Government Regulation of First Amendment

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The US Constitution was drafted to ensure the rights of the American people. Every amendment and article that has been added to the Constitution for that purpose of ensuring the protection of every right of American citizens. Since the Constitution was established, there have been many court cases that challenged American citizens’ rights.

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Some of these cases have set precedents for future cases such as Marbury v. Madison (1803), Plessy v. Ferguson (1896), and Miranda v. Arizona (1966). The Declaration of Independence states, among these [rights] are Life, Liberty and the pursuit of Happiness, and the American court system cannot deny nor rule against the rights of the American people.

First Amendment Rights

The First Amendment to the Constitution states that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press (Constitution). These rights are guaranteed to be protected by the Supreme Court. Cases that have protected the First Amendment are Tinker v. Des Moines Independent Community School District (1969) and Bethel School District No. 403 v. Fraser (1986). These cases are important to know as an American Citizen because they are referenced in many cases involving freedom of speech, expression, and press.
The First Amendment guarantees freedom of religion to every American citizen. However, since America was discovered by Christopher Columbus in 1492, religion has been used to incite violence. The commissioner of the Colorado Civil Rights Commission stated that I would also like to reiterate what we said in the hearing or the last meeting. Freedom of religion and religion has been used to justify all kinds of discrimination throughout history, whether it be slavery, whether it be the Holocaust, whether it be”I mean, we-we can list hundreds of situations where freedom of religion has been used to justify discrimination. And to me, it is one of the most despicable pieces of rhetoric that people can use to”to use their religion to hurt others (SCOTUS, 13). The Colorado Civil Rights Commission is no stranger to the First Amendments rights, considering their case against Masterpiece Cakeshop in 2017.

Masterpiece Cakeshop vs. Colorado Civil Rights Commission

Jack Phillips, owner, and operator of Masterpiece Cakeshop in Colorado refused to bake a cake for Charlie Craig and David Mullins, a same-sex couple, wedding ceremony due to his religious views on homosexual marriage. During that time, Colorado had not legalized gay marriage. State law also allowed storekeepers to decline to create specific messages that they considered offensive to a certain extent.
After Phillips declined to make them a cake, the couple filed charges with the Colorado Civil Rights Commission. Their claim was that Phillips violated the Colorado Anti-Discrimination Act which prohibits discrimination based on sexual orientation in a place of business engaged in any sales to the public and any offering servicesto the public.

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