Malcolm Rivera
The First Amendment to the United States Constitution, ratified on December 15, 1791, protects the freedom of speech. It states that Congress shall make no law...abridging the freedom of speech. The interpretation of this amendment has been the subject of numerous Supreme Court cases, with the Court stating that the First Amendment protects the right to receive information and ideas, regardless of their social worth, and to be generally free from governmental intrusions into one's privacy and control of one's own thoughts.
| Characteristics | Values |
|---|---|
| Amendment Number | First Amendment (Amendment I) |
| Date of Ratification | December 15, 1791 |
| Text | "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." |
| Protection | Protects freedom of speech, religion, the press, and making complaints and requests to the government |
| Applicability | Applicable to local, state, and federal governments |
| Forms of Expression | Radio, film, television, video games, and the Internet |
| Exceptions | Commercial advertising, defamation, obscenity, and interpersonal threats to life and limb |
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What You'll Learn
Freedom of religion
The First Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, includes the freedom of religion alongside freedom of speech, press, assembly, and petition. The First Amendment prevents Congress from making laws that infringe on religious freedom:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
This means that the federal government is not allowed to create an established religion or promote or become too involved with religion. It also protects the right of Americans to practice their faith and the free expression of their religious beliefs. The freedom of religion had become a pivotal tenet of the American Revolution, with many colonists fleeing religious persecution in Europe. James Madison, the lead author of the First Amendment, strongly defended this freedom.
The Establishment Clause and the Free Exercise Clause are two clauses of the First Amendment that deal with religion. Establishment cases address the Constitution's ban on Congress endorsing or promoting religion, while Free Exercise cases deal with Americans' rights to practice their faith. These two clauses sometimes compete with each other, as illustrated by the Supreme Court in the case of McCreary County v. American Civil Liberties Union (2005). The Court's decision clarified that government spending on the clergy could be seen as establishing a religion, but not providing military chaplains would infringe on soldiers' and sailors' ability to exercise their chosen religions.
While the First Amendment protects religious freedom, it is important to note that it applies specifically to state actors and does not prohibit private organizations or individuals from limiting religious practices. Furthermore, recent Supreme Court decisions have debated the protection of individuals or groups from complying with policies that may conflict with their religious beliefs.
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Freedom of the press
Freedom of speech is enshrined in the First Amendment of the US Constitution, which was ratified on December 15, 1791. The First Amendment states that "Congress shall make no law...abridging freedom of speech".
The First Amendment also protects freedom of the press, which is considered a fundamental personal liberty. The Supreme Court has characterised freedom of the press as a right to receive information and ideas, regardless of their social worth, and to be free from government intrusion. This includes the freedom to discuss matters of public concern publicly and truthfully without fear of subsequent punishment.
The First Amendment prevents Congress from making any laws that prohibit the free exercise of religion, abridge freedom of speech or the freedom of the press, or infringe on the right to assemble and petition the government. The right to petition the government includes the right to make complaints and requests.
The First Amendment has been interpreted to protect more recent forms of communication, including radio, film, television, video games, and the internet. However, it does not protect commercial advertising, defamation, obscenity, or interpersonal threats.
The Supreme Court has also clarified that the First Amendment does not guarantee an absolute right to express any thought free from government censorship, as there are some limitations to this freedom. For example, the government can restrict speech that is obscene, defamatory, or that incites violence.
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Right to assemble
The First Amendment to the United States Constitution, ratified on December 15, 1791, protects the freedom of speech, religion, the press, and the right to assemble and petition the government. The right to assemble, or freedom of assembly, is a fundamental part of this amendment and has been the subject of much interpretation and expansion by modern Supreme Courts.
The First Amendment states that "Congress shall make no law...abridging...the right of the people peaceably to assemble". This right to assemble is a crucial aspect of freedom of expression, allowing individuals to come together and collectively express their views and opinions. It is a protection of the ability to gather in a group for a common purpose, whether it be for religious, political, social, or other reasons.
The right to assemble has been interpreted by the Supreme Court as an extension of the freedom of speech. In other words, it recognises that the impact and reach of an individual's speech can be amplified when joined by others. This interpretation has been further expanded to include modern forms of assembly, such as radio, film, television, video games, and the internet. These new mediums of communication allow people to assemble and express themselves in ways that were not possible when the First Amendment was first written.
While the First Amendment protects the right to assemble, it is important to note that this right is not absolute. The keyword in the amendment is "peaceably", indicating that assemblies must be conducted in a peaceful manner. Throughout history, there have been instances where assemblies have turned violent or posed a threat to public safety, in which case restrictions may be imposed by the government.
The right to assemble has been a powerful tool for social and political change. It allows individuals with shared beliefs to unite and make their voices heard. This can take the form of protests, marches, rallies, or other types of gatherings. By exercising their right to assemble, individuals can bring attention to issues they care about, influence public opinion, and even bring about legislative change.
In conclusion, the right to assemble, as protected by the First Amendment, is a fundamental aspect of freedom of expression in the United States. It allows individuals to collectively express their views and work towards common goals. While this right has been interpreted and expanded over time to include modern forms of assembly, it is also subject to certain limitations to ensure the maintenance of peace and order.
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Right to petition the government
The First Amendment to the United States Constitution was ratified on December 15, 1791, and is commonly recognized for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. The right to petition the government is a fundamental part of the First Amendment, which states that citizens have the right to "petition the Government for a redress of grievances". This means that people have the freedom to make complaints and requests to the government without fear of retaliation or censorship.
The First Amendment was influenced by the political, religious, and social landscape of colonial America, where settlers from various religious groups lived in different colonies. The New England colonies, for example, were largely defined by Puritans and Separatists, while the Southern colonies were predominantly Anglican, with a presence of Quakers, Lutherans, and others. The freedom of religion, composed partly by the right to free expression, was a pivotal tenet of the American Revolution, and it was extensively defended by James Madison, the lead author of the First Amendment.
The right to petition the government has been interpreted by modern Supreme Courts as an expansion of the core freedom of expression. This right allows citizens to address the government directly and seek redress for their grievances. While the First Amendment initially applied only to laws enacted by Congress and was interpreted more narrowly, subsequent Supreme Court decisions have broadened its scope. For instance, the Supreme Court in Chicago Police Dept. v. Mosley (1972) affirmed that the government cannot restrict expression based on its message, ideas, subject matter, or content.
The right to petition the government also includes the freedom to assemble and associate with others who share similar grievances. This freedom of assembly extends the freedom of speech to groups, allowing them to collectively express their concerns and seek redress from the government. The right to petition is not limited to physical assemblies but also includes modern forms of communication, such as the internet, as protected by the First Amendment. However, it is important to note that private organizations, such as businesses, colleges, and religious groups, are not bound by the same Constitutional obligation to uphold the right to petition.
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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." This amendment protects the freedom of expression for all Americans, encompassing the freedom of speech, religion, and the press, as well as the right to assemble and petition the government.
The freedom of speech protected by the First Amendment includes both direct (words) and symbolic (actions) forms of expression. The Supreme Court has interpreted this right broadly, extending it to various forms of art and communication, including radio, film, television, video games, and the Internet. However, it is important to note that this freedom is not absolute and does not include certain forms of expression such as commercial advertising, defamation, obscenity, and interpersonal threats.
The right to freedom of religion, as protected by the First Amendment, includes the establishment clause and the free exercise clause. The establishment clause prohibits the government from endorsing, promoting, or becoming too involved with religion. On the other hand, the free exercise clause guarantees Americans' rights to practice their faith without interference from Congress. These two clauses sometimes compete with each other, and the Supreme Court has grappled with interpreting them in a way that balances religious freedom and governmental neutrality towards religion.
The freedom of expression guaranteed by the First Amendment also extends to the freedom of the press. The Supreme Court has characterized this right as a fundamental personal liberty, essential for the foundation of a free government. This freedom includes the right to receive information and ideas, regardless of their social worth, and protects against governmental intrusions into privacy and control of thoughts. The First Amendment's commitment to uninhibited and robust debate on public issues is exemplified in court cases such as Bond v. Floyd (1966) and New York Times Co. v. Sullivan (1964).
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Frequently asked questions
The First Amendment.
December 15, 1791.
The First Amendment states that "Congress shall make no law...abridging 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.
The First Amendment has been interpreted by the Supreme Court to protect the right to receive information and ideas, as well as freedom of expression and privacy. The Court has also stated that the government has no power to restrict expression because of its content.
