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The First Amendment in modern America: based on Randazza’s opinions

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October 6, 2017 in Resistance


Marc Randazza: defining the challenges of the First Amendment in the U.S.

The First Amendment to the U.S. Constitution, enacted more than 225 years ago, provides citizens with a number of basic rights and freedoms which serve as the inviolable pillars of a properly functioning democratic society. Protecting freedom of religion, speech, and the press, the First Amendment forms the core of the American way of living. It articulates the freedoms that derive from human nature and the essence of our entire being – as individuals, we each think, form our beliefs, and then strive to express them.

The statements adopted by the framers of the U.S. Constitution within the First Amendment are arguably the most important provisions of the entire Bill of Rights. They provide for the maintenance of a democratic government and impact nearly every aspect of each citizen’s life: allowing them to exercise their rights and develop a more civil, free, and just society.

A well-known First Amendment attorney, the founder of Randazza Legal Group, and a law professor, Marc Randazza says that “everybody deserves to have their constitutional rights defended.” Thus, people may express even the most unpopular opinions. People have the right to subject these unpopular ideas to criticism, and the individual who expressed the unpopular idea may be met with the public’s deprecation and objections. Expression of the idea itself is key, and as citizens we must never become complicit with censorship.

Free Speech and the Law

The First Amendment is designed to give citizens the right and the opportunity to hold the government accountable and oppose the authoritarian tendencies political forces inevitably leans towards.
We must open our eyes and take notice that the country — whose presidents are often referred to by the title the “Leader of the Free World” and whose democratic order is used as an example for developing countries — still experiences major issues related to freedom of speech and expression.

When people are oppressed after expressing opinions that contradict those in the majority and when the government interferes with freedom of speech, how can we proclaim that the right portrayed as the pedestal of all American rights and freedoms is being fully enjoyed by the citizens? People are nervous about what they can say in public or on social media. While it is true that the First Amendment only protects people from government censorship, do we really want to live in a society where people are afraid to speak their mind? People are afraid of getting fired or being kicked off social media for simply having an unpopular opinion. Although these forms of censorship are enacted by the private sector, it normalizes the idea that people with unpopular views should be punished. This could open the flood gates for government censorship.

Marc Randazza, the managing partner of Randazza Legal Group and a well-known attorney, handles cases related to freedom of speech and intellectual property issues. Randazza has emphasized that government punishment of speech should never be tolerated, yet there are still instances where citizens have been arrested for speech.

“The notion of an American citizen going to jail for a nonviolent political protest is utterly antithetical to what this country is all about. It is a disgrace” Randazza said in his CNN commentary “Jail for laughing protester is an outrage”

It’s a disgrace to our country and the citizens that live in it. Elected officials should not turn a blind eye to the First Amendment, and no citizen should be worried they will go to jail for expressing an unpopular opinion. Marc Randazza also believes it is unacceptable to react violently toward individuals expressing their opinions or opposing those of other people.

As a devoted defender of the First Amendment, Marc Randazza has dedicated the majority of his professional life to representing clients who have had their First Amendment rights violated. Marc Randazza believes that events such as a woman being sent to the jail after laughing at a politician during his speech or a journalist being suppressed for their critical writing are the first signs of the appalling shift to authoritarianism and dark times.

The First Amendment wasn’t created to protect people from criticism: especially public figures and those who have access to the power. It is designed to generate the opposite effect. It’s supposed to give each idea a chance to be expressed. This “market place of ideas” allows people to decide for themselves which idea is accurate.

Even when someone’s opinions are ugly, and even if the majority of people views an opinion as ‘unacceptable’, the First Amendment is there to protect each individual’s right to free speech and expression.

Explore stories written by Marc Randazza:

1. Article by Marc Randazza on CNN: “Jail for laughing protester is an outrage”

2. Posts by Marc Randazza on Techdirt.

Infowars.com Videos:

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