As the title suggests, this thesis is about the First Amendment to the United States Constitution and about development of its interpretation from its inception to present day. Over the years, the interpretation of the First Amendment has drastically changed, causing a shift from restrictive views on free expression towards almost absolute freedom. Today, freedom of expression and religious freedom, both of which are included in the First Amendment, play a significant role in preserving democracy while strengthening its core pillars not only in the United States, but in other modern nations as well. The inclusion of the First Amendment into the world's oldest written constitution has influenced the concept of free expression and religious freedom in the laws of many foreign countries. According to some scholars, the current level of constitutional protection guaranteed for free expression in United States is too high and does not correlate with what the framers of the constitution had intended on upon drafting the First Amendment. However, it comes as no surprise that higher standards of protection from governmental intervention regarding guaranteed freedom in the First Amendment consequently results in the betterment of society. Throughout the text, I will aim to answer every major question...

in English The First Amendment to the United States Constitution and the development of its interpretation The aim of the paper is to analyze the First Amendment to the United States Constitution. The main reason for my research is my long-term personal interests in the fields of law which are covered by the First Amendment. The thesis is composed of an introduction, six chapters and a conclusion. The study begins with the introduction where it is discussed methodology, my motives for choosing this topic, importance of the topic and potential contribution of this thesis to the Czech legal science. Chapter One examines historical roots of the First Amendment's rights and freedoms. It focuses on their development both in the England and in its American colonies. It tries to find main tendencies contributing to reasons for adopting rights and freedoms embodied in the First Amendment. Chapter Two concentrates on the main political and legal events involving adopting the First Amendment, and then it attempts to find a proper interpretation of the First Amendment using both historical and teleological approach. The second chapter also discusses the scope of the First Amendment. The chapter ends with the examination how external factors (such as legal philosophy or politics) influenced the decision making...

1 Abstract Thesis title: Hate speech throughout the continents The aim of this thesis is to shed light on standings and rulings of the United States Supreme Court and the European Court of Human rights in hate speech cases. It defines the term "hate speech" and presents grounds used for its restrictions when it comes to freedom of expression. Through introducing established principles that govern the decision-making of both courts and analysing them in key judgments on both continents, the author is trying to determine possible alterations that may lead to enhancing the protection given by hate speech case-law. The author also analyses historical and social impact on the case-law of both the Supreme Court and the ECHR and finds that this influence has led to establishment of crucial principles without which the hate speech cases could hardly be decided today. Both historical and social factors lead the author to the conclusion that the protection against hate speech could still use a tune-up. In author's point of view, the Supreme Court should ease the grip on the First Amendment and give the "true threats" principle, established in Virginia v. Black, leave to prohibit not only intimidating expressions but harmful expressions as well - both physical and mental. The Supreme Court should also strengthen the...

In this thesis deals with the issue of prohibition of alcohol. At the beginning of the work are discussed theoretical approaches to the prohibition of alcohol across the major authors of the economic community . Then I deal with the prohibitive measures in several countries. In these two examples, a detailed study of the causes , course and consequences of prohibitive measures are implemented . For example serves two major experiments in this area , is the first of Prohibition in the United States of America (USA) , second prohibition is almost unknown in Tsarist Russia, respectively . in the Union of Soviet Socialist Republics ( USSR). At work I have carried out a detailed study of the causes of prohibition in relation to the U.S. when I consider the prohibition of the years 1920-1933 for determining the direction of the legislative creation of Americans that influences the legislative power to this day. In the case of Prohibition in Russian countries I concentrated course , because unlike Prohibition in the U.S. was an administrative directive measures. In my work, I have proved that prohibitive measures nationwide scope of the pre- reliant to fail if they are not accepted by the general public . Under other circumstances, lead to circumvention of the law and the growth of crime. I am also on the basis of the findings refute the commonly accepted view that the prohibition in the USA in the years 1920-1933 was an absolute failure. The failure was undoubtedly related to the political point of view , however, if one takes into account the health impact on society, according to statistics reported for 1933. Prohibition changed the culture of the society as alcohol consumption , when the company moved from the bars and streets of privacy. Repeal of Prohibition was a logical step in the new circumstances on the 1930s

The Fourteenth Amendment to the United States Constitution and the evolution of its influence as a result of judicial interpretation Abstract The thesis analyzes the Fourteenth Amendment to the United States Constitution and the changes in its understanding resulting from its interpretation by the Supreme Court of the United States throughout the years since the ratification of the Amendment. The thesis discusses every section of the Fourteenth Amendment, but the highest attention is dedicated to its most significant first section and the clauses contained in it; the citizenship clause, the privileges or immunities clause, the due process clause and the equal protection clause. The debates of the 39th Congress are discussed as well, as they offer an insight to the original understanding of the terms used in the text of the Amendment and allow to understand the context of its origin. The evolution of the Amendment's influence is then analyzed through a number of historical eras that reflect the ever-changing composition of the Court and the decisions stemming from it. The thesis tries to outline the most likely original meaning of the Amendment's clauses and compare it to their interpretation by the Supreme Court which makes it possible to observe the Amendment's gradually growing influence on american...

The relationship between the state and religious communities in the USA Abstract The purpose of this thesis is to introduce the relevant aspects of the relationship between the state and religious communities in the United States of America. The focus of the thesis lies in the introduction of the development of interpretation of both religious clauses of the First Amendment to the U.S. Constitution by the Supreme Court, especially in the 20th century. This thesis aims to show, how both religious clauses, even though they were created to serve the same purpose, are in some cases interpreted in a contradicting way. The thesis also elaborates on religious freedom in the sensitive environment of armed forces, as the soldiers depend totally on services provided to them by the government. In the final part, the thesis introduces certain exceptions from the generally applicable legal provisions for the churches and religious legal entities, as well as recent development from the perspective of admitting religious freedom to business corporations. Keywords: freedom of religion, Constitution of the United States, First Amendment, churches, Supreme Court, USA

This thesis entitled The Issue of Race in the Jurisprudence of the Supreme Court of the United States: The Evolving Interpretation of the Equal Protection Clause analyses the jurisprudence of the Supreme Court of the United States concerning Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States, in particular the following decisions: Plessy v. Ferguson, Sweatt v. Painter, Brown v. Board of Education, Topeka, Regents of the University of California v. Bakke, Grutter v. Bollinger, Gratz v. Bollinger, Fisher v. University of Texas and Schuette v. Coalition to Defend Affirmative Action. The analysis of the above- mentioned decisions illustrates the evolution of the philosophical background of the Supreme Court. After the Second World War, the natural-law legal philosophy began influencing the Justices and slightly overshadowed the positive-law current that was predominant in the pre- War era, in particular in the 19th century. This new philosophical background of the High Court help to constitutionally entrench the affirmative action policies by Justice Powell's opinion in Bakke and particularly by Grutter. However, the natural-law current has never become as dominant as the positive-law one in the 19th century, and as shown in Grutter's companion case of Gratz...

Diploma thesis "The development of legal, political and social aspects of obscenity in the USA" focuses on the historical development of the basic definition of obscenity, highlights the long and difficult process of its formulation and presents crucial decisions of the Supreme court. It also briefly summarizes chief arguments supporting or rejecting censorship on the grounds of obscenity. This work also provides with a general overview of legislature concerning obscenity in the United States and concisely presents some interest groups, which are actively fighting against obscenity/ indecency or for the protection of the freedom of speech. Furthermore, the work also focuses on the work of the Federal Communication commission and gives an overview of its rulings regulating obscenity and indecency in broadcasting media. Finally, this work also introduces the Nipplegate scandal and concentrates on the developments after it.

Freedom of expression is a fundamental human right which is important not only for the intellectual integrity of an individual but also for the healthy development of the whole society. The work represents both general arguments for freedom of expression and codification of freedom in two different legal cultures. In the United States the freedom of expression is protected by the First Amendment of the Constitution, which complements the rich jurisprudence of the Supreme Court of the United States. In Mexico, the right is regulated in Article 6 of the Constitution. The work shows how both countries reached the current legislation on the basis of examination of legal developments and cultural values. The values of the societies are presented on the basis of Hofstede's cultural dimensions. The core of the thesis is to compare the legal limits, which is made primarily on the basis of judicial practice of the Supreme Courts of both countries. Emphasis is placed on four main areas which are related to freedom of speech: (i) fighting words including hate speech, (ii) symbolic speech, (iii) obscenity, and (iv) defamation. In addition to the legal limits the work interprets also the most significant actual limits in both countries. Finally, the author examines the relationship between freedom of expression and...