1st Amendment

“Freedom of Speech” rights vs “Fair Trial” rights

Abstract

This essay addresses the First Amendments’ “freedom of speech” rights and the “fair trial” rights specified in the Fifth, Sixth, and Seventh Amendments.   The First Amendment guaranteed citizens the five basic freedoms:   freedom of religion, freedom of speech, freedom of the press, freedom to assemble, and the freedom to petition the government to remedy grievances.   The Fifth Amendment established the rights to the Due Process of Law.   The Sixth Amendment granted citizens the right to a fair trial and a jury trial.   The Seventh Amendment guaranteed the right to trial by jury in federal civil court cases.   All of these amendments had a profound impact on healthcare in the past, present, and the future.

Freedom of speech in the United States is protected by the First Amendment to the United States Constitution.   The First Amendment was adopted on December 15, 1791 and 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 peaceable to assemble, and to petition the Government for a redress of grievances” (U.S. Constitution).   Basically, this amendment ensured that all American citizens receive the five basic freedoms: freedom of speech, freedom of religion, freedom of the press, freedom to assemble and freedom to petition the government to remedy grievances.
Freedom of speech began in the colonial times. In those times, English speech regulations were restrictive and the common law of seditious libel made criticizing the government a crime.   During the colonial period, controls that censored speech were outlawed, if it was blasphemous against the church or religion.   The colonists’ freedom of speech grew drastically from 1607 to 1700.   However, in 1735, John Peter Zenger was tried for seditious libel for criticizing the governor of New York. His attorney...