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The First Amendment to the United States Constitution, also known as Amendment I, is part of the Bill of Rights. It was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. The First Amendment prevents Congress from making laws that infringe on freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government. It is most well-known for its protection of freedom of speech and has been the subject of numerous Supreme Court decisions interpreting its scope and application.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Number of amendments proposed | 12 |
| Number of amendments ratified | 10 |
| Place in the Bill of Rights | First |
| Original place in the Bill of Rights | Third |
| Freedom of religion | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof |
| Freedom of speech | Congress shall make no law abridging the freedom of speech |
| Freedom of the press | Congress shall make no law abridging the freedom of the press |
| Freedom of assembly | Congress shall make no law abridging the right of the people to peaceably assemble |
| Right to petition the government | Congress shall make no law abridging the right of the people to petition the government for a redress of grievances |
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What You'll Learn
The Bill of Rights
The First Amendment is part of the Bill of Rights, the first ten amendments to the US Constitution. The Bill of Rights was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. The original draft of the Bill of Rights contained twelve amendments, but only ten were ratified. The first two articles were not ratified by the states, so what is now the First Amendment was originally third in the Bill of Rights.
The First Amendment prevents Congress from making laws that establish a religion or prohibit the free exercise of religion. It also protects freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for redress of grievances. The amendment has been interpreted by the Supreme Court to mean that no branch or section of the federal, state, or local governments can infringe upon these freedoms.
The First Amendment has been applied to the states through a process known as incorporation via the Due Process Clause of the Fourteenth Amendment. This process began with Gitlow v. New York (1925) and has continued with a series of 20th- and 21st-century court decisions that have expanded the amendment's protections to include various forms of political speech, anonymous speech, campaign finance, pornography, and school speech. The First Amendment has also been interpreted to protect freedom of association.
Amendments: Freedom of Speech, Press, and Peaceful Assembly
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Freedom of religion
The First Amendment to the United States Constitution was proposed by the First Congress of the United States on September 25, 1789, along with 11 other amendments. It was ratified on December 15, 1791, and forms part of the Bill of Rights.
The First Amendment prevents Congress from making laws that infringe on the freedom of religion, among other things. Specifically, it contains two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from "establishing" a religion. In other words, it prevents the government from creating a state-sponsored church, such as the Church of England. The precise definition of "establishment" has been a matter of contention and has been interpreted in various ways over time.
The Free Exercise Clause, on the other hand, protects the free exercise of religion. This means that individuals are free to practise their religious beliefs without government interference. This clause also ensures that individuals are not prohibited from assembling peacefully with others who share their beliefs.
Together, these two clauses ensure that the government remains neutral on religious matters and protects the religious freedom of its citizens.
The First Amendment's protection of religious freedom has been upheld and expanded upon by the Supreme Court in various cases throughout history. For example, in Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to support the separation of church and state and the free exercise of religious beliefs.
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Freedom of speech
The First Amendment to the United States Constitution is part of the Bill of Rights, which lists the first ten amendments to the Constitution. The First Amendment was ratified on December 15, 1791, and is most commonly recognised for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government.
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 First Amendment was proposed by the First Congress of the United States on September 25, 1789, along with eleven other amendments. The original draft of the Bill of Rights had what is now the First Amendment listed as the third article. The first two articles were not ratified by the states, so the article on disestablishment and free speech became the first amendment.
The First Amendment's protection of freedom of speech has been interpreted and expanded over time by the Supreme Court. The Court has held that the First Amendment's protection of free speech does not apply to obscene speech, and the federal government and states have restricted obscene speech, particularly pornography. However, as of 2019, pornography, except for child pornography, is free of governmental restrictions. The First Amendment also does not protect commercial advertising, defamation, or interpersonal threats.
The First Amendment's protection of free speech has been applied to states through a process known as incorporation via the Due Process Clause of the Fourteenth Amendment. The Supreme Court has also ruled that the First Amendment implicitly protects freedom of association.
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Freedom of the press
The First Amendment to the United States Constitution is part of the Bill of Rights, which lists a total of ten amendments. The First Amendment was adopted on December 15, 1791, and ratified by three-fourths of the state legislatures.
The First Amendment protects the freedom of the press, among other freedoms. Specifically, it states that "Congress shall make no law [...] abridging the freedom of speech, or of the press". This amendment ensures that the press has the right to publish information and opinions without interference or censorship from the government. The Free Press Clause applies to a wide variety of media, including radio, film, television, video games, and the internet.
The First Amendment's protection of the freedom of the press has been interpreted and applied in various court cases over the years. For example, in Near v. Minnesota (1931) and New York Times Co. v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint, or pre-publication censorship. This means that the government cannot censor or restrict what the press publishes before it is made public.
Additionally, the First Amendment also protects the freedom of speech, which is closely related to the freedom of the press. This includes protection for various forms of political speech, anonymous speech, and campaign finance. However, it is important to note that not all forms of speech are equally protected. For instance, commercial speech and advertising have less protection and are subject to greater regulation. Obscenity, defamation, and certain types of threats are also not protected by the First Amendment.
The First Amendment's guarantee of freedom of the press is a fundamental aspect of the United States Constitution and has been integral in shaping the country's media landscape and the public's access to information. It ensures that the press can operate freely and independently, playing a crucial role in informing and engaging citizens in a democratic society.
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Right to assembly
The First Amendment to the United States Constitution is part of the Bill of Rights, which lists the first ten amendments to the Constitution. The First Amendment was adopted on December 15, 1791, and it prevents Congress from making laws that infringe on certain fundamental freedoms. One of these freedoms is the right to peaceably assemble.
The right to peaceably assemble is a fundamental right guaranteed by the First Amendment, which states that "Congress shall make no law... abridging... the right of the people peaceably to assemble". This right protects the ability of individuals to gather and assemble in public places without interference or restriction from the government. It is closely related to the rights of free speech and freedom of the press, as it allows individuals to express their views and engage in collective action.
The right to peaceable assembly has been the subject of several landmark court cases, including De Jong v. Oregon in 1937, where the Supreme Court ruled that state governments may not violate this right. In another case, Coates v. City of Cincinnati (1971), the Court found that an ordinance criminalizing the act of three or more people gathering in public and engaging in "annoying conduct" violated the First Amendment.
The right to assemble has also been extended to protect the freedom of association, which means that individuals are free to associate with others who share their beliefs and interests without government interference. This freedom has been interpreted to include even those who espouse messages of hate or racial supremacy, as in the case of a neo-Nazi group that was permitted to march through Skokie, Illinois, a suburb with many Holocaust survivors.
The First Amendment's protection of the right to assemble is not absolute, however. It only applies to peaceful assemblies, and it does not prevent the government from imposing reasonable time, place, and manner restrictions on assemblies to ensure public safety and order. Additionally, the government may still regulate commercial speech and obscene speech to a greater extent than political speech, as commercial speech is less protected by the First Amendment.
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Frequently asked questions
The First Amendment is listed in the Bill of Rights.
The Bill of Rights is the first ten amendments to the US Constitution.
The First Amendment was proposed on September 25, 1789, by the First Congress of the United States.
The First Amendment was ratified on December 15, 1791.
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.
