First Amendment to the Constitution

Date:

David Conde, Senior Consultant for International Programs

One of the ironies and contradictions of this election season is the Republicans branding of Democrats as Communists. Given the history of the Cold War and our internal political response to it, the word Communist still echoes the powerful punch it used to have when just the accusation ended people’s careers of every kind. 

Ironically, the same people that accuse others of being Communists, led by the President of the United States, are treating the Chinese leadership who represents the most powerful Communist dictatorship in the world, with kneeling worship, respect and adoration. The Chinese press that is an extension of the Communist regime is given the run of the White House while the President violates the First Amendment rights of America’s press by forbidding important elements of the media from stepping on its grounds.

It is weird to see the lavish function in honor of the Chinese Communist leadership being covered mainly by the Communist press. Perhaps those in charge need a lesson on the history of of the Bill of Rights that guarantee personal and institutional freedom from government oppression. 

The Bill of Rights includes the First Amendment. Its 5 core values incorporate freedom of the press, a foundational construct that is being violated.

The United States Constitution was officially ratified on June 21, 1788. However, many in positions of political power felt that there were certain rights that had to be spelled out in order to assure protection against government overreach that could lead to tyranny. 

James Madison, a Representative from Virginia to the United States Congress who initially opposed any changes to the Constitution, nevertheless wrote the draft of 19 Amendments and presented them to the floor of the First Congress on June 8, 1789. After debate and congressional votes, 12 Amendments were approved to be sent out to the states for ratification. 

Ratification of 10 of the 12 Amendments was achieved on December 15, 1791. Of the other 2, one was never ratified and the other was ratified as the 27th Amendment to the Constitution on May 7, 1992. 

The 10 initially ratified Amendments became known as the Bill of Rights for their language about personal guarantees. The First Amendment appears to be the most powerful because it protects 5 core values from government interference that include freedom of speech, religion, press, assembly and petition for redress of wrongs.

Without the First Amendment core values we would not have had the exercise of public pressure to allow women to vote, stop the “forever war” in Vietnam or carry out the civil rights legislation that changed the country. Without the Bill of Rights and particularly the First Amendment, the Constitution would not have the same merit as the guardian of democracy.

I most experienced the Chicano Movement within the context of the First Amendment and its five principles. Being able to come together and tell the world that we were here, would be heard and would not leave was the major reason for the turnaround of the community and its visibility on the national scene.

As a college administrator, I remember looking for extra money in our student affairs budgets to increase the funding of our college newspaper that, at times, was attacked for publishing stories that were not well received. However, it is the task of responsible journalism to release the news, no matter how inconvenient.

By the way, there is no such thing as “fake news” in responsible journalism. Also, demonizing news agencies is the act of a fragile ego.

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