Eleanor Finch
The First Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, is a crucial component of the Bill of Rights, safeguarding fundamental freedoms. It ensures governmental neutrality in matters of religion, protects the free exercise of religion, and upholds the rights to free speech, freedom of the press, peaceful assembly, and petitioning the government. The First Amendment has been the subject of numerous Supreme Court rulings, shaping its interpretation and impact on American society.
| Characteristics | Values |
|---|---|
| Religion | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof |
| Speech | Protects the right to free speech and free press |
| Assembly | Protects the right of the people to peaceably assemble |
| Petition | Protects the right of the people to petition the government for a redress of grievances |
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What You'll Learn
Freedom of religion
The First Amendment to the United States Constitution includes the Establishment Clause and the Free Exercise Clause, which together protect freedom of religion. The Establishment Clause prohibits the government from establishing a religion, promoting one religion over another, or being hostile towards religion. The Free Exercise Clause protects the right to practice religion freely and without interference from the government.
The text of the First Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This means that the government cannot favour a particular religion or create laws that restrict the free exercise of religion. The Supreme Court has interpreted this to mean that the government must remain neutral when it comes to religion and cannot prefer one religion over another. The First Amendment also protects citizens from being compelled by the government to say or pay for certain speech related to religion.
The Supreme Court has ruled on several cases that involve the First Amendment's protection of religious freedom. In Trinity Lutheran Church of Columbia, Inc. v. Comer (2017), the Court ruled that denying a public benefit to an institution because of its religious nature violates the Free Exercise Clause. In Espinoza v. Montana Department of Revenue (2020), the Court ruled that the Free Exercise Clause prevented a state from prohibiting the use of a state school choice program at a religious school based on its religious status. These cases affirm that the First Amendment protects the free exercise of religion and prevents the government from discriminating against religious institutions.
In Zorach v. Clauson (1952), the Supreme Court observed that the government may not finance religious groups, undertake religious instruction, blend secular and sectarian education, or use secular institutions to force religion on any person. However, the Court also noted that there is no requirement for the government to be hostile towards religion. Instead, the First Amendment mandates accommodation and forbids hostility towards any religion.
The First Amendment's protection of religious freedom is a reflection of the American founders' understanding of the importance of religion to human, social, and political flourishing. It ensures that individuals are free to practice and express their religious beliefs without interference from the government.
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Freedom of speech
The First Amendment of the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, includes the "freedom of speech" as one of the individual freedoms it protects. The First Amendment broadly protects the right to free speech and a free press. Free speech is defined as the free and public expression of opinions without censorship, interference, or restraint by the government.
The First Amendment mandates that "Congress shall make no law [...] abridging the freedom of speech, or of the press." This means that the government cannot restrict or impede an individual's right to express their opinions and ideas freely. This protection extends to matters of public concern, with the government prohibited from disciplining employees for constitutionally protected speech in these areas, as seen in the case Healthy City School District Board of Education v. Doyle (1977).
The First Amendment also protects citizens from being compelled by the government to express certain speech or pay for speech with which they disagree. For example, in the 2011 case of H. Walker Royall v. Carla Main, the Texas Fifth Court of Appeals ruled that criticism of public projects is protected by the First Amendment. Investigative journalist Carla Main was sued by a real estate developer, H. Walker Royall, who claimed that her book, Bulldozed: "Kelo," Eminent Domain, and the American Lust for Land, defamed him. The court's ruling reaffirmed the protection of free speech in matters of public interest and criticism.
The First Amendment's protection of free speech is not absolute, however. While it guarantees the right to express opinions and ideas without government interference, there are limitations, such as when speech incites imminent lawless action or is deemed likely to incite such action. The Supreme Court has ruled on these boundaries, providing clarity on where the line should be drawn between protected and unprotected speech.
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Freedom of the press
The First Amendment of the US Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, includes the following:
> [...] 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 broadly protects the rights of free speech and a free press. Free speech is defined as the free and public expression of opinions without censorship, interference, or restraint by the government.
The Amendment's explicit mention of freedom of the press is considered an acknowledgment of the critical role played by the press in American society. This freedom is not limited to the institutional press, as the Supreme Court has ruled that the First Amendment protects citizens from being compelled by the government to say or pay for certain speech.
The Free Press Clause does not grant the press the power to compel the government to furnish information or give access to information that the public does not have. However, it does protect the press from government restraint, as seen in the case of investigative journalist Carla Main, who wrote a book that was deemed defamatory by a real estate developer. The Texas Fifth Court of Appeals ruled in her favor, reaffirming that criticism of public projects is protected by the First Amendment.
The question of whether the Free Speech Clause and the Free Press Clause are coextensive has been raised, with some arguing that the institutional press should have greater freedom from governmental regulations or restrictions than non-press entities. However, the Supreme Court has not yet resolved this question.
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Right to assemble
The First Amendment of the US Constitution protects the right of the people to assemble peacefully. This right is also referred to as freedom of assembly and is considered fundamental, alongside the freedoms of speech and the press.
The right to assemble means that people are free to gather and associate with each other, and to communicate directly with their representatives. This includes the right to assemble on public property, such as parks, streets, and sidewalks, to express themselves and petition the government.
The Supreme Court has ruled that reasonable restrictions on the time, place, and manner of assemblies are constitutional, as long as they are content-neutral and narrowly tailored to serve the government's legitimate interests. For example, the Court upheld the right of a neo-Nazi group to march through Skokie, Illinois, home to many Holocaust survivors. However, the Court also invalidated a city ordinance that required a permit for people to meet in a public place to discuss labor rights.
The right to assemble is important on college and university campuses, where students encounter challenging new ideas and experience individual growth. Public universities are obligated to ensure that the right to assemble is protected.
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Right to petition the government
The First Amendment of the United States Constitution was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. It forms part of the Bill of Rights, which comprises the first ten amendments to the Constitution.
The First Amendment protects several fundamental freedoms, including the right to petition the government. This right guarantees the ability of the people to assemble and collectively approach the government to address their grievances. It ensures that individuals can make their voices heard by those in power and seek redress for any wrongs they believe have been committed against them.
The right to petition the government is a crucial aspect of a democratic society, promoting active civic engagement and participation in the political process. It empowers citizens to hold their government accountable and ensures that the government remains responsive to the needs and concerns of its people.
Throughout history, the right to petition has been a powerful tool for driving social change and influencing public policy. It allows individuals and groups to bring attention to issues that may otherwise go unnoticed or unaddressed. By presenting their grievances to those in power, citizens can advocate for change and work collaboratively with their government to find solutions.
The First Amendment's protection of the right to petition has been reaffirmed in various court cases. For example, in the 2011 Texas Fifth Court of Appeals case, investigative journalist Carla Main's criticism of a public project was protected under the First Amendment when she was sued for defamation by a real estate developer. This ruling highlighted the importance of upholding the right to petition and the freedom of speech in matters of public concern.
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Frequently asked questions
The First Amendment is part of the Bill of Rights, which lists the fundamental freedoms that all US citizens are entitled to.
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."
The First Amendment is significant because it protects citizens' rights to freedom of religion, speech, and press, as well as their right to assemble and petition the government. It also ensures governmental neutrality in matters of religion.
