Matter movement provides the right to freedom of speech because the protestors are able to state their opinions verbally and on signs, it provides provides the right to the freedom of assembly because the government cannot stop people from using their speech during a peaceful assembly or protest, and it provides the right to freedom of the press which allows the spread of media and journalism that peacefully addresses opinions about the protected speech. In a country such as China or Iraq, people would be putting their lives at risk just to speak their minds; here in the United States, the Constitution provides us with the protection needed to keep our own voices and use them to freely express our own ideals safely and peacefully, without government involvement.

Sources

https://adamsbischoff.com/blog/understanding-your-first-amendment-rights-when-protesting/

https://www.archives.gov/founding-docs/constitution-transcript

Introducing the Supreme Court

Next up... The Supreme Court of the United States!

As the highest federal court in the United States, the Supreme Court heads the judicial branch of the United States government. With this title comes the authoritative duty over all American laws, including constant evaluations of their constitutionality. Throughout its past 232 years of duty, 115 Justices have served on the Supreme Court. The current size of the Supreme Court of the United States is limited to 9 Justices who serve for life, after they are elected. The term of the Supreme Court is the first Monday in October until the Sunday before the first Monday in October of the next year. 

History

In 1789, Article III of the United States Constitution - "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." - detailed the organization and key values of the newly created Supreme Court, which Congress officially established with the Judiciary Act of 1789. The Court first assembled on February 2, 1790 in New York City, but the first hearing wasn't until August 3, 1791 with the West v. Barnes case. President George Washington signed the Judiciary Act of 1789 to create a Supreme Court of 6 justices; this number has altered throughout the years, but was adjusted to its' current limit of 9 after the Civil War in 1869. In order to be elected to the Supreme Court, justices must be appointed by the President of the United States and confirmed by the Senate. The Chief Justice is the leader of the Supreme Court, who presides Presidential impeachment trials, organizes weekly agendas, and is considered the highest judiciary in the United States of America.

Importance

One of the most important duties of the Supreme Court is seen through the act of judicial review. Through this process, the Court can strike down Legislative (Congress) or Executive (President) acts or laws that could violate rights established in the United States Constitution. Basically, the Supreme Court is the 'protector of the Constitution' by having the final say in a debate over the validity of a law that could or could not violate the United States Constitution, and by establishing a stronger hold on checks and balances between all 3 branches of the United States government. According to judicial review, the fundamental rights and values of all American citizens should be safe in the justices' hands. 

Procedure

The Supreme Court holds both original jurisdiction, where the Court is the first and only court to hear a case, and appellate jurisdiction, where the Court reviews decisions found by lower courts; appellate jurisdiction is most common. In order to petition the Supreme Court for review, a writ of certiorari - a request for the lower courts to send a record of a case to the Court - must be granted. Of the 7,000, or so, appeals that the Supreme Court is asked to review each term, only about 100-150 of them are accepted. Typically, only cases that could have national significance, settle disputes between states/government branches, or analyze conflicting beliefs in the federal/circuit courts are accepted. In order to be reviewed, 4 out of 9 Justices must vote to accept the case.

If a case is accepted, both the petitioner and the respondent will write a 50 page maximum brief explaining their stance on the case. Next, oral arguments are debated in front of the Supreme Court where each side has 30 minutes to express their opinion - the petitioner speaks first, and the respondent is last. These are arranged for 2 weeks (either the beginning or end depending on the month) each month, and take place on Mondays, Tuesdays, and Wednesdays at 10 am with 2 cases per day. After the oral argument, the Justices attend a Justice Conference where each Justice has the opportunity to state their opinions and ask questions - starting with the Chief Justice and going in descending order by seniority. Interestingly enough, the Justices are not allowed to interrupt each other, which is very different than the common image of heated, political debates. The Chief Justice casts their vote first, then the same descending order is followed for voting. 

Results

After the results are found, the Chief Justice (or the most senior Justice of the majority) assigns someone to explain the opinion of the Court, - and any Justice can write a concurring opinion if necessary - while the most senior Justice of the dissent can assign someone to write a dissenting opinion. If the vote is tied, the original decision of the lower courts stand. However, once an opinion is reached, the Court must hand it down by the last day of the term. In order for the opinion to be publicly announced, the majority of the Justices must "sign onto" or agree with its contents. Throughout May and June, the Justices meet every Monday at 10 am to publicly release the final opinions.

Notable Supreme Court Justices

* Chief Justice John Jay - First Chief Justice

* Chief Justice John Marshall - Marbury v. Madison, and longest serving Chief Justice

* Chief Justice Earl Warren - Brown v. BOE, Miranda v. Arizona

* Justice Sandra Day O'Conner - First female Justice

* Justice Thurgood Marshall - First African-American Justice

Sources

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about

https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/supreme-1

https://www.history.com/topics/us-government/supreme-court-facts

Start Spreading the News...

 ...I'm leaving today! I want to be a part of it! New York, NEW YORK!

Just like the classic theme song by Frank Sinatra says... yes! Everyone does want to be a part of it! Although Sinatra is talking about wanting to live in New York, this saying still holds true for the significance of the news in today's world. Thanks to new social movements, political issues, and global/economic crises among others, the news has become a necessary tool for people all over the world - especially in the United States of America. Everyone wants to 'be a part of it' by having the ability to watch the news and receive real-time updates, learn from live interviews or coverage, and understand the exact statistics needed to feel safe from 'fake news' and to be 'in the know'. When I want to 'be a part of it', I look to the news from CNN, NBC 4 Washington, The BayNet, Star 98.3 Radio, and The New York Times.

One of the major networks I look to for the most up-to-date information is CNN. I occasionally watch the news broadcasts, but I tend to read its' online articles most often. CNN is always up-to-date with recent news on social movements or global issues, but I find it most appealing when it focuses on political news, such as the 2020 Presidential Election. After a presidential debate or a rumor about President Trump was released, I went straight to CNN. More often than not, it was because this network was the first link to pop up when I searched the news in Google, however, I did always compare the reports of CNN to other networks, such as The New York Times or NBC 4 Washington to distinguish possible 'fake news' claims. I love the organization of the CNN website because I know exactly what I'm going to read about when I click on specific tabs, such as CNN Covid-19, CNN Entertainment, or CNN Politics with the Fact Check section - an important section to read due to rampant 'fake news' rumors.

NBC 4 Washington has to be one of my favorite news channels. As a Southern Maryland native, I grew up watching this network every morning before school. In fact, watching NBC 4 Washington inspired me to consider a job in the communications field. Although I'm not planning on becoming a journalist, being up-to-date with the news and latest trends is a very important factor in the public relations profession as well. As I compare NBC 4 Washington to CNN or The New York Times, I believe all 3 of these networks contain accurate information because they tend to report the news in similar rhetorics with the same information and evidence. Not only is this network a great source for political news since it is filmed in the heart of D.C., but it is one of the most important sources for local information in the DMV - D.C., Maryland, and Virginia. Doug Kammerer, the best chief meteorologist in my opinion, analyzes the weather radar accurately, while Aaron Gilchrist and Eun Yang report local fortunes and tragedies with appealing ethos rhetoric. I've been lucky enough to be presented on this news channel for special reports about 2 departments, acapella and theatre, in the arts program at my high school. 

The BayNet is the best online news source for the tri-county area of Southern Maryland. It covers all local news for Charles, St. Mary's, and Calvert counties - from local entertainment, to new restaurants or markets, to local politics and elections. Because these counties are so similar, geographically and culturally, and have lots of 'hometown legacy families', including mine, not a day goes by where there isn't an abundance of news due to constant happenings. I go to The BayNet whenever I hear of something happening at home, such as car accidents, local deaths, or the election of my hometown's mayor. I also go to The BayNet to look at reviews for plays, schools, restaurants, or events in my hometown - especially if I'm trying to describe those things to people I've met here in High Point. I love reading these articles because I don't feel like I'm as far away from home as I am. I can stay up-to-date on my hometown without my parents having to let me know. The BayNet also holds a special place in my heart because it's known for its reviews of community theatre performances and I've been named in some of those reviews on a number of occasions!

Similar to The BayNet, Star 98.3 reports all local news for Charles, St. Mary's, and Calvert counties of Southern Maryland, but instead of just an online website, Star 98.3 has an online website and a popular radio station. I can remember waiting for the school bus in the morning with my mom while we listened to the head co-hosts, T-Bone and Heather, express their opinions on national political news, or joyfully advertising local shops or events going on in our area. Over Christmas break, we played Star 98.3 on our Alexa Echo Dot while baking cookies or cleaning the house, and it was great to reminisce about those mornings. The most fascinating thing that makes this radio station stand out is their variety of opinions. T-Bone and Heather are a married couple, but one of them is a conservative and another is a liberal; so, as I listened to their debates, I was able to gain knowledge on both sides of the spectrum and base my opinions on the facts and ideas I learned from there. That separation is very different from a news channel or network that only attracts one group of people because of their one-sided political news. I also love the Star 98.3 website because it has little fun facts, trivia questions, links to local companies, and even lets the reader know who is hosting the radio at that time. 

And finally, I also turn toward The New York Times for information. Although I don't look at it as often as the other news sources I previously mentioned, I usually read The New York Times when completing research, especially academic or business research, because I believe it has the most accurate information and is the easiest to explore when looking for news from different years. Similar to CNN, The New York Times also has incredible organization that I appreciate, with lots of subcategories within general categories. I also find it very interesting that The New York Times has options to read the news in different languages or from different points of view. I tend to look for reviews of books, events, places, and groups on the website as well, because when I think of The New York Times, I think of The New York Times Best-Sellers Lists. 

Sources

https://www.cnn.com

https://www.nbcwashington.com/

https://star983.com/

https://www.thebaynet.com/

https://www.nytimes.com/