Eleanor Finch
The Constitution of the United States guarantees several freedoms, including freedom of speech, religion, expression, assembly, and the right to petition. The First Amendment protects these rights, playing a significant role in the Civil Rights movement and protests against racial injustice. It also ensures that individuals can express opinions and ideas without government interference, even when these are deemed offensive or hateful. In addition, the Freedom of Choice Act asserts a woman's right to choose whether to bear a child or terminate a pregnancy.
| Characteristics | Values |
|---|---|
| Freedom of Speech | Right to articulate opinions and ideas without interference, retaliation or punishment from the government |
| Hate speech is protected, as the government's role is to protect individuals' freedom of speech | |
| The term "speech" includes spoken and written words as well as symbolic speech (e.g., what a person wears, reads, performs, protests, etc.) | |
| The right not to speak (e.g., not to salute the flag) | |
| Freedom of Religion | The government cannot promote one religion over others and cannot restrict an individual's religious practices |
| Freedom of the Press | The government cannot restrict the press |
| Freedom of Assembly | The right to assemble peaceably and to petition the government |
| Freedom of Choice | The right of a woman to choose to bear a child or terminate a pregnancy |
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What You'll Learn
Freedom of speech
The First Amendment to the U.S. Constitution, adopted in 1791, protects the freedom of speech, religion, and the press. It states that "Congress shall make no law...abridging the freedom of speech". This amendment guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. The term "speech" is interpreted broadly and includes spoken and written words, as well as symbolic speech, such as what a person wears, reads, performs, protests, and more.
The First Amendment protects speech even when the ideas put forth are considered illogical, offensive, immoral, or hateful. For example, in Cohen v. California (1971), the use of certain offensive words and phrases to convey political messages was deemed protected under the First Amendment. This protection of free speech is based on the idea that it is not the government's role to shield individuals from ideas and opinions they may find unwelcome or disagreeable, but rather to encourage robust debate and allow for the expression of unpopular opinions.
However, this freedom is not absolute. While individuals have the right to articulate their opinions and ideas without interference, retaliation, or punishment from the government, there are certain types of speech that are not protected by the First Amendment. For instance, public universities can restrict speech that defames a specific individual, constitutes a genuine threat or harassment, or is intended to provoke imminent unlawful action.
The interpretation of what constitutes protected speech has been a challenge for the U.S. Supreme Court. While the First Amendment provides a strong foundation for freedom of expression, the Court has had to grapple with defining its boundaries and determining which forms of expression fall outside the scope of constitutional protection.
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Freedom of religion
The First Amendment of the United States Constitution grants all Americans freedom of religion. This means that the government must allow for the free exercise of religion without promoting or burdening it. The First Amendment's Free Exercise Clause limits the government's involvement in religious matters, protecting the freedom to practice any religion, or no religion, without interference from the government.
The Free Exercise Clause upholds people's right to hold whichever religious beliefs they choose, regardless of whether they adhere to the principles of Christianity or any other particular 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 motivated by political, philosophical, or sociological ideologies.
The Establishment Clause, also part of the First Amendment, further protects religious freedom by prohibiting the government from establishing an official religion. This clause ensures a careful balance, preventing a particular denomination or faith from controlling the government while also allowing for a government where God can be acknowledged.
The precise meaning of the religion clauses in the First Amendment has been a matter of dispute. There is disagreement over whether there is one religion clause or two. On one hand, the 16 words form a single sentence, with the key word "religion" appearing only once, and they may be interpreted as a single harmonious concept: protecting the freedom and independence of religion from both government restrictions and sponsorship. On the other hand, it is possible to have free exercise rights even with an established church, and several states at the time of the Constitution's founding had such a system.
The Supreme Court has established permissible restrictions on religious freedom, developing frameworks and legal standards to determine the constitutionality of these restrictions. Generally, a governmental restriction on religious freedom must be consistent with the First Amendment to be upheld, weighing the government's interest against the First Amendment rights burdened.
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Freedom of the press
The First Amendment of the US Constitution guarantees freedom of the press. This means that Congress cannot make laws that restrict the freedom of the press or the rights of individuals to speak freely.
The Amendment has been interpreted and debated extensively, with questions raised over whether the free speech clause and the free press clause are coextensive, and whether the institutional press is entitled to greater freedom from government regulation or restriction than non-press individuals or groups.
Justice Potter Stewart argued that the First Amendment's separate mention of freedom of speech and freedom of the press is an acknowledgment of the critical role played by the press in American society. He stated that the Constitution requires sensitivity to the role of the press and its special needs in performing this role effectively.
The Court has ruled that generally applicable laws do not violate the First Amendment, even if their enforcement against the press has incidental effects. However, laws targeting the press or treating different media outlets differently may violate the First Amendment. The Court has also suggested that the press is protected to promote and protect free speech in society, including people's interest in receiving information.
The First Amendment also protects good-faith defamation by the press. In New York Times Co. v. Sullivan, the Supreme Court held that the Sullivan privilege is exclusively a free press right, and that the constitutional theory of free speech does not give an individual immunity from liability for libel or slander.
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Right to assemble
The right to assemble is a fundamental principle of the United States Constitution, protected under the First Amendment, which states that "Congress shall make no law...abridging...the right of the people peaceably to assemble". This freedom is also recognised in the Washington State Constitution, which asserts that "the right of...the people peaceably to assemble for the common good shall never be abridged".
The right to assemble is often used in the context of the right to protest, and is considered a human right, a political right, and a civil liberty. The First Amendment guarantees the freedom to assemble peaceably and to petition the government for a redress of grievances. This right allows citizens to collectively express, promote, pursue, and defend their ideas, and it is often connected with the freedom of speech and freedom of the press.
The importance of the right to assemble has been affirmed by the U.S. Supreme Court, which recognised that this right is "equally fundamental" to those of free speech and a free press. In the 1937 case of De Jonge v. State of Oregon, the Supreme Court reversed the conviction of a defendant for "criminal syndicalism", stating that "the right to peaceable assembly...cannot be denied without violating those fundamental principles which lie at the base of all civil and political institutions".
The right to assemble has been exercised throughout history by various groups, including striking workers, civil rights advocates, anti-war demonstrators, and Ku Klux Klan marchers. In the 1960s, young citizens utilised their right to assemble to protest segregation, and in a notable case, the Supreme Court reversed the convictions of 187 African-American students who had been convicted of breaching the peace during a peaceful demonstration.
While upholding the right to assemble, local governments may face challenges in managing responses to demonstrations and protests, especially when emotions run high and unexpected developments arise. In some cases, a permit may be required for large gatherings that require crowd control or the use of local government services. However, the fundamental purpose of the government is to uphold the right to free speech and assembly, even when the majority of citizens may find the expression of ideas offensive.
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Right to petition
The right to petition is a fundamental freedom guaranteed by the First Amendment to the United States Constitution. This right prohibits Congress from abridging "the right of the people peaceably to assemble and petition the Government for a redress of grievances".
The right to petition allows citizens to approach administrative agencies, courts, and all departments of the government to address their concerns. It is an essential tool for citizens to hold the government accountable and ensure their voices are heard. The right to petition has been used throughout history to advocate for significant social changes, such as the end of slavery, where over 130,000 citizens signed petitions sent to Congress.
While the right to petition is guaranteed, it does not ensure that the government must respond to all petitions. The Supreme Court has interpreted the Petition Clause as coextensive with the Free Speech Clause of the First Amendment, meaning that speech within a petition is subject to the same standards for defamation and libel as any other form of speech. However, the Court has acknowledged that there may be unique aspects to the Petition Clause that warrant distinct analysis and treatment.
The right to petition has evolved since the Constitution was written and is no longer limited to demands for "a redress of grievances." It now includes demands for the government to exercise its powers in the interest of the petitioners and to consider their views on politically contentious matters. This expansion ensures that citizens can actively engage with their government and seek action on issues that are important to them.
The right to petition is a powerful tool for citizens to exercise their civil liberties and influence government action. It is a critical component of a democratic society, allowing for peaceful assembly and consultation on public affairs. By guaranteeing this right, the Constitution empowers individuals to have their voices heard and drive change.
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Frequently asked questions
The Freedom of Choice Act is a bill that seeks to establish a woman's fundamental right to choose to bear a child, terminate a pregnancy before fetal viability, or terminate a pregnancy after viability to protect her health or life.
The Freedom of Choice Act was introduced in the US Congress in 1989, 1993, 2004, and 2007. Barack Obama co-sponsored the 2007 version of the bill and supported it during his presidential campaign. However, once elected, he did not prioritize its passage.
Supporters of the Act argue that it would codify Roe v. Wade, protecting a woman's right to choose and repealing federal restrictions on abortion. They also assert that existing conscience clause laws would protect religious hospitals from being forced to perform abortions.
Opponents of the Act argue that it would invalidate all restrictions on abortion, including parental notification laws, informed consent laws, and bans on partial birth abortion. Religious organizations, such as the US Conference of Catholic Bishops, have strongly opposed the Act.
Freedom of choice is a concept that falls under constitutional law, particularly regarding the rights of individuals, including children, the mentally ill, and legally incompetent persons. While the original text of a constitution may not explicitly mention freedom of choice, state courts can interpret and enforce these rights through due process and equal protection clauses.
