The 1st Amendment forbids Congress from enacting laws that would regulate speech or press before publication or punish after publication. At various times, many states passed laws in contradiction to the freedoms guaranteed in the 1st Amendment; whereas the people of the United States claim to be protected by the amendment but rather contradicts themselves and pass off on a certain belief rather than what the government legislates. Publication of pornography, abortion, and Gay rights are common references to the First Amendment and its limitations. The amendment’s duality sparked the controversies surrounding pornographic publications, abortion, and gay rights. The First Amendment protects the liberty and freedom of residents of the United States therefore the publication of pornography, abortion, and gay rights should be protected by the amendment’s legalities; regardless of religious and popular beliefs.
Pornography has been the topic of discussion in the court systems for years. Many would like to see legislation against it and software to filter it. The problem is it is not that easy and making laws against it would pose an issue against the First Amendment. There have many issues brought up on the grounds that it is demoralizing to women and is filth for the eyes of children. However, there are far worse things children have been exposed to; such as violence, drugs, and etcetera. Freedom of press was created to protect any publication and its content. Pornography is protected by this rule however modified so it would only be accessible to the proper audience. An There are numerous reasons why the government is having trouble putting restrictions on pornography. As Cynthia Stark states in Social Theory and Practice," just because some find certain materials offensive is not a sufficient reason for restricting those materials." There has to be proper grounds for making such laws to prevent pornography distribution because either way you look at it, it goes against the free speech laws of the First Amendment. There is not any harm done by pornography. As stated before, pornography is not harmful to anyone if distributed correctly, as pornographic work can help people in reassuring their preference about sexuality. Essentially, the publication of pornography should be under the provisions of the First Amendment under certain limitations, as its censorship would be in complete violation of the Amendment.
As stated before, the Amendment protects the liberty of its people. It should be applied for women who choose to abort. Abortion is one of the greatest controversial issues facing the United States and the rest of the world. Abortions are usually/believed to be used if a woman has been a victim of rape, incest, and/or if the woman’s life is in grave peril. These issues referenced, women should be given the privacy of their personal life, wherein abortion falls in category. If the Supreme Court holds a case against a woman and her choice for abortion, the Supreme Court has violated a woman’s right to privacy, which is protected by the 14th Amendment to the Constitution and by several parts of the Bill of Rights. The 14th Amendment in the Constitution states, “no State shall deprive any person of life, liberty, or property, without due process of law”. Depriving them of an abortion would be depriving them of possible life and property (if you consider an unborn baby property of the mother). The court said that states may not interfere with a woman’s decision to have an abortion. For example, in the Roe v. Wade 1973 case, “Her life did not appear to be threatened by a continuation of the pregnancy, so no legal abortion was possible in Texas”. If a woman wants to abort, she should have full responsibility for her choice as it is her unborn baby (could be interpreted as property from a legal standpoint). With the plethora of privacy issues facing courts, the time for an amendment specifying the inalienable right to privacy is needed. No other factors should stop the woman from aborting, a man simply cannot choose for the woman to abort or not. Women’s privacy and liberty should be respected by anyone, as the 1st and 14th amendments legally protect a woman’s liberty and privacy over her life, regardless of outside interference.
Homosexuality, such an issue causing uproar in the United States, or any part of the world for that matter. Should gays have the same rights of equity in property and practice as exist in heterosexual communities? Absolutely. If the constitution promises equality before the law, there is no justification that clears right for any member of our society. Homosexuals are seeking for equal rights, not special rights. The 1st amendment clearly states “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; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Sexuality is a form of speech, homosexuality should not be excluded. Also, the first section of the 14th amendment clearly states “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” A gay citizen of the United States cannot be denied equal rights; especially a right to liberty or property. A famous case, Lawrence v. Texas, started because of a supposed “weapons disturbance” in a private residence. However, Tyron Garner and John Lawrence were engaging in an intimate sexual conduct and was arrested at Lawrence’s Houston apartment. This was clearly in violation of the 14th amendment as a Texas statute forbid two persons of the same sex to engage in sexual conduct. However, the case was won by Lawrence as “the Texas statute making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause.” Treating people fair seems to be a goal of the constitution. Instead, America is relying on social norms not laws, to ensure that people are treated fairly. Homosexuals should be given the same exact rights and liberty as Heterosexual citizens, regardless of sexual preference rather than social standpoints.
After consideration of pornography, abortion, and gay rights and their protection by the 1st Amendment, it is logical to conclude that regardless of social standings, these controversial issues are under the provisions of the 1st and other amendments. Whether it’s a gay man asking for his right to marry, a man enjoying his pornography tools freely, or a woman aborting her child due to certain circumstances, these are all citizens of the United States, ultimately giving them protection for their liberty, freedom, and rights.