Simone Lawson
The United States Constitution has been amended 27 times, beginning with the Bill of Rights, which comprises the first 10 amendments, ratified on December 15, 1791. The First Amendment, which is part of the Bill of Rights, 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 most recent amendment, the 27th Amendment, was ratified in 1992, 203 years after it was first proposed in 1789.
| Characteristics | Values |
|---|---|
| Date proposed | September 25, 1789 |
| Date adopted | December 15, 1791 |
| Part of | The Bill of Rights |
| Purpose | To prevent Congress from making laws respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances |
| Powers | Limits the power of Congress and of the states to abridge the individual freedoms it protects |
| Neutrality | Mandates governmental neutrality between religions, and between religion and nonreligion |
| Free speech | Protects freedom of speech, including the right not to speak, to use offensive language, to engage in symbolic speech, to advertise commercial products, to assemble, and to petition the government |
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What You'll Learn
The First Amendment
The freedom of speech protected by the First Amendment includes both direct and symbolic speech. The Supreme Court has ruled on numerous cases involving the interpretation of protected speech, such as the right of students to wear black armbands to school to protest a war, the right to use certain offensive words and phrases to convey political messages, and the right to burn draft cards as an anti-war protest. The First Amendment also protects commercial speech, such as advertising products and professional services, and symbolic speech, such as burning the flag in protest. However, it does not protect inciting imminent lawless action, creating or distributing obscene materials, or engaging in false and defamatory speech.
The freedom of the press confirmed by the First Amendment ensures that the government cannot restrict mass communication. While this guarantees the freedom of the press, it does not grant media businesses any additional constitutional rights beyond those of nonprofessional speakers. The right to assemble peaceably, protected by the First Amendment, allows individuals to gather and collectively express their views and opinions. Finally, the right to petition the government for a redress of grievances, which dates back to the 1215 Magna Carta and the 1689 English Bill of Rights, empowers individuals to seek corrective action from the government for perceived wrongs.
Amending the Constitution: Who Can Propose Changes?
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Freedom of religion
The First Amendment of the US 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 guarantees freedom of religion, speech, and the press, as well as the right to assemble and petition the government.
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 establish an official religion or prevent people from practising their chosen religion. It also prevents the government from favouring one religion over another.
The freedom of religion clause ensures that individuals are free to hold and adopt religious beliefs of their choice. It also protects the freedom to change or abandon these beliefs. This right extends to atheists and agnostics, guaranteeing their right not to hold or practise any religious beliefs.
The clause prohibits the government from establishing a religion or favouring one religion over another. This ensures that people of all faiths and none are treated equally under the law. It also prevents the government from using its power to compel people to participate in religious activities or to conform to religious practices.
The free exercise clause protects the right to practise one's religion. This includes the freedom to engage in religious rituals, attend religious services, and participate in religious education. It also protects the right to refuse to participate in activities that conflict with one's religious beliefs, as long as these activities do not infringe on the rights of others.
The First Amendment's guarantee of freedom of religion is a fundamental aspect of the US Constitution, ensuring religious liberty and tolerance for all citizens. It plays a crucial role in maintaining the separation of church and state and protecting the religious diversity of the nation.
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Freedom of speech
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. It prevents Congress from making laws that infringe on the freedom of speech, freedom of the press, freedom of religion, freedom of assembly, or the right to petition the government for redress of grievances.
The First Amendment guarantees the right to express oneself and receive information and ideas without government censorship or intrusion into one's privacy and control of one's thoughts. This includes the freedom to discuss publicly and truthfully all matters of public concern without fear of punishment. The Supreme Court has characterised these rights as fundamental personal rights and liberties that lie at the foundation of free government.
The First Amendment also protects the freedom of the press, which is considered to be in a "'preferred position'" alongside freedom of speech and freedom of religion. This freedom extends to the right to distribute, receive, and read information, as well as freedom of inquiry and thought. The Supreme Court has clarified that erroneous statements must be protected to ensure that freedom of expression can thrive.
While the First Amendment guarantees freedom of speech, this right is not absolute and is subject to certain limitations. For example, the right to express oneself does not include the right to defame or incite imminent lawless action. The Supreme Court has also noted that the government has no power to restrict expression based on its message, ideas, subject matter, or content.
Overall, the First Amendment's protection of freedom of speech is essential for maintaining a free and open society, where individuals are guaranteed the right to express themselves and receive information without government interference.
The Evolution of Constitutional Amendments: A Historical Perspective
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Right to assemble
The right to assemble is an essential freedom guaranteed by the First Amendment of the US Constitution. This right ensures that individuals can gather peacefully and express their views without interference from the government. 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."
The right to assemble is closely linked to the rights of free speech and free press, as recognised by the Supreme Court in the 1937 case of De Jonge v. State of Oregon. In this case, the Court ruled that "the right to peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental." The Court emphasised that the right to assemble is fundamental to a free and democratic society, and that it cannot be denied without violating the principles of civil and political institutions.
The right to assemble protects individuals and groups with diverse viewpoints, including striking workers, civil rights advocates, and anti-war demonstrators, and even those espousing messages of hate or racial supremacy, such as the Ku Klux Klan (KKK). In the famous 1977 case, National Socialist Party v. Skokie, the American Civil Liberties Union successfully argued that the First Amendment prohibited officials from banning a march by the National Socialist Party in Skokie, Illinois, a suburb of Chicago home to many Holocaust survivors.
While the government generally cannot restrict the right to assemble, there are certain limitations. For example, the assembly must be peaceful, and there must not be a "clear and present danger" or an "imminent incitement of lawlessness". Additionally, government officials may impose reasonable "time, place, and manner" restrictions to further legitimate regulatory objectives.
The right to assemble is particularly important on public college and university campuses, where students are expected to encounter diverse ideas and grow individually. Public universities have an obligation to protect this right, ensuring that students can freely assemble and express their views.
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The Bill of Rights
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 Second Amendment, which took 203 years to ratify, states that:
> "The right of the people to keep and bear arms shall not be infringed."
The Third Amendment states that:
> "No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law."
The Fourth Amendment protects the right of the people against unreasonable searches and seizures.
The Fifth Amendment guarantees due process of law, protects against self-incrimination, and prohibits double jeopardy.
The Sixth Amendment guarantees the right to a speedy trial, to be informed of the nature and cause of the accusation, and to have compulsory process for obtaining witnesses.
The Seventh Amendment preserves the right to a trial by jury in certain civil cases.
The Eighth Amendment prohibits excessive bail or cruel and unusual punishments.
The Ninth Amendment states that the enumeration of certain rights in the Constitution shall not be construed to deny or disparage others retained by the people.
The Tenth Amendment states that:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
The US Constitution's Latest Ratification Amendments
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Frequently asked questions
The First Amendment to the United States Constitution 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 to address grievances.
The 17th Amendment modifies Article I, Section 3 of the Constitution, dictating that the Senate shall be composed of two Senators from each state, serving six-year terms, and each Senator shall have one vote.
The 12th Amendment supersedes a portion of Article II, Section 1 of the Constitution. It states that the powers not delegated to the United States by the Constitution, nor prohibited to the States, are reserved for the States or the people.
The 27th Amendment pertains to the selection of a President and Vice President. If a President is not chosen before the start of their term, the Vice President-elect shall act as President until a President qualifies.
In Stanley v. Georgia (1969), the Supreme Court affirmed that the First Amendment protects the right to receive information and ideas and safeguards individuals from undue government intrusion into their privacy and personal beliefs.
