Eleanor Finch
The First Amendment to the US Constitution, ratified on December 15, 1791, includes protections for freedom of the press. It states that Congress shall make no law...abridging the freedom of speech, or of the press. The amendment has been interpreted and reaffirmed through Supreme Court decisions, including landmark cases such as Gitlow v. New York in 1925, which upheld the right to free speech and a free press while setting limitations. The press is generally understood to have heightened constitutional protections due to its role in disseminating news and information, and courts have ruled that laws specifically targeting the press may violate the First Amendment.
| Characteristics | Values |
|---|---|
| Date of proposal | September 25, 1789 |
| Number of amendments proposed | 12 |
| Number of amendments ratified | 10 |
| Date of ratification | December 15, 1791 |
| Name of the first 10 amendments | Bill of Rights |
| Name of the first amendment | First Amendment |
| What it protects | Freedom of speech, religion, the press, and making complaints and requests to the government |
| What it prevents | Congress from making laws respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the press, assembly, or the right to petition the government for redress of grievances |
| What it encompasses | The two big arenas of religion in constitutional law |
| What it guarantees | Freedom of speech and of the press, including the liberty to discuss publicly and truthfully all matters of public concern without fear of punishment |
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What You'll Learn
The First Amendment
- Freedom of Religion: Congress cannot make any law respecting an establishment of religion or prohibiting its free exercise.
- Freedom of Speech: It protects the freedom of speech, which has been expanded significantly in a series of 20th- and 21st-century court decisions to include various forms like anonymous speech, political speech, campaign finance, pornography, and school speech. However, commercial speech is less protected and subject to greater regulation.
- Freedom of the Press: The Free Press Clause safeguards the publication of information and opinions across diverse media platforms. The Supreme Court has ruled that the First Amendment protects against prior restraint or pre-publication censorship.
- Freedom of Assembly: People have the right to peaceably assemble.
- Right to Petition the Government: Individuals are guaranteed the right to petition the government for a redress of grievances, which was also a principle in the 1215 Magna Carta.
While the First Amendment only applies to state actors, there is a common misconception that it prohibits all entities from limiting free speech. Additionally, the Supreme Court has clarified that the protection of speech is not absolute and has outlined specific exceptions to First Amendment protections.
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Freedom of the press
The First Amendment to the United States Constitution, ratified on December 15, 1791, includes freedom of the press as one of its provisions. The First Amendment prevents Congress from making laws that abridge freedom of the press, alongside freedom of speech, freedom of religion, freedom of assembly, and the right to petition the government. The text of the amendment is as follows:
> "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."
The Supreme Court has interpreted the First Amendment as protecting the freedom of all Americans to speak and publish without interference from any branch or section of the federal, state, or local governments. This interpretation was affirmed in the case of Thornhill v. Alabama (1940), where the Court stated that the freedom of speech and of the press guaranteed by the First Amendment includes "at the least the liberty to discuss publicly and truthfully all matters of public concern, without previous restraint or fear of subsequent punishment."
The First Amendment was proposed by the First Congress of the United States in 1789 as one of twelve amendments to the Constitution. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, forming what is known as the Bill of Rights. The First Amendment has been interpreted by courts and legal scholars as protecting the free discussion of governmental affairs and preventing government interference in the press.
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Freedom of speech
The First Amendment to the United States Constitution, ratified on December 15, 1791, is primarily recognised for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. The text of the amendment 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."
The First Amendment guarantees freedom of speech and freedom of the press, ensuring that all American speech is protected from interference by any branch or section of the federal, state, or local governments. This includes the liberty to publicly discuss all matters of public concern truthfully, without fear of punishment or restraint.
The First Amendment also encompasses the two major arenas of religion in constitutional law. The first clause prohibits any governmental "establishment of religion", while the second prohibits any governmental interference with "the free exercise thereof".
The Eighth, Ninth, and Tenth Amendments also touch on the rights of citizens. The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishments. The Ninth Amendment ensures that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment reserves powers not delegated to the United States by the Constitution to the states or the people.
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Freedom of religion
The First Amendment to the U.S. Constitution, which was proposed in 1789 and ratified in 1791, includes two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing a religion. Historically, this meant prohibiting state-sponsored churches, such as the Church of England. Today, the definition of "establishment of religion" is often governed by the three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman (1971).
The Free Exercise Clause prohibits the government from prohibiting the free exercise of religion. This clause ensures that individuals are free to practise their chosen religion without government interference.
Together, these clauses protect religious freedom in the United States by preventing the government from establishing an official religion or favouring one religion over another, while also ensuring that individuals are free to practise their religion without hindrance.
The First Amendment's protection of religious freedom has been the subject of numerous court cases over the years, including Engel v. Vitale, which dealt with religion in schools and the Establishment Clause. The First Amendment's guarantees regarding religion have been interpreted and analysed by the Supreme Court, which provides guidance on the application of these principles in modern society.
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The right to assemble
The First Amendment to the US Constitution, which was one of the first ten amendments ratified in 1791 and forms the Bill of Rights, includes the right of the people to "peaceably assemble". This is also known as the Freedom of Assembly and is considered one of the "six necessary ingredients for democratic self-government".
However, it is important to note that the right to assemble does not grant individuals the freedom to assemble for illegal or violent purposes. The key term "peaceably" in the First Amendment indicates that the assembly must be non-violent and conducted in a peaceful manner.
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Frequently asked questions
The First Amendment to the Constitution was ratified on December 15, 1791. It is most commonly recognized for its protection of the freedom of speech, religion, the press, and making complaints and requests to the government.
The First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press".
The First Amendment's protection of the press is deeply rooted in the commitment to democracy. It plays a critical role in gathering and disseminating information and acts as a check on government power.
Yes, the Supreme Court has set forth various permissible limitations on the press. Generally applicable laws that incidentally affect the press may not violate the First Amendment, but laws specifically targeting the press or treating different media outlets differently may do so.
Yes, several court cases have addressed the First Amendment's protection of the freedom of the press. Notable examples include Gitlow v. New York (1925), Grosjean v. Am. Press Co. (1936), and Associated Press v. NLRB (1937).
