The First Amendment: What Would We Do Without It?

by Amira Anuar, West Haven High School
Third Prize in the 2007 Center for First Amendment Rights
2007 High School First Amendment Contest

"Our house will have a second floor made entirely of glass," he announced, adjusting the headpiece so he could hear his fiance more clearly.

"We won't be able to have a bathroom on that floor," Kiyya replied jokingly, using her shoulder to press the phone against her ear as she replaced a book on a high shelf. "Our decorative bath and shower will have to be built on the third story."

"I suppose that would be the only room not made of glass," Skye replied thoughtfully. "Wouldn't it be awesome to have a courtyard too? And a movie room built like a mini theater."

"And we can have our own library filled with books upon books," Kiyya said dreamily, tracing her finger along the spines of the novels on her shelf.

Skye laughed. "Sorry Kiyya, most of the books will have to be nonfiction. You know the laws against certain types of stories. The very ones you adore are the ones they ban."

"The law is stupid," Kiyya declared.

"Your mind will change after I tell you my plan to earn the money for our dream house."

"Don't tell me you're going to become one of those Freedom Policemen, arresting people who supposedly overstep their rights to speech, press, assembly, petition, and religion. I know they make a good living, but I could never bring myself to marry someone who stood for the very things I'm against."

"That's not what I meant," Skye assured her, knowing even through the phone that her face expression was a mix of disgust and confusion. He spoke quickly before she could immediately close her mind to any of his ideas.

"Fifteen years ago in 2007, the First Amendment to the Constitution was repealed. The government finally realized that giving citizens too much freedom was a threat to national security. They -"

"Too much freedom? I'm hanging up if you're going to continue siding with government, Skye. That's -"

"Hold on," Skye interrupted. "Before 2007, the United States was a country of chaos. People could burn flags. Books of witchcraft and evil were allowed into school libraries. There was no control and the country would surely be in ruins if the law had not stepped in."

"Before 2007, people could practice whatever religion they wanted," Kiyya argued. "They could write about anything they wished. Back then we would have had the right to petition the government if we were unhappy with them. Now, we would get arrested. As for flag burning, I still believe it is the right of anyone to express symbolic speech, as the U.S. Supreme Court ruled in 1989 in Texas v. Johnson. The Pico case was essential to students being exposed to all types of literature. We've had this argument before -"

"That's exactly where I got my idea," Skye countered. "Not yet has anyone written a book about the history of the First Amendment and its historical repeal. I plan on being the first. It's the perfect nonfiction story - a few chapters describing our country under the First Amendment, then a few chapters of how the government came to its senses and chose to limit the freedoms of U.S. citizens. The ending will consist of the many arguments we've had in this matter."

"Good. Incorporate my thoughts on important cases like Pico v. Island Tree School District and Texas v. Johnson and how their decisions should have never been reversed," Kiyya said, sitting down in an armchair as she switched the phone to her right ear.

"Of course," Skye replied, pleased to gain her approval. "Essentially though, my arguments will end up winning. The point of this book is to convince anyone with nostalgia for the First Amendment that our country is better off without it."

"Anyone? As in me?" Kiyya muttered resentfully.

"Well, I've tried to convince you time and time again, but you're so stubborn..."

"Me? I'm the one who's stubborn? You know all those movies you so adore? Well, in 1952, the Supreme Court ruled in Joseph Burstyn, Inc. v. Wilson that case decided that provisions of a New York censorship law were a restraint on free speech. This case defined film as an artistic medium, one protected by the First Amendment. I'm sure many movies you own would not have been produced if it weren't for that case. I'm also sure you'd have many more in that collection of yours if that case decision had not been reversed fifteen years ago."

"I'm satisfied with my movie collection, Kiyya, and not regretful at all that their production is closely watched and censored when necessary. As determined in the case Mutual Film Corporation v. Industrial Commmission of Ohio in 1915, movies can be used for evil and must be reviewed and approved. The creation of moving pictures is simply a business made for profit, not some far fetched freedom."

"That's idiotic. Are you for racial segregation as well?" Kiyya asked coldly.

"No!" Skye answered, startled. "Why would you say that?"

"Right to assembly," Kiyya said. "That right was the foundation for the civil rights movement of the 1950s. The assemblies carried out by the people were peaceful and raised public awareness. The First Amendment was necessary to allow people the freedom to express their beliefs about equality and integration. So tell me, are you against that?"

"Do you support a group of people being singled out and threatened for their beliefs, through an assembly?" Skye asked, grinning.

"Of course not, I -"

"Do you remember what happened in Skokie, Illinois in 1977? Members of the Nationalist Socialist Party of America, part of the American Nazi Party, wanted to march through Skokie. The city banned these demonstrations, but citing the freedoms of the First Amendment, the NSPA was able to obtain the right to march. In the end, they didn't, but can you imagine the uproar? At the time, the Jewish population in Skokie was huge. I highly doubt that they would have been happy that the First Amendment allowed Nazis to march through their town, representing a group that historically persecuted Jews."

"Fair enough," Kiyya said. "I doubt that you can think of an argument against the freedom of religion. State and church should be separate to have a happy country, but now the Freedom Police won't allow people to practice their religion if it even slightly interferes with federal law. People are forced to practice in private."

"Religion creates splits within a society," Skye argued. "They create undercurrents of hatred and resentment. Not to mention that many religions are so extreme that their practices involve killing people. Remember the planes crashing into the Twin Towers in 2001? That was a result of Islamic beliefs. The First Amendment allows people to practice their religious beliefs, but what if they advocate murder?"

Kiyya was silent for a moment before exploding. "Who are you to say that it was a result of Islamic beliefs? If it weren't for the freedom ban, I would be following in my parents' footsteps and practicing Islam! I know for a fact that the religion doesn't constitute killing innocents, and that is just proof that you need to get your facts straight. Before 2007, there was a balance between church and state. People could practice their religions freely as long as it didn't interfere with the law. Now, the topic has been banned from schools, children are uninformed and taught only what the government decides, and people are suppressed from practicing their beliefs. How can you be so blind?"

There was a sudden click, and a dial tone.

Skye took off his headset, shaking his head in frustration. He sighed, and then walked towards his word processor.

Kiyya dropped the phone to the floor, pulling up her legs around her and hugging them. She stared fondly at her bookshelves, secretly filled with books that were not supposed to exist. "He doesn't get it, but he does have a point," she muttered to herself. "People need to know, and if I help him, I can at least get some of my views out there."

She sighed, waited a few minutes, then bent down and retrieved her phone.

~*~ One Year Later ~*~

"At this point, we will definitely have enough money to pay for that floor made entirely of glass," Kiyya said excitedly as she punched numbers into her calculator and wrote numbers down.

Skye chuckled; Kiyya's enthusiasm in the calculations was obvious even over the phone.

"Not so sure if we'll have enough for that movie room. I'd much rather have a library," she added.

"I told you you wouldn't regret writing this book," Skye teased. "Everyone's buying it; everyone wants to read The Rise and Fall of the First Amendment."

"I still don't like the book," Kiyya reminded him. "The conclusion goes against my own opinions. The First Amendment was not a mistake."

"One second Kiyya, someone's knocking on the door. Hold on, they're knocking down the door!"

"Skye? Who's knocking down the door?"

"Them! It's -" His voice was cut off as Kiyya suddenly heard shouting in the background. She could hear Skye resisting, yelling at the intruders to get away. In a panic, she gripped the phone so tightly her knuckles hurt.

"Skye! Who's there? What's happening? Answer me!"

"Freedom Police!" Kiyya barely made out those two words, before she heard a muffled gasp and all was silent.

"Skye? Are you there? Hello?" She screamed into the phone, frantic.

"Hello." Kiyya tensed. This was a voice she'd heard too many times on the television. The voice of the Freedom Police Captain. "We are sorry to inform you that your acquaintance Skylar Brown has been apprehended for committing crimes against the government."

"What crime?" Kiyya choked out, trying to stay calm.

"He is the writer of The Rise and Fall of the First Amendment. We have determined this book does not meet the reading criteria set by the government. In writing this book, he has committed a major crime and must be punished severely. Goodbye."

There was a sudden click, and a dial tone.