Simone Lawson
The First Amendment to the United States Constitution, ratified on December 15, 1791, protects several basic freedoms, including freedom of religion, freedom of speech, freedom of the press, the right to assemble peacefully, and the right to petition the government. It prohibits the government from establishing an official religion or interfering with how individuals practise their faith. It also guarantees the right to free expression, allowing people to speak and publish their ideas without interference or censorship from the government. The First Amendment has been interpreted and expanded over time to include newer forms of communication, such as radio, film, television, and the internet.
| Characteristics | Values |
|---|---|
| Freedom of religion | Protects the right to free expression of faith and forbids Congress from promoting one religion over others or restricting an individual's religious practices |
| Freedom of speech | Protects the right to express opinions without censorship, interference, or restraint by the government, and encompasses the decision of what to say and what not to say |
| Freedom of the press | Protects the right of individuals to express themselves through publication and dissemination of information, ideas, and opinions without interference, constraint, or prosecution by the government |
| Right to assemble | Protects the right of citizens to assemble peaceably |
| Right to petition the government | Protects the right of citizens to petition the government for a redress of grievances |
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What You'll Learn
Freedom of speech
The First Amendment to the United States Constitution, adopted on December 15, 1791, broadly protects the right to free speech. This means that individuals are free to publicly express opinions, ideas, and information without government censorship, interference, or restraint. This protection extends to both what individuals choose to say and what they choose not to say. The First Amendment also protects the freedom of the press, which includes the right to publish and disseminate information, ideas, and opinions without interference or constraint by the government.
The Supreme Court has clarified that the First Amendment protects against prior restraint, or pre-publication censorship, in almost all cases. This means that individuals are generally free to speak openly about violent action and revolution, except when such speech is directed at inciting imminent lawless action. For example, in Cohen v. California (1971), the Court overturned the conviction of a man wearing a jacket with an expletive-laden political message, citing protected political speech. Similarly, in Texas v. Johnson (1989), the Court ruled that flag-burning was a form of protected expression under the First Amendment, despite being considered offensive or disagreeable by society.
It's important to note that the First Amendment applies specifically to state actors and does not prohibit private, non-governmental entities from limiting free speech. Additionally, commercial speech is generally subject to greater regulation than political speech. The First Amendment also does not provide absolute protection, as there may be cases where national security or other compelling interests outweigh the right to free speech.
The right to free speech is a fundamental principle in a democratic society, allowing individuals to express themselves freely, engage in open debates, and hold the government accountable. It is a cornerstone of the Bill of Rights, reflecting the belief that individuals should have the liberty to share their thoughts and ideas without fear of censorship or retribution from the state.
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Freedom of religion
The First Amendment of the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, includes two provisions concerning freedom of religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. The precise definition of "establishment of religion" has been debated, but it generally refers to direct government aid to a church or religious institution. The Supreme Court has ruled that government assistance to religion is only permissible if it meets certain criteria: the primary purpose must be secular, it must not promote or inhibit any religion, and there must be no excessive entanglement between church and state. This clause ensures a separation between religious and governmental functions, preventing religious control over government and vice versa, thus protecting the freedom of citizens to practice their religion of choice without government interference.
The Free Exercise Clause protects the citizens' right to freely practice their religion. This means that individuals are free to choose and participate in their preferred religious beliefs and practices without government interference, as long as these practices do not conflict with "public morals" or a "compelling" governmental interest. This clause ensures that individuals can worship and express their religious beliefs without fear of legal repercussions or discrimination.
Together, these clauses ensure religious freedom and tolerance in the United States, allowing for a diverse range of religious beliefs and practices to coexist peacefully within society. They protect citizens from religious persecution and ensure that the government remains neutral in religious matters, treating all faiths and their followers equally before the law.
The First Amendment's protection of freedom of religion is a fundamental aspect of American democracy, reflecting the nation's commitment to individual liberty and religious pluralism. It ensures that citizens are free to follow their conscience in matters of faith and worship, contributing to a society that values diversity and respects the religious rights of all its members.
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Freedom of the press
The First Amendment of the United States Constitution protects several basic freedoms, including freedom of speech and freedom of the press. The latter is deeply rooted in the country's commitment to democracy and acts as a check on government power.
The First Amendment's protection of freedom of the press has been interpreted by the Supreme Court as acknowledging the critical role played by the press in American society. This interpretation takes into account the unique needs of the press in performing its function effectively. For example, in Murdock v. Pennsylvania (1943), the Supreme Court stated that "freedom of the press, freedom of speech, and freedom of religion are in a preferred position." The Court added that a community may not suppress or tax the dissemination of views, even if they are unpopular, annoying, or distasteful.
While the First Amendment guarantees freedom of the press, it does not grant the media special access to information not available to the public. In Branzburg v. Hayes, the Court determined that the First Amendment does not entitle the press to different legal treatment from others. Similarly, in Houchins v. KQED (1978), the Court concluded that the First Amendment did not grant the media special access to prisons.
The First Amendment's freedom of the press clause has also been interpreted as not conferring on the press the power to compel the government to furnish information. However, it is important to note that the Supreme Court has not settled whether the institutional press is entitled to greater freedom from government regulation than non-press entities.
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Right to assemble
The First Amendment of the United States Constitution guarantees several freedoms concerning religion, expression, assembly, and the right to petition. The right to assemble, or freedom of assembly, is one of these fundamental freedoms.
The right to assemble means that citizens have the freedom to gather and associate with each other, engage in expressive activities, and communicate directly with their representatives. This right is focused on public participation and communication and is closely linked to the rights of free speech and a free press. It is important to note that the right to assemble protects peaceful assembly, not violent or unlawful assembly.
The First Amendment restricts the government from making laws that would infringe on the right to assemble. This means that citizens have the right to gather and assemble on public property, such as parks, streets, and sidewalks, to express themselves and petition their government. The Supreme Court has upheld the right to assemble in several cases, including De Jonge v. Oregon (1937) and National Socialist Party of America v. Village of Skokie (1977).
The right to assemble has been interpreted to protect the assembly of groups espousing messages of hate or racial supremacy, such as neo-Nazi groups. In Forsyth County v. Nationalist Movement (1992), the Supreme Court struck down an ordinance that allowed officials to charge higher permit fees to groups whose marches would require more police protection. The Court asserted that the First Amendment prohibits giving such discretion to government officials.
The right to assemble is also important on college and university campuses, where students should be free to encounter challenging ideas and express their own views. Public universities have an obligation to protect the right to assemble and ensure that students can assemble peacefully and express their views without interference.
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Right to petition
The First Amendment of the United States Constitution guarantees several fundamental rights, including freedom of religion, expression, assembly, and the right to petition. The right to petition is a crucial aspect of the First Amendment, ensuring that citizens can assemble peacefully and collectively address their government to address wrongs done to them.
The right to petition gives people the ability to formally address their government and seek action or change. This right is often overlooked, but it is essential for enforcing other civil liberties and holding the government accountable. The right to petition has been used throughout history to advocate for significant causes, such as the abolition of slavery, where over a thousand petitions were sent to Congress, signed by approximately 130,000 citizens.
The text of the First Amendment specifically states that Congress shall make no law "abridging...the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This means that citizens have the right to gather peacefully and approach their government with requests to address any wrongs or injustices they have faced. The right to petition is not just limited to the federal legislature and courts but extends to all state and federal branches, including the executive branch.
The Supreme Court has also recognised that the right to petition includes access to the courts and protection from retaliation for filing lawsuits against the government. However, it is important to note that the right to petition does not guarantee a response from the government. The Supreme Court clarified that the First Amendment does not suggest that the government must listen to or respond to communications from citizens, only that citizens have the right to approach and address their government.
The right to petition has evolved to include more than just "a redress of grievances." It now encompasses demands for the government to exercise its powers in the interest of the petitioners and to address politically contentious matters. This evolution ensures that citizens can actively engage with their government and seek action on issues that are important to them.
Amendment XXI: Revoking Prohibition and Empowering States
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Frequently asked questions
The First Amendment to the United States Constitution broadly protects the rights of free speech, freedom of religion, and freedom of the press.
Freedom of speech means the free and public expression of opinions without censorship, interference, or restraint by the government. This includes the decision about what to say as well as what not to say.
Freedom of the press means the right of individuals to express themselves through publication and dissemination of information, ideas, and opinions without interference, constraint, or prosecution by the government.
