Eleanor Finch
The First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The First Amendment prevents Congress from making laws that establish a national religion, prohibit the free exercise of religion, or abridge the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. The First Amendment was proposed to limit government power and protect individual liberties, such as the right to speak and worship freely.
| Characteristics | Values |
|---|---|
| Date of ratification | December 15, 1791 |
| Type of Amendment | One of the first 10 amendments that constitute the Bill of Rights |
| Purpose | To curtail the power of Congress to interfere with the individual's freedom to believe, to worship, and to express himself in accordance with the dictates of his own conscience |
| Key freedoms | Freedom of speech, religion, press, assembly, and petition |
| Scope | Applies to local, state, and federal governments |
| Protection | Does not apply to private organizations such as businesses, colleges, and religious groups |
| Limitations | Does not protect commercial advertising, defamation, obscenity, and interpersonal threats to life and limb |
Explore related products
What You'll Learn
Freedom of religion
The First Amendment to the US Constitution, part of the Bill of Rights, 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. The precise definition of "establishment" is unclear, but historically, it 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 test set forth by the US Supreme Court in Lemon v. Kurtzman (1971). This case established a set of criteria to determine whether a law violates the Establishment Clause.
The Free Exercise Clause prohibits the government from prohibiting the free exercise of religion. In other words, individuals are free to practise their chosen religion without government interference. This includes the freedom to hold religious beliefs, engage in religious worship and observance, and participate in religious activities.
The First Amendment's protection of religious freedom is a fundamental aspect of the US Constitution, ensuring that individuals have the right to practise their religion of choice without government intervention or promotion of a specific religion. This right was first proposed as part of the Bill of Rights in 1789 and ratified in 1791, and it continues to shape religious freedom in the US today.
The Establishment and Free Exercise Clauses have been the subject of numerous court cases over the years, with the Supreme Court providing further clarification and interpretation of these rights. One notable case is Engel v. Vitale, which dealt with religion in schools and the Establishment Clause. These cases highlight the ongoing importance of the First Amendment's protection of religious freedom in various contexts.
Patriot Act: Constitutional Rights Violated
You may want to see also
Freedom of speech
The First Amendment to the United States Constitution, ratified on December 15, 1791, is a protection of freedom of speech, religion, the press, and the right to assemble and petition the government. It states: "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 in 1789 as one of twelve amendments to the Constitution. Ten of these were ratified by three-fourths of the state legislatures on December 15, 1791, and constitute the first ten amendments, or the Bill of Rights. The First Amendment was originally drafted as the third article, but the first two were not ratified by the states, so it ended up being the first.
The freedom of speech protected by the First Amendment has been interpreted to include more modern forms of communication, such as radio, film, television, video games, and the internet. The right to assemble has been interpreted as an extension of freedom of speech to groups, and is often manifested as the right to protest. The right to petition the government is considered by some to be obsolete or irrelevant, but it has historical significance, dating back to the Magna Carta in 1215 and the English Bill of Rights in 1689.
The First Amendment also prohibits the establishment of a national religion, reflecting a consensus that arose after the American Revolutionary War. This prohibition has been interpreted to include a ban on financial aid for religious individuals and institutions, as well as on government comments on religious questions. The Supreme Court has ruled that the government must remain neutral between different religions and between religion and non-religion, and that one religious denomination cannot be officially preferred over another.
Abolishing Slavery: The Thirteenth Amendment's Historic Addition
You may want to see also
Freedom of the press
The First Amendment to the United States Constitution, part of the Bill of Rights, was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. It is the first of 27 amendments to the Constitution.
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 freedom of the press, as outlined in the First Amendment, has been the subject of much debate and several Supreme Court decisions. The Amendment's Free Press Clause has been interpreted in various ways, with some arguing that it grants the press greater freedom from government regulation than that enjoyed by non-press individuals or groups.
One notable case is Houchins v. KQED (1978), in which Justice Potter Stewart argued that the First Amendment's separate mention of freedom of speech and freedom of the press acknowledges the critical role played by the press in American society. He further stated that the Constitution requires sensitivity to this role and the special needs of the press in performing it effectively.
Another case, Bellotti (1978), addressed the question of whether the Press Clause confers upon the 'institutional press' any freedom from government restraint not enjoyed by others. The plurality opinion, written by Chief Justice Warren Burger, concluded that the First Amendment did not grant the media special access privileges.
The freedom of the press remains a highly relevant and debated issue, with ongoing discussions about the extent of press freedoms and the balance between free speech and libel or slander laws.
Constitutional Amendments: Relevant to Modern Debates?
You may want to see also
Explore related products
![First Amendment: [Connected eBook] (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61-dx1w7X0L._AC_UY218_.jpg)
Freedom of assembly
The First Amendment to the U.S. Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It is the first of 27 amendments to the Constitution and is comprised of ten amendments that were proposed by the First Congress of the United States in 1789.
The First Amendment establishes several fundamental rights, including freedom of assembly. This freedom protects the right of people to gather on public property, such as parks and sidewalks, to engage in expressive activities. This can include protests, planning meetings, and other social or political activities. The freedom of assembly is often considered in conjunction with the right to free speech, as it allows individuals to collectively express their views and pursue political action.
The text of the First Amendment states that "Congress shall make no law [...] 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." This means that Congress is prohibited from enacting laws that infringe upon the right to assemble. The Amendment ensures that even when the majority of citizens may find certain expressions offensive, the freedom to assemble and express oneself peacefully must be protected.
The right to assemble has been reaffirmed in several court cases. In DeJonge v. Oregon (1937), the Supreme Court ruled that "the holding of meetings for peaceable political action or any lawful discussion" is protected by the First Amendment. This ruling eliminated the Cruikshank limitation, which had restricted the application of the First Amendment to the states. Similarly, in Thomas v. Collins (1945), the Court struck down a Texas law prohibiting unions from soliciting new members without a permit, further protecting the freedom to assemble for lawful discussion.
However, it is important to note that the right to assemble is not absolute. In Virginia v. Hicks (2003), the high court allowed restrictions on assembly in a housing project to curb drugs and other crimes in the area. The court unanimously decided that the First Amendment did not protect unauthorized individuals from entering these areas for activities unrelated to the expression of protected freedoms. While the freedom of assembly is a fundamental right, it can be balanced against other important interests, such as public safety and the prevention of imminent harm.
The Ninth Amendment: Protecting Our Unalienable Rights
You may want to see also
Right to petition the government
The First Amendment to the United States Constitution enumerates the right of the people to "assemble, and to petition the Government for a redress of grievances". This right to petition the government is a powerful tool that has supported significant social change throughout the history of the United States.
The right to petition is deeply rooted in the nation's legal heritage, dating back to the Magna Carta and the English Bill of Rights of 1689. The nation's founders viewed this freedom as a means to protect all other freedoms, essential in a self-governing system of government. The right to petition has been used to advocate for various causes, including the end of slavery, women's suffrage, and the Civil Rights Movement.
The First Amendment prohibits Congress from abridging the right of the people to petition. This means that citizens have the right to assemble and present their concerns or demands to the government. The right to petition is not limited to specific issues but has expanded beyond demands for a "redress of grievances" to include demands for the government to act in the interest and prosperity of its citizens and to address politically contentious matters.
While the right to petition grants citizens the ability to address the government, it does not require the government to listen or respond to these communications. This interpretation has been upheld by the United States Supreme Court, which has ruled that the right to petition is coextensive with the right to free speech, but does not guarantee a response from government policymakers.
The right to petition also includes the freedom to lobby, whether personally or through a hired lobbyist, as well as the right to sue the government in court. These freedoms, combined with the right to petition, provide citizens with a powerful tool to advocate for change and hold the government accountable.
The Grand Jury Process: Constitutional Amendment Explained
You may want to see also
Frequently asked questions
The First Amendment to the United States Constitution prevents Congress from making laws that establish a national religion, prohibit the free exercise of religion, or restrict freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for a redress of grievances.
The First Amendment prohibits the government from establishing a religion or interfering with the free exercise of religion. This includes prohibiting prayer in government settings, providing financial aid to religious individuals or institutions, and commenting on religious questions. The First Amendment ensures governmental neutrality in matters of religion.
The First 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 American speech. The First Amendment has been upheld in several cases, including Gitlow v. New York (1925), which determined that the freedoms promised in the amendment apply to local, state, and federal governments, and Gillette v. United States (1970), which affirmed that the First Amendment consists of "ensuring governmental neutrality in matters of religion."
