Simone Lawson
The US Constitution's first ten amendments, known as the Bill of Rights, guarantee a range of freedoms. These include the freedoms of religion, speech, and the press, as well as the right to peaceably assemble and petition the government. The Fourth Amendment protects citizens from unreasonable government intrusion in their homes, while the Seventh Amendment guarantees trial by jury in certain cases. The Eighth Amendment prohibits excessive bail or fines and cruel and unusual punishment. Beyond these explicit protections, the Ninth Amendment acknowledges that other rights may exist that are not specifically listed, and the Tenth Amendment ensures that any powers not granted to the federal government are reserved for the states or individuals.
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What You'll Learn
Freedom of religion
The First Amendment of the US Constitution guarantees freedom of religion. This means that the government must allow for the free exercise of religion without promoting it or burdening it. The First Amendment's Free Exercise Clause limits the government's involvement in religious matters, protecting the freedom to practice one's religion—or no religion at all—without interference from the government. This clause upholds people's right to hold whichever religious beliefs they choose, and these beliefs need not adhere to the principles of Christianity or any particular faith.
The precise meaning of the First Amendment's religion clauses has been a matter of dispute. There is disagreement over whether there is one religion clause or two. On the one hand, the 16 words form a single sentence, with the word "religion" appearing only once. The same political forces—an alliance of evangelical dissenters (especially Baptists) and enlightenment thinkers (such as Thomas Jefferson)—demanded both provisions, and the two provisions may be seen as a single harmonious concept: protecting the freedom and independence of religion from both government restrictions and government sponsorship. On the other hand, it is logically possible to have free exercise rights when there is an established church; indeed, several states at the time of the founding had just that.
The Supreme Court has established several permissible restrictions on these freedoms and has developed frameworks and legal standards for determining whether a restriction passes constitutional muster. Generally, a governmental restriction on these rights must be consistent with the First Amendment to be upheld. These standards or tests tend to weigh the government interest served by the restriction against the First Amendment rights burdened by it. For example, strict scrutiny is the most difficult standard to meet. It requires a restriction to advance a compelling state interest in the least restrictive manner available.
In a host of decisions in the 1940s and 1950s, most of them involving Jehovah’s Witnesses, the court established free exercise of religion, along with freedom of speech, as a “preferred freedom” that could be restricted only on a strong showing by the government. In Sherbert v. Verner (1963), the court held that a state unemployment agency must accommodate a Seventh-day Adventist who, because of religious prohibitions, could not work on Saturdays, his Sabbath. The court held that accommodation was required where a generally applicable law burdened religious practice absent a “compelling state interest.” In Wisconsin v. Yoder (1972), the Court used the same framework to exempt Amish children from otherwise mandatory school attendance above the eighth grade.
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Freedom of speech
The First Amendment protects individuals' rights to express their ideas and opinions without fear of government censorship or retaliation. It encompasses various forms of expression, including verbal, written, and symbolic speech. This freedom extends to a wide range of contexts, such as political discourse, artistic expression, and peaceful protests.
While the right to free speech is deeply valued in American society, it is not absolute. There are certain categories of speech that are not protected by the First Amendment. These include but are not limited to:
- Speech that presents a clear and present danger: This includes statements that incite imminent lawless action or encourage others to engage in violent or criminal behaviour.
- Defamation: False statements that harm the reputation of an individual or organization are not protected. This includes libel (written or published) and slander (spoken).
- Obscenity: The First Amendment does not protect certain forms of obscene or pornographic speech, particularly when it is distributed in a manner that invades privacy.
- Speech that infringes on other rights: Speech that violates other individuals' rights, such as threatening speech or speech that constitutes harassment or discrimination, may not be protected.
It is important to note that the interpretation and application of the First Amendment's protection of free speech have evolved over time through court rulings and legal precedents. The Supreme Court has played a significant role in defining the boundaries of this freedom and addressing challenges that arise in a changing societal landscape, such as the impact of new technologies on speech and expression.
In conclusion, the First Amendment's guarantee of freedom of speech is a cornerstone of American democracy, fostering open dialogue, a diverse marketplace of ideas, and the ability to hold the government accountable. While this freedom is broadly protected, it is balanced against other important societal interests and legal considerations.
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Freedom of the press
The First Amendment to the U.S. Constitution guarantees freedom of the press, alongside freedom of speech and the right to peaceably assemble. This amendment was designed to safeguard individual liberties and restrict governmental power.
The Supreme Court has played a significant role in interpreting and expanding media protection under the First Amendment. In the landmark case of New York Times Co. v. Sullivan, the Court ruled that the First Amendment protects the publication of false or libelous statements about public officials, emphasising the importance of open discourse about the government. The Court has also recognised the press's right to gather information, which cannot be wholly inhibited by nondiscriminatory constraints.
While the First Amendment protects freedom of the press, it does not grant the media special access privileges. Generally applicable laws that incidentally affect the press do not violate the First Amendment. However, laws specifically targeting the press or treating different media outlets differently may violate the amendment.
The First Amendment's protection of good-faith defamation is another critical aspect of freedom of the press. In cases like Cohen v. Cowles Media Co., the Court has upheld the media's right to free speech and a free press, even when promises of confidentiality are breached.
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Right to peaceably assemble
The right to peaceably assemble is a fundamental freedom guaranteed by the United States Constitution. This right is enshrined in the First Amendment, which states that "Congress shall make no law [...] abridging [...] the right of the people peaceably to assemble". This freedom is deeply rooted in the country's history and has been a crucial protection for various dissenting and unorthodox groups, including Democratic-Republican Societies, suffragists, abolitionists, religious organizations, labour activists, and civil rights groups.
The right to peaceably assemble protects the ability of individuals to gather together in a peaceful manner for a common purpose, such as to express their views, protest against prevailing norms, or pursue shared interests. This right is often associated with the freedom of speech and freedom of the press, as it enables individuals to collectively exercise these freedoms and make their voices heard.
The historical context of the right to peaceably assemble can be traced back to the Magna Carta in 1215, which included a modest provision for the right to petition the government. Over time, this right evolved and gained prominence, with the House of Commons in 1414 declaring itself as both assenters and petitioners. In 1669, the House of Commons further resolved that every commoner in England had the inherent right to prepare and present petitions in case of grievance.
The right to peaceably assemble gained further recognition in the United States Constitution's First Amendment. This amendment explicitly guarantees the right of the people to gather peacefully without interference from the government. The Supreme Court's unanimous decision in De Jonge v. Oregon in 1937 affirmed the fundamental nature of this right, stating that it is "cognate to those of free speech and free press".
Despite its importance, the right to peaceably assemble has faced challenges and periods of neglect. For example, during World War II, President Franklin Delano Roosevelt shifted the focus to a different grouping of "four freedoms" that did not include assembly, and this neglect has continued to some extent. Additionally, while the right to peaceably assemble is well-established at the federal level, extending it to the state level has been a more recent development.
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Right to due process of law
The right to due process of law is a fundamental freedom guaranteed by the US Constitution. This right is enshrined in the Fifth and Fourteenth Amendments, which prohibit the government from depriving individuals of "life, liberty, or property" without following the appropriate legal procedures.
The concept of due process of law first appeared in a statutory rendition of the Magna Carta in 1354 during the reign of Edward III of England. It stated that no person should be deprived of their rights, liberties, or possessions without being brought to answer by due process of law. This principle was later adopted by the US Constitution, with New York being the only state specifically requesting the inclusion of "due process" language.
Due process of law guarantees that individuals have certain rights and protections when facing legal proceedings. This includes procedural due process, which outlines the steps that must be followed in civil and criminal cases, and substantive due process, which guarantees fundamental rights and freedoms. For example, the right to a jury trial, freedom of speech and the press, and freedom of religion are all protected by the Bill of Rights and are considered essential elements of due process.
The Supreme Court has played a significant role in interpreting and enforcing due process rights. In the early 20th century, the Court held that taxpayers had the right to a hearing when disputing individual liability, rather than general tax policies. In another case, Goldberg v. Kelly (1970), the Court ruled that welfare recipients must be provided with a full hearing before their benefits could be terminated, ensuring that their due process rights were respected.
Additionally, the Supreme Court has recognised that the Due Process Clause includes liberties that may not be explicitly mentioned in the Constitution. This interpretation has led to the protection of various unenumerated rights, such as the freedom of contract, which was used to strike down minimum wage and labour laws during the Lochner era. While this particular interpretation has been largely abandoned, the Court continues to acknowledge the dynamic nature of due process, ensuring that it adapts to the evolving needs and expectations of American society.
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