Simone Lawson
The US Constitution is a foundational text that outlines the rights and responsibilities of the government and its citizens. The word freedom is not present in the original body of the Constitution, but it is prominently featured in the First Amendment, which is part of the Bill of Rights, the first ten amendments to the Constitution. The First Amendment guarantees essential freedoms, including freedom of religion, speech, and the press, and it protects the right to peaceful assembly and petition. These freedoms are considered fundamental to the American way of life and have been instrumental in shaping the nation's laws and values.
| Characteristics | Values |
|---|---|
| Date of proposal of the First Amendment | 25 September 1789 |
| Date of ratification of the First Amendment | 15 December 1791 |
| Number of proposed amendments | 12 |
| Number of ratified amendments | 10 |
| Number of unratified articles | 2 |
| Number of amendments that constitute the Bill of Rights | 10 |
| The First Amendment prevents Congress from | making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances |
| The First Amendment includes | core rights of free speech and a free press |
| Peripheral rights encompassed within the First Amendment | freedom of association, privacy in one's associations, freedom of inquiry, freedom of thought, freedom to teach |
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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.
The right to petition the government for redress of grievances is also protected by the First Amendment. This principle, which originated in the 1215 Magna Carta, guarantees the right to petition all branches and agencies of government for action. The Supreme Court has also ruled that the amendment implicitly protects freedom of association.
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Freedom of speech
The word "freedom" is indeed found in the original Constitution of the United States, specifically in the First Amendment, which was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. This amendment is primarily concerned with preventing Congress from making laws that infringe on certain fundamental freedoms, including freedom of speech and freedom of the press.
The First Amendment explicitly 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." This amendment guarantees the rights of citizens to express their opinions and ideas without fear of government censorship or retaliation.
The inclusion of the word "the" before "freedom of speech" in the First Amendment is significant. U.S. Supreme Court Justice John Paul Stevens emphasised that the use of the definite article suggests that the drafters intended to protect a specific category or subset of speech. This interpretation ensures that only certain types of speech are protected, excluding things like false testimony under oath.
The right to freedom of speech in the United States has evolved over time, with various court cases shaping its interpretation. For example, in the 1965 case of Griswold v. Connecticut, the Supreme Court recognised the right to distribute, receive, and read information, as well as the freedoms of inquiry, thought, and teaching. Similarly, in Stanley v. Georgia (1969), the Court affirmed the right to receive information and ideas, regardless of their social worth, and protected individuals from governmental intrusions into their privacy and control of their thoughts.
The First Amendment's protection of freedom of speech extends beyond just words; it also encompasses the freedom of the press. This freedom ensures that the media can report news and express opinions without government interference, fostering a well-informed society and enabling public debate on important issues. The inclusion of freedom of the press in the First Amendment reflects the founding fathers' belief in the importance of a free and independent press as a cornerstone of democracy.
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Freedom of the press
The First Amendment to the United States Constitution, adopted on December 15, 1791, prevents Congress from making laws that prohibit the free exercise of religion, abridge the freedom of speech, freedom of assembly, or the right to petition the government for redress of grievances. The Amendment also includes freedom of the press, protecting the right to distribute, receive, and read information, as well as freedom of inquiry, thought, and teaching.
The concept of freedom of the press was not without its challenges. In 1798, the governing Federalist Party attempted to stifle criticism with the Alien and Sedition Acts, which criminalized "false, scandalous and malicious" statements about Congress or the president. These acts were very unpopular and led to the party's eventual dissolution in 1824.
The Espionage Act of 1917 and the Sedition Act of 1918 also imposed restrictions on the press during wartime, with hefty fines and imprisonment for those publishing "disloyal, profane, scurrilous, or abusive language" about the government, military, or constitution.
Despite these challenges, the Supreme Court has played a significant role in upholding freedom of the press. In Branzburg v. Hayes (1972), freedom of the press was described as "a fundamental personal right," and in Lovell v. City of Griffin (1938), Chief Justice Charles Evans Hughes defined the press as "every sort of publication which affords a vehicle of information and opinion." The Court has also ruled that generally applicable laws do not violate the First Amendment simply because they incidentally affect the press. However, laws that specifically target the press or treat different media outlets differently may violate the Amendment.
In conclusion, freedom of the press is a fundamental right protected by the First Amendment to the United States Constitution. While there have been attempts to restrict this freedom throughout history, the Supreme Court has consistently upheld it, recognizing the critical role of the press in disseminating information and promoting free speech in society.
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Freedom to assemble
The First Amendment to the United States Constitution, adopted on December 15, 1791, includes the "right of the people peaceably to assemble". This right to assemble is often linked with the right to petition the government for redress of grievances, with the two rights seen as protecting two distinct interests. The right to assemble is also associated with the freedom of speech and the freedom of the press, which are considered core rights.
The right to assemble has a historical basis, with the Supreme Court asserting that it is, and always has been, one of the attributes of citizenship under a free government. The right gained particular prominence in tributes to the Bill of Rights as the United States entered the Second World War, with eminent twentieth-century figures such as Eleanor Roosevelt emphasizing its significance. The right to assemble can be traced back to the 1215 Magna Carta and the 1689 English Bill of Rights, which asserted the right of subjects to petition the King.
The First Amendment 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 inclusion of the word "assemble" in the First Amendment is intentional, as the Founders aimed to protect the right to assemble as a separate right from the right to petition. This is evident from debates in the House of Representatives during the adoption of the Bill of Rights, which linked "assembly" to the arrest and trial of individuals for participating in collective religious worship, separate from any petitioning of the government.
The right to assemble is a fundamental freedom that has been interpreted and debated by constitutional scholars and the Supreme Court. While the right to assemble is a distinct right, it is often treated as subsumed within an expansive "speech" right, sometimes referred to as "freedom of expression". This interpretation has been contested, with scholars arguing that focusing solely on an expansive idea of speech undervalues the importance of providing independent protection to the right to assemble.
The right to assemble has been defended in various instances, such as during the march of veterans on Washington in 1932 demanding bonus legislation. However, the Administration at the time regarded it as a threat against the Constitution and took action against the protestors. The right to assemble continues to be a relevant issue, with interpretations and applications of this right evolving over time.
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Freedom of religion
The First Amendment to the United States Constitution, adopted on December 15, 1791, includes two provisions concerning freedom of religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing an official religion. The precise definition of "establishment" is unclear, but it has historically been interpreted to mean prohibiting state-sponsored churches, such as the Church of England. Today, the extent of governmental involvement in religion is often governed by the three-part "Lemon test," set forth by the U.S. Supreme Court in Lemon v. Kurtzman (1971). Under this test, government can assist religion only if:
- The primary purpose of the assistance is secular;
- The assistance neither promotes nor inhibits religion;
- There is no excessive entanglement between church and state.
The Free Exercise Clause, on the other hand, protects citizens' right to practice their religion as they see fit, provided it does not conflict with "public morals" or a "compelling" governmental interest. This clause ensures that individuals are free to exercise their religious beliefs without government interference.
The First Amendment also protects peripheral rights that strengthen these core freedoms. These include the freedom of association, privacy in one's associations, and the freedom of inquiry and thought. Together, these rights ensure that individuals in the United States have the liberty to hold and practice their religious beliefs without government intrusion or establishment of an official religion.
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Frequently asked questions
No, the word "freedom" is not in the original US Constitution. The Constitution refers to the powers delegated to the United States government and those reserved for the states or the people.
Freedom appears in the First Amendment to the Constitution, which is part of the Bill of Rights. The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition.
The Bill of Rights is the first 10 amendments to the US Constitution, ratified on December 15, 1791. It defines citizens' and states' rights in relation to the government.
The First Amendment guarantees freedom of religion, speech, and the press, as well as the right to peaceably assemble and petition the government for a redress of grievances.
