Simone Lawson
The Constitution of the United States guarantees various freedoms that allow citizens to live their lives according to their own consciences. The first ten amendments to the Constitution, known as the Bill of Rights, were added to limit government power and protect individual liberties. These include the freedoms of speech, religion, assembly, and the right to petition the government. The Fourth Amendment protects citizens' rights to privacy, while the Second Amendment protects the right to bear arms. The Ninth Amendment states that citizens also have rights that are not explicitly listed in the Constitution, and the Tenth Amendment limits the Federal Government's powers to those outlined in the Constitution.
| Characteristics | Values |
|---|---|
| Freedom of religion | Protected by the First Amendment |
| Freedom of speech | Protected by the First Amendment |
| Freedom of the press | Protected by the First Amendment |
| Freedom of assembly | Protected by the First Amendment |
| Freedom from government intrusion in the home | Protected by the Fourth Amendment |
| Freedom from cruel and unusual punishment | Protected by the Eighth Amendment |
| Freedom to travel | Protected by the Ninth and Fourteenth Amendments |
| Freedom of political affiliation | Protected by the Ninth and Fourteenth Amendments |
| Freedom of privacy | Protected by the Ninth and Fourteenth Amendments |
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What You'll Learn
Freedom of religion
The First Amendment to the United States Constitution guarantees freedom of religion. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The First Amendment's freedom of religion language breaks down into two essential parts: the free exercise clause and the establishment clause.
The free exercise clause protects the right of individuals to practice their religion without government interference. This means that people can exercise their religion without restriction and that the government cannot establish a national religion or favour one religion over another. This clause has been interpreted to mean that the government cannot endorse, promote, or become too involved with religion. The Supreme Court has clarified that this does not mean the complete separation of church and state, but rather the accommodation of all religions and the prohibition of hostility towards any.
The establishment clause prevents Congress from making laws respecting an establishment of religion or prohibiting the free exercise thereof. This clause ensures governmental neutrality in matters of religion. It was intended to curtail the power of Congress to interfere with an individual's freedom to believe, worship, and express themselves according to their conscience.
The precise meaning of these clauses has been a matter of dispute, with some arguing for a single religion clause and others for two separate clauses. The interpretation and application of these clauses have evolved over time, with the Supreme Court playing a significant role in clarifying and upholding the right to freedom of religion.
The right to freedom of religion was considered essential by the Founding Fathers, who saw it as a natural right. This right was included in the Bill of Rights to protect individual liberties and limit government power. The inclusion of this right in the Constitution reflects the importance of religion in human, social, and political flourishing.
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Freedom of speech
The First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The First Amendment protects several freedoms, including freedom of speech, freedom of religion, and freedom of the press.
The right to free speech is a highly controversial topic, as it involves freedom of expression, thought, and criticism of the government. While the First Amendment guarantees freedom of speech, this does not mean that all forms of speech are protected. The U.S. Supreme Court has struggled to define the boundaries of protected speech. For example, in Schenck v. United States (1919), the Court ruled that speech that poses a "clear and present danger" to the nation is not protected by the Constitution. Similarly, during wartime, the government has suppressed speech deemed subversive, such as encouraging citizens to evade the draft.
The First Amendment also protects symbolic speech, as seen in Texas v. Johnson (1989), where burning the flag in protest was deemed protected speech. Additionally, the right to free speech includes the right to advertise commercial products and professional services, with some restrictions, as ruled in Virginia Board of Pharmacy v. Virginia Consumer Council (1976).
The right to free speech in the United States also extends to students in schools. In Hazelwood School District v. Kuhlmeier (1988), the Court ruled that students have the right to print articles in a school newspaper, even over the objections of the school administration. However, this right is not absolute, as schools can restrict obscene speech at school-sponsored events, as seen in Bethel School District v. Fraser (1986).
The First Amendment's protection of free speech is not limited to words but also includes actions, such as the right not to salute the flag, as ruled in West Virginia Board of Education v. Barnette (1943). This right to freedom of speech is a fundamental personal liberty that allows for uninhibited and robust debate on public issues, as the Supreme Court noted in Bond v. Floyd (1966).
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Freedom of the press
The Constitution of the United States guarantees civil liberties that protect people's freedom to live their lives according to their own consciences. The first ten amendments to the Constitution, collectively known as the Bill of Rights, were designed to safeguard individual liberties and restrict governmental power.
The First Amendment, part of the Bill of Rights, explicitly guarantees the freedom of the press: "Congress shall make no law...abridging the freedom of speech, or of the press". The freedom of the press is deeply rooted in the nation's commitment to democracy and acts as a check on government power. It is considered one of the "twin pillars of American freedom", alongside the right to free speech.
The freedom of the press is not limited to the media or press entities; it also protects the public's right to receive information, especially regarding government affairs and other matters of public concern. This right has been affirmed in several Supreme Court cases, including New York Times Co. v. Sullivan, where the Court determined that the First Amendment protects the publication of even false or libelous statements about public officials, as open discourse on government affairs is critical to democracy.
While the freedom of the press is a fundamental right, it is not absolute. The Supreme Court has recognised "exceptional cases" where prior restraint or censorship may be permissible, such as when national security concerns outweigh the freedom of the press. Additionally, the press is generally subject to the same laws as the public and does not have a special right to access information not available to the general public.
The founders of the United States, including James Madison and Thomas Jefferson, recognised the importance of a free press as a prerequisite for a free society. During the struggle with Great Britain, colonists used the press to spread their ideas, debate, and rally support for independence, demonstrating the power of a free press in challenging government authority and advocating for liberty.
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Right to bear arms
The Second Amendment of the United States Constitution states:
> A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Amendment has been interpreted in two main ways. The “individual right theory” holds that the Amendment creates an individual constitutional right to possess firearms, and that the United States Constitution restricts legislative bodies from prohibiting firearm possession. The “collective rights theory”, on the other hand, asserts that citizens do not have an individual right to possess guns, and that local, state, and federal legislative bodies have the authority to regulate firearms without implicating a constitutional right.
The Supreme Court has historically taken a collective rights approach, determining that Congress could regulate firearms under the National Firearms Act of 1934. However, in 2010, the Court strengthened Second Amendment protections in McDonald v. City of Chicago, holding that the Second Amendment applies to the states through the incorporation doctrine.
Several states explicitly protect the right to keep and bear arms in their constitutions, including Connecticut, Delaware, Florida, Georgia, and Arizona.
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Right to privacy
The right to privacy is a fundamental human right, grounded in international law. While the right to privacy is not explicitly mentioned in the US Constitution, it is protected by several amendments and has been extended by Supreme Court decisions.
The Fourth Amendment protects citizens' right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, requiring a warrant based on probable cause. This amendment safeguards citizens from unreasonable government intrusion and has been interpreted to include protection from government surveillance.
The Ninth Amendment states that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned. This implies a recognition of additional rights, including the right to privacy.
The Fourteenth Amendment, which guarantees due process, has been used by the Supreme Court to extend the right to privacy to individuals, rather than just married couples. Notably, in Roe v. Wade, the Court used the Fourteenth Amendment to protect a woman's right to privacy in the context of abortion. However, this decision was overturned in Dobbs v. Jackson Women's Health Organization in 2022, removing abortion rights from the broader right to privacy.
Other significant cases that extended the right to privacy include Eisenstadt v. Baird, which granted unmarried couples the right to purchase contraceptives, and Lawrence v. Texas, which extended privacy rights to same-sex couples engaging in sexual conduct.
The right to privacy also extends beyond government intrusion. Private sector actors, particularly technology companies, can pose a threat to privacy by collecting and using personal data. The concept of privacy as information control has emerged, emphasizing individuals' desire to control how their personal information is used.
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Frequently asked questions
Yes, the First Amendment guarantees freedom of religion, prohibiting the government from establishing a national religion or interfering with the practice of religion.
The First Amendment also protects freedom of speech, allowing individuals to express themselves without government interference. However, there are some limitations, such as restrictions on obscene or subversive speech during wartime.
While the word "privacy" is not explicitly mentioned in the Constitution, the Fourth Amendment protects citizens from unreasonable searches and seizures, implying a right to privacy. Additionally, the Ninth Amendment states that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned.
