Malcolm Rivera
The First Amendment to the U.S. Constitution guarantees five freedoms: speech, press, religion, assembly, and petition. These rights are often collectively referred to as freedom of expression. The Supreme Court has grappled with defining and protecting these freedoms since the First World War. Notable cases include Tinker v. Des Moines Independent Community School District (1969), where students were punished for wearing black armbands to protest the Vietnam War, and Texas v. Johnson (1989), where the Supreme Court reversed the conviction of Gregory Lee Johnson, who burned an American flag at a demonstration.
| Characteristics | Values |
|---|---|
| Date | 1999 |
| Case | Taucher v. Born |
| Court | United States District Court for the District of Columbia |
| Description | The court ruled that the Commodity Futures Trading Commission could not force internet publishers and software developers to be licensed before publishing |
| First Amendment Protections | First Amendment protections were extended to the internet |
| Judge | Ricardo Ubina |
| Ruling | "There comes a point, however, where government legislation crosses the line between the regulation of a profession and the regulation of speech." |
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What You'll Learn
Student free speech rights
The First Amendment to the U.S. Constitution protects the right to free speech, stating that "Congress shall make no law...abridging the freedom of speech." This right is also protected for students in public schools, though it is subject to certain limitations and regulations.
The Supreme Court has interpreted the First Amendment to apply to all levels of government action, restricting the state from imposing limitations on free speech. However, the Supreme Court has also delineated acceptable limitations on speech, formulating legal frameworks to assess if a governmental restriction violates free speech rights.
Students' First Amendment rights to free speech in public schools have been affirmed in several notable cases. In West Virginia State Board of Education v. Barnette (1943), the Supreme Court ruled that a state law requiring students to salute the flag and recite the Pledge of Allegiance violated the free speech and religious rights of Jehovah's Witnesses, who objected on religious grounds. This case established that students do not "shed their constitutional rights at the schoolhouse gate."
In Tinker v. Des Moines (1969), the Supreme Court upheld the right of students to wear black armbands to school in protest of the Vietnam War, protecting their right to express political and social views. The Court clarified that schools must demonstrate a substantial disruption or interference with school operations or the rights of others to justify restricting student speech.
More recently, in Mahanoy Area School District v. B.L. (2021), the Supreme Court ruled that a school could not discipline a cheerleader for posting vulgar expressions on social media about not making the varsity squad, as it did not substantially disrupt school operations. This case highlights the evolving considerations for student speech in the digital age.
While students enjoy First Amendment protections, these rights are balanced with the objectives of the public education system. The Supreme Court has provided guidance on navigating this complex landscape, ensuring that students' rights to free speech are respected while maintaining a safe and orderly learning environment.
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Freedom of religion
The First Amendment to the United States Constitution protects the freedom of religion through its Establishment Clause and Free Exercise Clause, which together form the religious liberty clauses 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 Establishment Clause prohibits any governmental "establishment of religion". This means that the government is prevented from endorsing, promoting, or becoming too involved with religion, thus ensuring the separation of church and state. The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of 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, the government can assist religion only if:
- The primary purpose of the assistance is secular;
- The assistance must neither promote nor inhibit religion;
- There is no excessive entanglement between church and state.
The Free Exercise Clause, on the other hand, prohibits any governmental interference with "the free exercise" of religion. This means that individuals have the right to practice their religion as they choose, as long as it does not violate "public morals" or conflict with a compelling" governmental interest. The Supreme Court has held that neutral and generally applicable laws that burden religious practices are constitutional in most cases. However, laws that impose special burdens on religious activities may trigger heightened scrutiny and be subject to strict scrutiny in some states.
The Supreme Court has also clarified that both clauses sometimes compete with each other. For example, when the government spends money on the clergy, it appears to be establishing a religion, but if the government cannot pay for military chaplains, it may infringe on the free exercise of religion for soldiers and sailors.
Some notable Supreme Court cases that have interpreted the First Amendment's freedom of religion include:
- Sherbert v. Verner (1963)
- Abington School District v. Schempp (1963)
- Engel v. Vitale (1962)
- Cantwell v. Connecticut (1940)
- Braunfeld v. Brown (1961)
- Zorach v. Clauson (1952)
- McCollum v. Board of Education (1948)
- Wallace v. Jaffree (1985)
- Gillette v. United States (1970)
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Freedom of the press
The First Amendment to the U.S. Constitution guarantees five freedoms: speech, press, religion, assembly, and petition. These are sometimes collectively referred to as freedom of expression. The freedom of the press, as outlined in the First Amendment, protects the right of the press to publish news and information without government interference or censorship. This freedom also includes the right of individuals to receive information and ideas, regardless of their social worth, as stated in Stanley v. Georgia (1969).
The First Amendment's protection of freedom of the press has been interpreted by the Supreme Court to include not only the printed word but also other forms of communication, such as broadcasting. In Red Lion Broadcasting Co., Inc. v. FCC (1969), the Court upheld the Federal Communications Commission's "fairness doctrine," which required broadcasters to present contrasting views on controversial issues. The Court found that this did not violate the First Amendment because the government has a significant interest in ensuring that the public receives a balanced presentation of information.
The freedom of the press also extends to the right of journalists to protect their sources and materials. In Cohen v. California (1971), the Court held that the First Amendment does not afford a reporter a constitutional testimonial privilege to agree to conceal facts relevant to a grand jury's investigation of a crime. However, in Branzburg v. Hayes (1972), the Court recognized a qualified privilege for journalists to refuse to reveal their sources, but this privilege is not absolute and can be overridden in certain circumstances.
The First Amendment's protection of freedom of the press also applies to the internet. In Reno v. ACLU (1997), the Court struck down a law that restricted online speech because it was too broad and content-based. The Court has also ruled that the government cannot require internet publishers and software developers to be licensed before they can publish, as this would constitute an attempt to regulate speech rather than a profession (Taucher v. Born, 1999).
While the freedom of the press is a fundamental right, it is not absolute. The Supreme Court has held that this freedom does not include the right to publish information that presents a clear and present danger, such as falsely shouting fire in a crowded theatre (Schenck v. United States, 1919). The Court has also recognized that the government has a legitimate interest in protecting minors from potentially harmful materials, but this interest must be balanced against the rights of adults to receive information (Rosenberger v. Rector and Visitors of the University of Virginia, 1995).
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Freedom of assembly
The First Amendment to the United States Constitution was ratified on December 15, 1791, and it prevents Congress from making laws that infringe on certain fundamental freedoms. One of these freedoms is the freedom of assembly, which is closely related to freedom of speech and freedom of the press. The First Amendment guarantees the right of the people to "peaceably assemble and to petition the Government for a redress of grievances."
The freedom of assembly protects the right of individuals to gather together and collectively express their views and interests. This right has been interpreted by modern Supreme Courts as an expansion of the core freedom of expression. The right to assemble is commonly exercised through protests, which have a long history in the United States. Various social and political movements, including political party advocacy, abolition of slavery, women's suffrage, labour movements, and civil rights organizations, have utilized the right to assemble to pursue their goals.
The Supreme Court has ruled that the right to peaceable assembly is equally fundamental as the rights to freedom of speech and freedom of the press. In De Jonge v. Oregon (1937), the Court unanimously held that the right to assembly is protected by all levels and forms of government in the United States. This interpretation was further applied in Thomas v. Collins (1945), where the Court ruled that the right of union organizers to inform others about joining a union is protected under both free speech and free assembly.
The freedom of assembly also encompasses the freedom of association, which is not explicitly mentioned in the First Amendment but has been recognized by the Supreme Court as indispensable for preserving other First Amendment freedoms. This freedom protects the right to associate with others in communities and relationships of all kinds. While the First Amendment only applies to state actors, it is important to note that private organizations, such as businesses, colleges, and religious groups, are not bound by the same constitutional obligations regarding freedom of assembly.
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Right to privacy
The right to privacy in the United States has been a topic of legal debate and interpretation, with no explicit mention of the term in the US Constitution. However, the First Amendment has been cited in several court cases involving privacy rights.
In Gilbert v. Minnesota (1920), Justice Louis D. Brandeis stated in his dissent that the First Amendment protected the privacy of the home. This case set a precedent for considering the right to privacy in relation to the First Amendment.
The landmark case Griswold v. Connecticut (1965) further advanced the concept of the right to privacy. In this case, Justice William O. Douglas placed the right to privacy in the "penumbra" or zones created by several amendments, including the First, Third, Fourth, Fifth, and Ninth Amendments. The court ruled that Connecticut's law criminalizing the use of contraception violated the right to privacy in the marital relation, which was protected by the Ninth Amendment. This decision laid the foundation for future cases on individual freedoms related to sex, marriage, and family, including Eisenstadt v. Baird (1972), Roe v. Wade (1973), and Planned Parenthood v. Casey (1992).
In Federal Communications Commission v. Pacifica Foundation (1978), the Court upheld a ban on indecent speech on the radio, citing the invasion of privacy in the home due to the pervasive nature of radio broadcasts. On the other hand, in Cohen v. California (1971), the Court ruled that the privacy concerns of individuals in a public place were outweighed by the First Amendment's protection of speech.
The right to privacy has also been linked to the freedom of assembly and association, as seen in De Jonge v. Oregon (1937) and NAACP v. Alabama (1958). In these cases, the Court acknowledged the right of individuals to assemble and associate freely without interference from the government.
While the right to privacy is not explicitly stated in the Constitution, court interpretations and rulings have shaped its understanding and application, particularly in relation to the First Amendment.
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Frequently asked questions
The First Amendment to the U.S. Constitution guarantees the freedoms of speech, press, religion, assembly, and petition.
Some landmark Supreme Court cases involving the First Amendment include: Tinker v. Des Moines (1969), Texas v. Johnson (1989), Stanley v. Georgia (1969), and Ashcroft v. ACLU (2002).
The Supreme Court ruled in favour of Tinker, stating that students do not "shed their constitutional rights at the schoolhouse gate" and have the right to express political and social views.
The case centred around whether flag-burning was protected by the First Amendment. The Supreme Court ruled that it was, stating that the government cannot prohibit the expression of an idea simply because it is offensive or disagreeable.
Yes, some recent cases include: City of Austin v. Reagan National Advertising of Austin, LLC (2022), Espinoza v. Montana Department of Revenue (2020), and City of Ladue v. Gilleo (1994).
