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Violation of Rights in America

According to Wikipedia, freedom of speech is: protected by the First Amendment to


the United States Constitution and by many state constitutions and state and federal laws, with
the exception of obscenity, defamation, incitement to riot, and fighting words, as well as
harassment, privileged communications, trade secrets, classified material, copyright, patents,
military conduct, commercial speech such as advertising, and time, place and manner
restrictions. As Americans, we hold this freedom to be one of our greatest rights and revel in the
opportunities we have to showcase them. Every amendment from the United States Bill of Rights
establish an idealistic model for the American public in the vision of liberty and prosperity that
our founding fathers tried to create, but as of lately these rights have been proven to be denied
and neglected. The most important of these forgotten rights include Freedom of Speech, Freedom
of Assembly and Freedom of Possession. The government has placed limits on the ability to
express our freedoms and justified their actions into certain circumstances for their own
authoritative benefit. Even Americas youth are treated unfairly with the absence of rights
through the Board of Education at public schools and the requirement of drug testing for drivers
licenses. Every move by the federal government exhibits theyre growing control over the
American people and the freedoms we lose as a consequence of citizenship.
Occupy Wall Street has been an ever-growing protest of the federal government and the
power of the wealthy or the 1 percent. These thousands of protestors around in the country
have relentlessly camped out in Zuccotti Park and populated various other areas of the city in
hopes of making a difference, gathering more people and showing the wealthy that theyre going

to take a stand for justice. Ever since these protests and demonstrations have started, the powers
of New York and of the government have tried to silence them. The media, which usually plays a
huge role in alerting the public of groundbreaking news, has refused to show coverage of the
mass progress the occupiers are making and mayor Bloomberg himself has forced the defenders
of the 99 percent out of Zuccotti Park and arrested hundreds on unfair grounds and supposed
health violations. Even President Obama has decided to take a spectator role in the protest and
allow the protestors to repeatedly be denied their right to assemble and speak by the harsh use of
police enforcement and unconstitutional laws. Truman, a spokesperson from the Irregular Times,
said, Americans have the right to assemble. The forced shut down of the Occupy Wall Street
protest has violated that constitutional right. Americans have the right to free speech. The forced
shut down of the Occupy Wall Street protest has violated that constitutional right. Americans
have freedom of the press. When the New York Police Department locked up journalists in a
holding pen and blocked off their view of the shut down and arrests, they violated that
constitutional right. Occupy Wall Street is currently being watched, observed, and supported by
fans all over the world, yet the government is far from fearful of obscuring American rights on a
worldwide viewpoint. Its shocking how freedom of speech and assembly have been threatened
on a topic where the rest of the world is watching and the government still decides to do nothing
and say nothing.
A warrantless search, a crime that has been supposedly curbed by the 4th Amendment, is
one of the biggest violations of public freedoms today. The 4th Amendment states, The right of
the people to be secure in their persons, houses, papers, and effects, against unreasonable
searches and seizures, shall not be violated, and no warrants shall issue, but upon probably

cause1 yet the government still finds ways to exert their power and overcome the Bill of
Rights. A prime example would be the forfeiture law, a law that enables officers to search
motorists and destroy homes, boats, cars, airplanes and business in search of possible drug
possession. The law is in fact an excuse for police to harassingly search anyone they suspect
without being questioned or provide any source of evidence for their speculations. One may
argue that in modern day America its necessary to break rules in order to control illegal drug
trafficking and to ensure the safety of the American people, but the truth lies within the files of
the federal government. Marijuana, a drug that has been illegal in America since the 1930s, is
constantly being brought into the country via drug lords and other countries. When the American
government realized that they could make little revenue off of the sale of marijuana due to
smuggling, they make it illegal. For years the government has tried to convince the public that
weed is illegal because of the harmful effects it has on the users, but alcohol, a substance that has
heavier bodily consequences remains legal and taxed. So in fact, the reason why the drug is
illegal is because the government cant make any money from it. Its sickening how America
uses the drug war as an excuse to violate and decapitate homes.
The Board of Education is completely power hungry in its undisputed control of New York City
kids. Students give up their rights the moment they apply for public schools with the strict
regulations of dress codes and of the student handbook. Students are limited on what they are
allowed to read, write and say within the public school building and the court ruling of
Hazelwood School district vs. Kuhlmeier proves that. In that case, 3 students including Cathy
Kuhlmeier had their articles deleted from the school newspaper on grounds of holding
inappropriate material. According to the court ruling, Educators did not offend the First
1 US Government Printing Office. The Constitution of the United States. 24th ed. DC,
2009. Print.

Amendment by exercising editorial control over the content of student speech so long as their
actions were "reasonably related to legitimate pedagogical concerns."2 The ruling is an obvious
example of the government trying to take advantage of Americas youth and control how we
think and what we say. Students should have the right to freedom of speech and press; even
within the walls of the school buildings.
The federal government abuses its power especially in times of warfare. In the case of Schenk vs.
America in 1919, the court ruled that Schenks anti-draft pamphlets were presenting a clear
danger to the American public. The real issue was that Schenk decided to stand up for what he
believed in and share his views about the injustice of war. Schenk didnt want to fight and
believed that draft cards were unconstitutional. The moment the government saw that someone
was exempt from their efforts of brainwashing though the media, they feared that other people
will follow the same path. According to the 1st Amendment, Congress shall make no law
abridging the freedom of speech, or of the press and to petition the Government for a redress
of grievances. Schenk was simply expressing his freedoms given to him by the Bill of Rights and
the fact that he lost provided for a lineage of violations made by the federal government in
regards to freedom of speech during wartime.3 It was unfair how Schenks freedom of the press
was denied because of his opposing views of the government and his pro stance on peace.
Americas history is based upon years of oppression and denial of basic human rights. These eras
include the womans rights movement, the civil rights movement and the most current movement
2 White. "Hazelwood School District v. Kuhlmeier." The Oyez Project at IIT ChicagoKent College of Law. Oyez Inc., 13 Jan. 2012. Web. 14 Jan. 2012.
<http://www.oyez.org/cases/1980-1989/1987/1987_86_836>.
3 US Government Printing Office. The Constitution of the United States. 24th ed. DC, 2009.
Print.

for the lesbian, gay, transsexual and transgender group. These people had to fight for their
freedoms and the same problem of denial of freedoms listed in the constitution still lies today.
The government has been allowed to deny fighters of freedom their right to speak, assemble, and
publish through the stories of Occupy Wall Street, Schenk vs. America and Hazelwood School
District vs. Kuhlmeier. We as citizens of America need to work together to fight for the rights
that were taken away from us and sculpt our country into the land described in the words of the
constitution.

Works Cited

Truman. "Obama Turns His Back On Occupy Wall Street And Constitution | Irregular Times."
Irregular Times. Irregular Times, 16 Nov. 2011. Web. 14 Jan. 2012.
<http://irregulartimes.com/index.php/archives/2011/11/16/obama-turns-his-back-on-occupywall-street-and-constitution/>.

US Government Printing Office. The Constitution of the United States. 24th ed. DC, 2009. Print.
White. "Hazelwood School District v. Kuhlmeier." The Oyez Project at IIT Chicago-Kent
College of Law. Oyez Inc., 13 Jan. 2012. Web. 14 Jan. 2012. <http://www.oyez.org/cases/19801989/1987/1987_86_836>.
Wikipedia. "Freedom of Speech in the United States." Wikipedia, the Free Encyclopedia.
Wikipedia. Web. 14 Jan. 2012.
<http://en.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States>.

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