Jonah Patel
The word freedom appears in the First Amendment to the United States Constitution, which was adopted on December 15, 1791, as one of the ten amendments constituting the Bill of Rights. The First Amendment protects the freedom of speech, freedom of the press, freedom of religion, and freedom of assembly. It also includes the right to petition the government for a redress of grievances and prevents Congress from making laws that prohibit the free exercise of religion. The Ninth Amendment further emphasizes that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned.
| Characteristics | Values |
|---|---|
| Date of approval | 1789 |
| Date of changes | December 15, 1791 |
| Number of original amendments | 12 |
| Number of amendments adopted | 10 |
| Name of the first 10 amendments | The Bill of Rights |
| What the First Amendment includes | Freedom of religion, freedom of speech, freedom of the press, and freedom of assembly |
| What the Second Amendment includes | The right of the people to keep and bear arms |
| What the Third Amendment includes | Restriction of housing soldiers in private homes |
| What the Fourth Amendment includes | Protection against unreasonable search and seizure |
| What the Fifth Amendment includes | Protection against self-testimony, being tried twice for the same crime, and the seizure of property under eminent domain |
| What the Ninth Amendment includes | People have other rights that are not listed in the Constitution |
| What the Tenth Amendment includes | The Federal Government only has the powers delegated in the Constitution |
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What You'll Learn
The First Amendment
The text of the First 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."
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Freedom of religion
The word "freedom" does appear in the US Constitution, specifically in the First Amendment, which includes the Establishment Clause and the Free Exercise Clause. These clauses protect religious freedom. The First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This means that the government cannot promote or burden the free exercise of religion. The Free Exercise Clause upholds the right to hold any religious beliefs, including no religion at all, without interference from the government.
The Supreme Court has placed several permissible restrictions on these freedoms. These restrictions must be consistent with the First Amendment to be upheld. The Court's approach to balancing these considerations provides insight into the limits and reach of religious freedom in the First Amendment.
The idea of religious freedom in America is that the government must allow for the free exercise of religion without promoting or burdening it. This concept was established in the months following the Declaration of Independence, when most of the newly independent states wrote state constitutions that included a bill of rights. These bills of rights contained some version of a free exercise clause, protecting the freedom of religion or conscience.
The precise meaning of the First Amendment's religion clauses has been a matter of dispute, with disagreement over whether there is one religion clause or two. However, the underlying principle is to protect the freedom and independence of religion from government restrictions or control. This includes protecting the right to pray without fear of intrusion by the government.
The Court has clarified that constitutional protections extend only to sincerely held religious beliefs and activities. This means that a person's purported religious beliefs must be evaluated for sincerity to ensure they are not motivated by political, philosophical, or sociological ideologies. For example, in Sherbert v. Verner (1963), the court held that a state unemployment agency must accommodate a Seventh-day Adventist who could not work on Saturdays due to religious prohibitions.
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Freedom of speech
The word "freedom" does appear in the US Constitution, specifically in the First Amendment, which was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The First Amendment states that "Congress shall make no law...abridging the freedom of speech." This amendment protects the freedom of speech and freedom of the press as fundamental personal rights and liberties. It guarantees the liberty to discuss publicly and truthfully all matters of public concern without previous restraint or fear of subsequent punishment. The Supreme Court has struggled to determine what exactly constitutes protected speech, but it has clarified that the freedom of speech includes both direct (words) and symbolic (actions) forms of expression.
The First Amendment broadly protects the rights of free speech and a free press. Free speech means the free and public expression of opinions without censorship, interference, or restraint by the government. The term "freedom of speech" in the First Amendment encompasses the decision of what to say as well as what not to say (specifically, the right not to salute the flag). For example, in West Virginia Board of Education v. Barnette (1943), the Supreme Court held that students do not shed their constitutional rights at the schoolhouse gate, including the right to wear black armbands to school to protest a war. Similarly, in Tinker v. Des Moines (1969), the Court protected the right of students to wear offensive words and phrases to convey political messages.
The First Amendment also protects commercial speech, such as the right to advertise commercial products and professional services, with some restrictions. In Virginia Board of Pharmacy v. Virginia Consumer Council (1976) and Bates v. State Bar of Arizona (1977), the Court upheld the right to advertise commercial products and professional services, respectively. Additionally, the First Amendment protects symbolic speech, such as burning the flag in protest, as seen in Texas v. Johnson (1989) and United States v. Eichman (1990).
The right to free speech also includes the freedom to incite imminent lawless action, as ruled in Brandenburg v. Ohio (1969), and the freedom to make or distribute obscene materials, as per Roth v. United States (1957). However, it is important to note that the First Amendment does not protect all forms of speech. For example, the Court has held that fighting words, defamation, and obscenity are not protected speech.
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Freedom of the press
The word "freedom" does appear in the First Amendment of the U.S. Constitution, which establishes the right to freedom of speech and freedom of the press. The First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press".
The freedom of the press is a fundamental principle in the United States, deeply rooted in the country's commitment to democracy. It was established as a check on government power and a safeguard of individual liberties. James Madison, often referred to as the "Father of the Constitution", considered a free press to be "one of the great bulwarks of liberty". Thomas Jefferson, another founding father, shared a similar sentiment, valuing a free press over a government. This belief in the importance of a free press was not coincidental but rather a result of the revolutionary generation's use of pamphlets, broadsides, and newspapers to protest, debate, and rally support for independence from Great Britain.
The freedom of the press functions as a limitation on government regulation and protects the public's right to receive information, especially regarding government affairs and other matters of public concern. This right has been reaffirmed and expanded upon in several landmark Supreme Court cases. For example, in New York Times Co. v. Sullivan, the Court determined that the First Amendment rights to free speech and a free press extend to publishing false or libelous statements about public officials, as open discourse on government and public affairs is critical to democratic protections.
However, the interpretation of freedom of the press has been a subject of debate, with some questioning whether the free speech clause and the free press clause are coextensive. While the press, due to its role in disseminating news and information, is generally entitled to deference and governmental "sensitivity", it does not have the power to compel the government to furnish information that is not available to the general public. Additionally, the Supreme Court has not explicitly resolved whether the Press Clause confers upon the "institutional press" any additional freedom from government restraint compared to that enjoyed by individuals or other entities.
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Freedom of assembly
The word "freedom" does appear in the First Amendment of the U.S. Constitution, which states that "Congress shall make no law [...] 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 importance of freedom of assembly has been recognized by the U.S. Supreme Court in several cases, including De Jonge v. State of Oregon in 1937, where the Court affirmed that "the right to peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental." The Court emphasized that this right cannot be denied without violating the fundamental principles of civil and political institutions.
In practice, freedom of assembly has protected the right to protest for various causes throughout history. For example, in the 1960s, young citizens exercised their freedom of assembly to protest segregation, as seen in the case of Edwards v. South Carolina. Similarly, civil rights advocates, striking workers, and anti-war demonstrators have all utilized their freedom of assembly to galvanize public support and bring attention to their respective issues.
However, it is important to note that freedom of assembly does not grant an absolute right to assemble anywhere. In Virginia v. Hicks (2003), the Supreme Court allowed curbs on assembly, stating that the city of Richmond could restrict access to certain areas for non-residents to curb drugs and crime. Nevertheless, the Court has consistently upheld the right to peaceful assembly, even for those with unpopular or disagreeable speech, as long as there is no clear and present danger or imminent incitement of lawlessness.
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Frequently asked questions
Yes, the word "freedom" appears in the US Constitution.
The word "freedom" appears in the First Amendment to the Constitution, which was adopted on December 15, 1791.
The First Amendment is one of the ten amendments that constitute the Bill of Rights. It prevents Congress from making laws that prohibit the free exercise of religion, abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances.
While the word "freedom" is explicitly mentioned in the First Amendment, the concept of freedom is also implied in other amendments and interpretations. For example, the Ninth Amendment states that the listing of specific rights in the Constitution does not exclude other rights not explicitly mentioned.
Yes, the US Supreme Court has interpreted the Constitution as protecting the right to receive information and ideas, as well as the right to be generally free from governmental intrusions into one's privacy and control of one's thoughts.
