Simone Lawson
The First Amendment to the United States Constitution, which was adopted on December 15, 1791, as part of the Bill of Rights, includes the right to freedom of speech. The First Amendment prevents Congress from making laws that 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. The Supreme Court has struggled to determine what constitutes protected speech, and the First Amendment has been interpreted more narrowly in the past than it is today. The First Amendment also applies to state and local governments, but it does not prevent restrictions on speech imposed by private individuals or businesses.
| Characteristics | Values |
|---|---|
| Date of adoption | December 15, 1791 |
| Amendment number | First Amendment (Amendment I) |
| Freedom of speech clause | "Congress shall make no law...abridging freedom of speech" |
| Freedom of speech clause, alternative wording | "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments" |
| Freedom of speech clause, alternative wording | "The people shall not be deprived or abridged of their right to speak, to write or otherwise to publish anything but false facts affecting injuriously the life, liberty, property, or reputation of others or affecting the peace of the confederacy with foreign nations" |
| Freedom of speech clause, alternative wording | "The freedom of speech and of the press, and the right of the people peaceably to assemble and consult for their common good, and to apply to the government for redress of grievances, shall not be infringed" |
| Freedom of speech clause, alternative wording | "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 consult for their common good, and to petition the government for redress of grievances" |
| Scope | Only applies to government restrictions on speech, not restrictions imposed by private individuals or businesses |
| Interpretation | The U.S. Supreme Court has struggled to determine what constitutes protected speech |
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What You'll Learn
The First Amendment
The text of the First Amendment 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."
In conclusion, the First Amendment to the United States Constitution is a fundamental protection of several basic freedoms, including freedom of speech, religion, press, assembly, and petition. It establishes a framework for respecting and exercising these freedoms while also presenting challenges in interpretation and application.
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Freedom of Speech Clause
The First Amendment to the United States Constitution, which includes the Free Speech Clause, was not part of the original constitution. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
The Free Speech Clause states that "Congress shall make no law...abridging freedom of speech." This means that the government cannot restrict an individual's right to free speech. The First Amendment also protects the freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances.
The Free Speech Clause has been interpreted and applied in various ways throughout history, with the Supreme Court playing a significant role in defining its scope. For example, in the case of West Virginia Board of Education v. Barnette (1943), the Court upheld the right of students to refrain from saluting the flag, recognising their constitutional rights within the school context. Similarly, in Tinker v. Des Moines (1969), the Court affirmed the right of students to wear black armbands to school as a form of protest, further cementing the idea that students do not lose their constitutional rights when they enter a schoolhouse.
The First Amendment also extends beyond the realm of direct speech, encompassing symbolic speech through actions. In Cohen v. California (1972), the Court upheld the use of certain offensive words and phrases to convey political messages, highlighting the importance of protecting even controversial forms of expression.
However, it is important to note that the First Amendment only prevents government restrictions on speech. It does not restrict private individuals or businesses from imposing their own limitations, as seen in the case of social media platforms regulating content on their sites.
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Freedom of the Press
Freedom of speech was certainly a part of the original US Constitution, as part of the First Amendment. The First Amendment 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 freedom of speech". This amendment also covers the freedom of the press, with the exact wording being: "or of the press". This means that the government cannot restrict the publication of books, newspapers, or other media, nor can it restrict the content of these publications.
The First Amendment's freedom of the press clause has been interpreted to include the right to receive information. In the case of Board of Education v. Pico, the Supreme Court held that "the right to receive ideas is a necessary predicate to the recipient's meaningful exercise of his own rights of speech, press, and political freedom".
The freedom of the press also encompasses the freedom of journalists to refuse to disclose their sources. In Branzburg v. Hayes (1972), the Court ruled that the First Amendment did not give a journalist the right to refuse a subpoena from a grand jury. However, Justice Lewis F. Powell concurred that a claim for press privilege "should be judged on its facts by the striking of a proper balance between freedom of the press and the obligation of all citizens to give relevant testimony with respect to criminal conduct".
The First Amendment's protection of freedom of the press has been interpreted to apply to state and local governments as well, through the Fourteenth Amendment. This means that government agencies and officials are prohibited from regulating or restricting speech or expression based on its content or viewpoint.
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Freedom of Religion
The original US Constitution, adopted in 1787, only mentioned religion once, in Article VI, which stated that "no religious Test shall ever be required as Qualification" for federal office holders. This broke with European tradition by allowing people of any faith (or no faith) to serve in public office. However, the omission of a bill of rights outlining the rights of American citizens disappointed many, who wanted the new government to give faith a larger role or feared that it would.
In 1789, James Madison, a Virginia statesman, took the lead in steering a bill of rights through the First Federal Congress. The bill was adopted in 1791 and included the First Amendment, which provided constitutional protection for individual liberties, including freedom of religion. 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 pass laws that favour or impede a particular religion or interfere in the free exercise of religion.
The Fourteenth Amendment, adopted in 1868, further extended religious freedom by preventing states from enacting laws that would advance or inhibit any one religion. However, the US Supreme Court has ruled inconsistently on matters of religious freedom over the years, such as the display of religious symbols in government buildings.
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The Bill of Rights
The First Amendment (Amendment I) to the United States Constitution is a part of the Bill of Rights. It prevents Congress from making laws that infringe on the freedom of speech, the freedom of the press, the freedom of religion, the freedom of assembly, or the right to petition the government for a redress of grievances.
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 Free Speech Clause went through several iterations before it was adopted as part of the First Amendment. James Madison drafted an initial version of the speech and press clauses that was introduced in the House of Representatives on June 8, 1789. Madison's draft provided:
> "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."
The Supreme Court declined to rule on the constitutionality of any federal law regarding the Free Speech Clause until the 20th century. The Court has often struggled to determine what exactly constitutes protected speech.
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Frequently asked questions
Yes, freedom of speech was part of the original US Constitution. The First Amendment (Amendment I) to the US Constitution, which was ratified on December 15, 1791, states that "Congress shall make no law...abridging freedom of speech."
In addition to freedom of speech, the First Amendment also protects freedom of religion, freedom of the press, freedom of assembly, and the right to petition the government for redress of grievances.
The US Supreme Court has interpreted the First Amendment to protect the right to receive information, including in the context of student access to books and materials in public schools and libraries. The Court has also ruled that the First Amendment does not prevent private entities, such as social media platforms, from regulating or restricting speech on their platforms.
No, the First Amendment has evolved over time. Initially, it applied only to laws enacted by Congress and was interpreted more narrowly than it is today. The Supreme Court did not rule on the constitutionality of any federal law regarding the Free Speech Clause until the 20th century.
