The Constitution: Where's The Word Freedom?

The United States Constitution is a foundational document that outlines the country's fundamental laws and principles. One of its key aspects is the protection of individual freedoms and liberties. The First Amendment, for instance, safeguards freedom of speech, freedom of the press, and freedom of religion. The Constitution also guarantees due process of law, ensuring fair treatment by the government, and protects against cruel and unusual punishment. With its amendments and interpretations, the Constitution continues to shape the understanding and protection of freedom in the United States.

Explore related products

The U.S. Constitution And Fascinating Facts About It

$4.91 $4.95

The Founders' Constitution : Major Themes, Volume 1

$12.99 $14.5

The Constitution of Liberty: The Definitive Edition (Volume 17) (The Collected Works of F. A. Hayek)

$21.15 $29

Declaration of Independence, Constitution of the United States of America, Bill of Rights and Constitutional Amendments (Large Print)

$7.99

The Original Argument: The Federalists' Case for the Constitution, Adapted for the 21st Century

$9.52 $16

US Constitution: Declaration of Independence, Bill of Rights, & Amendments

$7.64 $7.64

The First Amendment and freedom of speech

The First Amendment to the United States Constitution, which was ratified on December 15, 1791, is commonly recognized 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's protection of freedom of speech means that the government cannot infringe upon the speech of its citizens. This has been interpreted by the Supreme Court to include both direct (words) and symbolic (actions) forms of speech. The Supreme Court has also ruled that the First Amendment applies to all levels of government, including federal, state, and local.

While the First Amendment protects against government interference in speech, it does not extend to private organizations such as businesses, colleges, and religious groups. Additionally, certain forms of expression, such as commercial advertising, defamation, obscenity, and interpersonal threats, have been deemed by the Court to have little to no protection under the First Amendment.

The right to assemble and petition, as protected by the First Amendment, has been interpreted as an expansion of the core freedom of expression. The right to assemble allows individuals to come together in groups to express their views, often in the form of protests. The right to petition grants citizens the ability to make requests and complaints to the government.

The First Amendment's protection of freedom of speech is a cherished value in American society and has been a key component of the Bill of Rights since its inception. The interpretation and application of this right have evolved over time through Supreme Court decisions and continue to be a subject of ongoing discussion and debate.

The right to religious freedom

The word "freedom" is included in the US Constitution, specifically in the First Amendment, which guarantees freedom of religion, speech, press, assembly, and petition. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This amendment protects the right to religious freedom and ensures that individuals are free to practice their faith without government interference.

The First Amendment's Free Exercise Clause safeguards individuals from government interference in their religious practices. This means that the government cannot target specific religious practices with laws or place undue burdens on citizens' worship. The right to religious freedom is a cherished freedom in the United States, where people of many different faiths live side by side.

The Bill of Rights, of which the First Amendment is a part, was strongly influenced by earlier documents such as the Virginia Declaration of Rights, the Magna Carta, the Petition of Rights, the English Bill of Rights, and the Massachusetts Body of Liberties. The Bill of Rights was adopted as a list of amendments that followed Article VII of the Constitution. The amendments were proposed by James Madison and presented to the states for approval in 1789, with ten amendments ultimately being ratified in 1791.

In addition to religious freedom, the First Amendment also protects freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government. These rights are fundamental to the American constitutional order and reflect the Founders' commitment to dividing power between and within governments. The principle of due process of law, guaranteed in the Fourth, Fifth, Sixth, and Eighth Amendments, further ensures that the government treats its citizens fairly and follows established procedures when restricting or denying fundamental rights.

The right to privacy

While the word "freedom" is not explicitly mentioned in the US Constitution, the text of the document and its amendments outline various liberties and rights that are afforded to citizens, including the right to privacy.

The interpretation and protection of privacy rights continue to evolve, with ongoing debates and legislative efforts to address privacy in the digital age, particularly regarding personal information and data collection. Bipartisan efforts in the US Senate Committee on Commerce, such as the Consumer Online Privacy Rights Act and the SAFE DATA Act, aim to grant individuals greater control over their personal information held by private businesses.

Explore related products

The Fourth Estate and the Constitution: Freedom of the Press in America

$23.99 $34.95

Imprimis on Politics, Economics, Culture, National Defense, and the Constitution: A Fortieth Anniversary Collection

$4.46 $30

The Founders’ Constitution: The Preamble Through Article 1, Section 8, Clause 4

$14.5

The Penguin Guide to the United States Constitution: A Fully Annotated Declaration of Independence, U.S. Constitution and Amendments, and Selections from The Federalist Papers

$12.89 $15

The Declaration of Independence and Constitution of the United States of America

$6.64 $7.75

The U.S. Constitution and Related Documents

$12.99 $12.99

Freedom of the press

The word "freedom" is indeed present in the US Constitution, specifically in the First Amendment, which reads: "Congress shall make no law [...] abridging the freedom of speech, or of the press". This amendment, along with nine others, was approved in 1791, and is collectively known as the Bill of Rights.

The First Amendment right to freedom of the press was established as a check on government power and is deeply rooted in the commitment to democracy. It is considered one of the pillars of American freedom, alongside the right to free speech. The founders of the United States believed that a free press was a prerequisite for a free society. James Madison, often called the Father of the Constitution, referred to it as "one of the great bulwarks of liberty". Thomas Jefferson famously said that if he had to choose between a government without newspapers or newspapers without a government, he would choose the latter.

The right to freedom of the press has been the subject of much debate and controversy, with some arguing that the "institutional press" should be entitled to greater freedom from government regulations than non-press entities. However, several Supreme Court cases have affirmed the unique role a free press plays in gathering and disseminating information. For example, in New York Times Co. v. Sullivan, the Court determined that the constitutional rights to free speech and a free press extend to publishing false or libelous statements about public officials. In another case, the Court blocked the Nixon administration from blocking the publication of leaked papers, citing national security concerns, ruling that the administration failed to establish that these concerns outweighed the First Amendment rights.

While the freedom of the press is a fundamental right in the US, it is not absolute. There have been instances where the government has attempted to restrict press freedom, such as during the late 1790s when the nation was on the brink of war with France, and Congress passed the Sedition Act to punish journalists who criticised the government. Nevertheless, the First Amendment right to freedom of the press remains a cornerstone of American democracy, protecting the public's right to receive information and hold the government accountable.

The right to bear arms

> 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.

This amendment has been the subject of extensive debate and legislative action, particularly regarding the regulation of the purchase, possession, and transportation of firearms, as well as proposals to substantially curtail ownership of firearms. Despite this, there has been no definitive resolution by the courts as to what right the Second Amendment protects.

The Second Amendment is often interpreted as protecting the right of individuals to possess firearms for traditionally lawful purposes, such as self-defence within the home. This interpretation is supported by the text of the amendment, which states that the right of the people to keep and bear arms "shall not be infringed". Additionally, several state constitutions explicitly guarantee their citizens the right to bear arms in defence of themselves, their families, and their homes. For example, the Connecticut Constitution states that "every citizen has a right to bear arms in defence of himself and the state", while the Delaware Constitution guarantees the right to bear arms for "the defence of self, family, home and State, and for hunting and recreational use".

However, others argue that the Second Amendment is primarily about protecting the authority of states to maintain formal, organised militia units. This interpretation emphasises the importance of the amendment's prefatory clause, which states that "a well-regulated militia [is] necessary to the security of a free state".

Frequently asked questions