Eleanor Finch
The First Amendment to the United States Constitution protects the right to freedom of speech and expression. It states that 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. This amendment ensures that Americans can speak freely in public without interference or censorship from the government. However, it is important to note that freedom of speech is not absolute and is subject to certain restrictions, such as time, place, and manner limitations, which are enforced by the Supreme Court to regulate speech while still protecting freedom of expression.
| Characteristics | Values |
|---|---|
| Freedom of speech | Protected by the First Amendment to the U.S. Constitution |
| Freedom of expression | Protected by the First Amendment to the U.S. Constitution |
| Freedom of religion | Protected by the First Amendment to the U.S. Constitution |
| Freedom of the press | Protected by the First Amendment to the U.S. Constitution |
| Right to peaceably assemble | Protected by the First Amendment to the U.S. Constitution |
| Right to petition the government | Protected by the First Amendment to the U.S. Constitution |
| Right to keep and bear arms | Protected by the Second Amendment to the U.S. Constitution |
| Right to be secure in their persons, houses, papers, and effects | Protected by the Fourth Amendment to the U.S. Constitution |
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What You'll Learn
The First Amendment
Freedom of expression is indeed listed in America's Constitution under the First Amendment, which 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 right to freedom of expression is also protected by Article 19 of the United Nations Universal Declaration of Human Rights, which sets out the fundamental human rights that everyone is entitled to. Amnesty International has been defending this right since 1961, recognising its importance in holding governments accountable and allowing other human rights to flourish.
While the First Amendment provides strong protection for freedom of expression in the United States, it is important to note that this right is not absolute and is subject to certain restrictions as interpreted by the courts.
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Freedom of speech
The First Amendment's constitutional right to free speech applies to state and local governments under the incorporation doctrine, and it prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses. The Supreme Court of the United States has acknowledged that governments may impose reasonable time, place, or manner restrictions on speech, and that freedom of speech is not absolute. Time restrictions regulate when expression can take place, place restrictions regulate where expression can take place, and manner restrictions regulate how expression can take place.
The right to freedom of expression is also enshrined in Article 19 of the United Nations Universal Declaration of Human Rights, which broadly outlines the human rights that each individual is entitled to. Amnesty International has been defending the right to freedom of expression since 1961. Despite this, governments worldwide frequently imprison people or worse for speaking out, even though almost every country's constitution refers to the value of "free speech."
In the United States, the Supreme Court has extended the full protection of the First Amendment to the Internet in Reno v. ACLU, striking down portions of the 1996 Communications Decency Act, which prohibited "indecent" online communication. In 2002, the Supreme Court again ruled in American Civil Liberties Union v. Ashcroft that any limitations on the Internet are unconstitutional.
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Freedom of the press
Freedom of expression is strongly protected by the First Amendment to the U.S. Constitution, and this includes freedom of the press. The First Amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press". This amendment was ratified in 1791, seven years after the signing of the Constitution.
The freedom of the press was described in 1972 as "a fundamental personal right", and this right has been extended to newspapers, books, plays, movies, and video games. The Supreme Court has also ruled that the press is entitled to heightened constitutional protections because of its role in disseminating news and information.
However, this freedom is not absolute and has been tested over the years. For example, in 1798, the Federalist Party attempted to stifle criticism with the Alien and Sedition Acts, which made it a crime to make "false, scandalous and malicious" statements about Congress or the president. In the 20th century, the Espionage Act of 1917 and the Sedition Act of 1918 imposed restrictions on the press during wartime, with hefty fines and prison sentences for those who violated the law.
More recently, the Supreme Court extended the full protection of the First Amendment to the Internet in Reno v. ACLU, striking down portions of the 1996 Communications Decency Act. This decision extended constitutional protections for spoken and written expression to materials published online.
While the U.S. Constitution protects freedom of the press, it is important to note that this freedom can be restricted in certain circumstances. The Supreme Court has recognised that governments may enact reasonable time, place, or manner restrictions on speech to protect national security, counterterrorism, or religious sensitivities.
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Right to peaceably assemble
The right to peaceably assemble is a fundamental legal and cultural protection for dissenting and unorthodox groups. This right is enshrined in the First Amendment of the United States 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 right to assemble has been invoked by various groups throughout history, including Democratic-Republican Societies, suffragists, abolitionists, religious organizations, labor activists, and civil rights groups. It is often used interchangeably with the freedom of association, which is the ability of individuals to collectively express, promote, and defend their ideas. This right is recognized as a human right, a political right, and a civil liberty.
The right to peaceably assemble is not absolute and is subject to certain restrictions. The Supreme Court of the United States has recognized that governments may enact reasonable time, place, or manner restrictions on assembly. These restrictions aim to regulate assembly in a way that still protects freedom of speech and assembly. For example, time restrictions regulate when assembly can take place, place restrictions regulate where assembly can occur, and manner restrictions regulate how assembly is conducted.
The right to assemble gained particular prominence as one of the original "Four Freedoms" during a time when civil liberties were at the forefront of public consciousness. Despite this early prominence, the right to assemble has been somewhat neglected in recent times, with the Supreme Court not deciding a case explicitly on free assembly grounds in over thirty years. Nonetheless, the freedom to assemble peaceably remains integral to what Justice Robert Jackson referred to as "the right to differ."
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Right to petition the government
The right to petition the government is a fundamental aspect of freedom of expression, as outlined in the First Amendment of the United States Constitution. This right prohibits Congress from abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".
The right to petition extends to all departments of the government, including administrative agencies, courts, and the legislature. It allows citizens to approach the government and its institutions to address their grievances and seek remedies. This right has been interpreted to include the legal right to sue the government and lobby public officials, although the extent of lobbying's inclusion is debated.
The right to petition has been integral to significant historical moments in the United States. For example, in 1776, the Declaration of Independence cited King George's failure to address the grievances listed in colonial petitions, such as the Olive Branch Petition of 1775, as a justification for independence. Later, in the mid-19th century, the right to petition was exercised to advocate for the end of slavery. Over a thousand petitions signed by approximately 130,000 citizens were sent to Congress, leading to the repeal of gag rules that had automatically tabled anti-slavery petitions.
While the right to petition is a fundamental freedom, it is not absolute. For instance, the Supreme Court has clarified that defamatory statements made in petitions do not grant immunity from libel. Additionally, the right to petition does not guarantee that the government will listen to or respond to members of the public. Nevertheless, the right to petition the government remains a crucial aspect of freedom of expression in the United States, empowering citizens to address their grievances and seek redress from their government.
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Frequently asked questions
Yes, the First Amendment of the US Constitution protects freedom of expression.
The First Amendment states that "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 was written by James Madison as a solution to limit government power and protect individual liberties. It was one of ten amendments proposed by the First Congress of the United States in 1789 and ratified in 1791.
Freedom of expression is protected by international and regional treaties, such as Article 19 of the Universal Declaration of Human Rights. Organisations like Amnesty International have been defending the right to freedom of expression since 1961.
Yes, while freedom of expression is a fundamental right, there may be restrictions in place to protect certain public interests or the rights of others. For example, governments have a duty to prohibit hateful or inciteful speech.
