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

graduation Amendment - Essay ExampleShe got furious, scolded him for being a failure all his life and pronto wrote him a referral to principal. Once Jacob refused to leave class, school security was called in to escort him out. Later a elevate conference meeting was scheduled and he was awarded an hour detention for a week. Was Jacobs right of license of expression under first amendment violated? Was the management decision justified? How can we draw a balance between rights and obligations under the garb of freedom of expression? Ones unpopular linguistic communication is others free speech. Is disciplining student a right reserved to college faculty? This essay tends to break up these questions by comparing two essays from Stanley search and Stuart Taylor in order to seek a plausible component of first amendment in college campus. Stanley Fish, in his essay The Free Speech Follies, argues that there is general tendency in America to hide behind first amendment. He is clearl y troubled by the double standards which tolerate in college campuses seeking refuge under attire of first amendment. He advocates acceptance of consequences of ones 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 beginning(a) Amendment rights of students and one shouldnt be punished or penalized for what he/she say. Although, Taylor and Fish both make evenhanded assembly lines, 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 assertions but do not have any special philosophic and historical affinity with first amend ment. So, what was the philosophy which shaped first amendment? Wasnt it to foster a auberge and land of free from tyranny? It was the dire 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 oer the years. Critical 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 example 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 ego censorship. Silencing means to compel or reduce to silence while censorship implies control exercised repressively (merriam-webster). Fish argues that no one is silenced because a single outlet declines to publish their work but still has pickax 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 agree with Fish on this account that there needs to be more