Isabella Carter
The Constitution of the United States guarantees and limits freedom in several ways. The first ten amendments to the Constitution, known as the Bill of Rights, were ratified in 1791 to limit government power and protect individual liberties. These amendments include the freedom of religion, speech, and assembly, as well as the right to keep and bear arms, protection from unreasonable searches and seizures, and due process of law. The Ninth Amendment also states that the listing of specific rights in the Constitution does not deny individuals other rights not explicitly mentioned. However, the interpretation and application of these freedoms and rights have evolved over time through Supreme Court decisions and continue to be debated and contested.
| 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 |
| Right to petition the government | Protected by the First Amendment |
| Right to keep and bear arms | Protected by the Second Amendment |
| Protection from quartering soldiers | Protected by the Third Amendment |
| Protection from unreasonable searches and seizures | Protected by the Fourth Amendment |
| Rights of the accused | Protected by the Fifth Amendment |
| Right to a trial by jury | Protected by the Sixth Amendment |
| Protection from cruel and unusual punishment | Protected by the Eighth Amendment |
| Unenumerated rights | Protected by the Ninth Amendment |
| Powers of the federal government | Defined by the Tenth Amendment |
| Powers of state and national governments | Division of powers is a critical part of the American constitutional order |
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What You'll Learn
Freedom of religion
The First Amendment to the US Constitution guarantees freedom of religion. This freedom is protected by the First Amendment's two religion clauses: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing a religion. This means that the government cannot promote or favour any particular religion over another. The precise definition of "establishment" is unclear, but it historically meant prohibiting state-sponsored churches, such as the Church of England.
The Free Exercise Clause protects citizens' right to practice their religion as they please, as long as it does not conflict with "public morals" or a "compelling" governmental interest. This clause upholds the right to hold any religious beliefs, including beyond traditional theism, and protects individuals from government interference in the practice of their faith.
The Supreme 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 actually motivated by political, philosophical, or sociological ideologies.
The First Amendment's protection of religious freedom has been interpreted by the Supreme Court to apply to government action at any level, including local ordinances, public school policies, and federal laws. This interpretation ensures that religious freedom is protected from government interference.
The concept of freedom of religion has been a matter of dispute, with disagreement over whether there is one religion clause or two. The two clauses may be seen as a single harmonious concept: protecting the freedom and independence of religion from both government restrictions and sponsorship.
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Freedom of speech
The First Amendment to the United States Constitution is often invoked when discussing freedom of speech. The Amendment states that "Congress shall make no law...abridging freedom of speech". This amendment was added to the Constitution to limit government power and protect individual liberties.
The Supreme Court of the United States has characterised the rights of free speech and a free press as fundamental personal rights and liberties. The Court has also struggled to determine what constitutes protected speech. For example, in the case of West Virginia Board of Education v. Barnette, it was decided that students do not shed their constitutional rights at the schoolhouse gate, and therefore have the right to wear black armbands to school to protest a war.
The First Amendment also protects the right not to speak, as in the right not to salute the flag. This was established in West Virginia Board of Education v. Barnette, where the Supreme Court held that students could not be compelled to salute the flag or say the Pledge of Allegiance.
The Amendment also protects symbolic speech, such as burning the flag in protest, as decided in Texas v. Johnson. It also protects the right to advertise commercial products and professional services, with some restrictions, as well as the right to make or distribute obscene materials.
The First Amendment further protects freedom of association, including privacy in one's associations, and the right to distribute, receive, and read information.
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Freedom of the press
The First Amendment to the U.S. Constitution guarantees freedom of the press, protecting individuals and the media from government interference in their right to free expression and the dissemination of information. This amendment was designed to limit government power and protect individual liberties, including the freedom to speak and worship freely.
The text of the First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press". This amendment has been interpreted by the Supreme Court as a check on government power and a safeguard for democratic ideals. The Court has affirmed that the First Amendment rights to free speech and a free press are essential to American democracy and the functioning of a free society.
The freedom of the press extends beyond traditional media outlets such as newspapers and periodicals. It includes books, plays, movies, and even video games. The press is entitled to deference in its role of disseminating news and information, and the government is expected to show sensitivity in its dealings with the press. However, this freedom is not without limits. The press is still subject to generally applicable laws, and there may be “exceptional cases” where prior restraint is permissible, such as national security concerns.
The First Amendment also protects the public's right to receive information, particularly about government affairs and matters of public concern. This includes the right to criticise public officials and the government, even if such criticism includes false or libelous statements. In New York Times Co. v. Sullivan, the Supreme Court ruled that to support a suit for libel, the plaintiff must prove that the publisher acted with actual malice or reckless disregard for the truth.
Historically, there have been attempts to restrict press freedom, such as the Alien and Sedition Acts of 1798, which made it a crime to make "false, scandalous and malicious" statements about Congress or the president. These acts were unpopular and eventually led to the dissolution of the governing Federalist Party. The Espionage Act of 1917 and the Sedition Act of 1918 also imposed restrictions on the press during wartime, with harsh penalties for those who published critical statements about the government, military, or constitution.
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Right to peaceably assemble
The right to peaceably assemble is a fundamental freedom guaranteed by the First Amendment of the US Constitution. This right, often associated with the freedom of association, protects the ability of individuals to gather peacefully and collectively express, promote, and defend their ideas. It is recognised as a human right, a political right, and a civil liberty.
The text of the First Amendment states that "Congress shall make no law [...] abridging [...] the right of the people peaceably to assemble". This amendment was written by James Madison, then a member of the US House of Representatives, as a solution to limit government power and protect individual liberties. Madison's changes to the Constitution were presented as amendments, of which the First Amendment was one of ten approved and ratified.
The right to assemble has been crucial for dissenting and unorthodox groups throughout American history, including Democratic-Republican Societies, suffragists, abolitionists, religious organisations, labour activists, and civil rights groups. The Supreme Court's unanimous 1937 decision in De Jonge v. Oregon extended this right beyond the federal government to the states, recognising its fundamental nature alongside the rights to free speech and a free press.
The freedom to assemble peaceably has been integral to the advancement of civil rights. For example, in the celebrated 1963 case of Edwards v. South Carolina, nearly 200 African-Americans, including future congressman Jim Clyburn, marched against segregation. The Supreme Court reversed their convictions, upholding the right to peacefully express unpopular views.
Despite its importance, some scholars argue that the right to assemble has been neglected in recent years, with the Supreme Court not deciding a case on free assembly grounds in over thirty years. Nonetheless, the freedom to assemble remains a key protection for individuals and groups seeking to collectively express their ideas and effect political or social change.
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Right to keep and bear arms
The Second Amendment to the U.S. Constitution, also known as "the right to keep and bear arms," is a contentious issue that has been the subject of intense debate and interpretation. The amendment 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 right to keep and bear arms has a long history that predates the Constitution. During the colonial and revolutionary periods, legal documents such as the Virginia Declaration of Rights and the Pennsylvania Constitution asserted the right of citizens to arm themselves as fundamental. The English Bill of Rights in 1689 also allowed Protestant English citizens to "have arms for their defence [sic] suitable to their conditions and as allowed by law."
The inclusion of the Second Amendment in the Constitution was influenced by concerns over military power and state militias. Anti-Federalists feared that the shift of military authority from states to the federal government could lead to government usurpation of individual rights. They argued that citizens needed to be able to protect themselves against oppressive regimes with large armies. In response, the Federalists clarified that the federal government would have the power to maintain a standing army and navy, but militias would remain functional. The significant numerical advantage of armed citizens over the military also eased Anti-Federalist concerns.
Over time, the purpose of the Second Amendment shifted from a focus on foreign invasion and federal overreach to general safety, protection of life, liberty, and property, and self-defence. In 2008, the Supreme Court case District of Columbia v. Heller affirmed that the Second Amendment protects an individual's right to keep and bear arms for lawful purposes, unrelated to service in a militia. This decision solidified the right of American citizens to arm themselves and established that the government cannot infringe on that right.
However, the interpretation and application of the Second Amendment continue to be debated, with some arguing for absolute gun ownership rights and others advocating for gun control regulations. The specific types of weapons covered by the amendment and the precise individuals who can possess guns remain subjects of discussion and legal interpretation.
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Frequently asked questions
The Bill of Rights is formed of the first ten amendments to the US Constitution. These amendments were ratified on December 15, 1791, and were designed to limit government power and protect individual liberties.
The First Amendment guarantees freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government. The Second Amendment guarantees the right to bear arms. The Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment protects citizens from unreasonable government intrusion in their homes without a warrant. The Fifth, Sixth, and Eighth Amendments cover the rights of the accused, including due process of law, jury trials, and protection from cruel and unusual punishment. The Ninth Amendment states that citizens also retain rights that are not specifically listed in the Constitution.
The Bill of Rights limits the powers of the federal government, ensuring that it only has the powers delegated to it by the Constitution. It also limits the government's ability to establish an official religion or interfere with the free exercise of religion.
The Supreme Court has interpreted the extent of protection afforded to the rights guaranteed in the Bill of Rights. For example, the Court has interpreted the Due Process Clause of the Fourteenth Amendment as protecting First Amendment rights from interference by state governments. The Ninth and Fourteenth Amendments have also been used to claim rights to personal liberty in areas such as travel, political affiliation, and privacy.
