Eleanor Finch
The First Amendment to the Constitution, ratified on December 15, 1791, is widely recognized for its protection of civil liberties, including freedom of speech, religion, and the press, as well as the right to assemble and petition the government. The amendment was influenced by the diverse political, religious, and social landscape of colonial America, and sought to prevent the establishment of a national religion and protect the free exercise of religion. The First Amendment has seen expanded interpretation in the 20th and 21st centuries, with Supreme Court decisions applying it to new forms of communication and expression, while also clarifying its limitations in certain contexts.
| Characteristics | Values |
|---|---|
| Date of Ratification | 15 December 1791 |
| Freedom of Speech | Protected |
| Freedom of Religion | Protected |
| Freedom of the Press | Protected |
| Right to Assemble | Protected |
| Right to Petition the Government | Protected |
| Applicability | Applicable to local, state, and federal governments |
| Forms of Expression with Little to No Protection | Commercial advertising, defamation, obscenity, and interpersonal threats to life and limb |
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What You'll Learn
Freedom of speech
The First Amendment to the United States Constitution, ratified on December 15, 1791, is commonly recognised for its protection of freedom of speech. The amendment states that "Congress shall make no law...abridging the freedom of speech". This means that the government cannot restrict expression based on its message, ideas, subject matter, or content.
The freedom of speech guaranteed by the First Amendment includes the liberty to discuss publicly and truthfully all matters of public concern, without previous restraint or fear of subsequent punishment. The Supreme Court has interpreted this to mean that all American speech is protected from infringement by any branch or section of federal, state, or local governments. However, this does not apply to private organisations such as businesses, colleges, and religious groups.
The First Amendment also protects the right to receive information and ideas, regardless of their social worth, and to be generally free from governmental intrusions into one's privacy and control of one's own thoughts. This includes the right to not speak, such as the right not to salute the flag, as well as the right to contribute money to political campaigns. The Supreme Court has also clarified that erroneous statements must be protected to give freedom of expression the space it needs to survive.
The First Amendment has been interpreted to protect more recent forms of communication, including radio, film, television, video games, and the internet. However, there are still some forms of expression that are not protected by the First Amendment, including commercial advertising, defamation, obscenity, and interpersonal threats to life and limb.
First Amendment: Media's Constitutional Cornerstone
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Freedom of religion
The First Amendment to the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, includes the Establishment Clause and the Free Exercise Clause, which together form the religious liberty clauses of the First Amendment. The First Amendment protects the freedom of religion by prohibiting the government from establishing a religion and interfering with the free exercise of religion.
The Establishment Clause prohibits the government from "establishing" a religion. Historically, this meant prohibiting state-sponsored churches, such as the Church of England. Today, the definition of "establishment of religion" is governed by the three-part "Lemon" test set forth by the U.S. Supreme Court in Lemon v. Kurtzman (1971). Under this test, the government can assist religion only if:
- The primary purpose of the assistance is secular;
- The assistance must neither promote nor inhibit religion;
- There is no excessive entanglement between church and state.
The Free Exercise Clause prohibits any governmental interference with "the free exercise" of religion. This clause protects the liberty of individuals to hold, practice, and change their religious beliefs freely according to the dictates of their conscience. The First Amendment thus ensures governmental neutrality in matters of religion and protects individuals' freedom to believe, worship, and express themselves in accordance with their religious beliefs.
The inclusion of the religious liberty clauses in the First Amendment reflects the American founders' understanding of the importance of religion to human, social, and political flourishing. It also acknowledges the diverse religious backgrounds of the colonists, some of whom had fled religious discrimination and persecution in Europe. By the time the United States declared independence in 1776, there was a general consensus that forcing the public to worship under a state-run church was contrary to the freedoms they sought to establish.
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Freedom of the press
The First Amendment to the United States Constitution was passed by Congress on September 25, 1789, and ratified on December 15, 1791. It is commonly recognised for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. The First Amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press".
The freedom of the press was considered by the founding fathers to be "one of the great bulwarks of liberty". The First Amendment's protection of the press was intended to prevent the federal government from exerting control over the press, as was the case in England under common law. The Amendment's authors recognised the importance of a free press in disseminating news and information, and sought to ensure that the press could perform this role without interference from the government.
The First Amendment has been interpreted by the Supreme Court to mean that laws targeting the press or treating different media outlets differently may violate the freedom of the press. For example, in Grosjean v. Am. Press Co. (1936), the Supreme Court held that a tax focused exclusively on newspapers violated the freedom of the press. Similarly, in Associated Press v. NLRB (1937), the Court ruled that applying an antitrust law to the Associated Press did not violate the freedom of the press.
The First Amendment's protection of the press has been extended to include modern forms of communication, such as radio, film, television, video games, and the internet. While the Amendment only applied to laws enacted by Congress initially, the Supreme Court has since determined that the freedoms it promises apply to local, state, and federal governments.
The First Amendment's guarantee of freedom of the press has been interpreted to mean that the press is entitled to greater freedom from government regulations and restrictions than non-press entities. This interpretation acknowledges the critical role played by the press in American society and the special needs of the press in performing its function effectively.
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Right to assemble
The First Amendment to the US Constitution, ratified on December 15, 1791, is commonly recognized for protecting freedom of speech, religion, and the press, as well as the right to assemble and petition the government. The right to assemble, as part of the First Amendment, guarantees the freedom of individuals to gather and collectively express their views, extending the freedom of speech beyond just individuals.
The text of the amendment states: ". . . or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This right to assemble has been a powerful tool for political advocacy, with movements for abolition, women's suffrage, labour, and civil rights all utilizing it in their pursuit of change.
The right to assemble is deeply rooted in the history of the United States, with early references to petitioning the government dating back to the Magna Carta in 1215 and the English Bill of Rights in 1689. The First Amendment's protection of assembly was unanimously affirmed in the 1937 De Jonge v. Oregon case, which established that the right to assemble is protected by all levels of government in the US.
While the First Amendment initially applied only to the federal government, Supreme Court decisions in the 20th and early 21st centuries have expanded its scope to include local and state governments as well. This expansion of the First Amendment has ensured that the right to assemble is protected across the nation, allowing individuals to collectively express their views and advocate for change without fear of legal repercussions.
The right to assemble is a fundamental aspect of a democratic society, enabling citizens to organize and make their voices heard by those in power. It empowers individuals to come together and actively participate in shaping the policies and decisions that affect their lives, communities, and the country as a whole.
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Right to petition the government
The First Amendment to the United States Constitution was ratified on December 15, 1791, and is commonly recognised for protecting freedom of speech, religion, and the press. It also protects the right of the people to assemble peacefully and to petition the government.
The right to petition the government is a significant aspect of the First Amendment, guaranteeing the ability of individuals and groups to address their grievances to the government and seek redress. This right has a long history, with early references dating back to the Magna Carta in 1215 and the English Bill of Rights in 1689. The inclusion of this right in the First Amendment reflects the influence of the political, religious, and social landscape of colonial America, where various religious groups settled in different colonies.
The text of the First Amendment states, "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 right to assemble and petition the government has been interpreted as an extension of freedom of speech to groups, allowing for collective expression and action. Throughout American history, various movements, including political party advocacy, abolition of slavery, women's suffrage, labour movements, and civil rights organisations, have utilised the right to assemble to make their voices heard.
While the First Amendment initially applied only to the federal government, Supreme Court decisions in the 20th and early 21st centuries have expanded its scope to include local and state governments as well. These interpretations have also broadened the types of expression protected by the First Amendment to include modern forms of communication such as radio, film, television, video games, and the Internet.
Despite the enduring significance of the right to petition, some critics consider it obsolete or irrelevant in the present day. Nonetheless, it stands as a testament to the foundational principles of the United States and the desire to protect the rights and liberties of its citizens.
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Frequently asked questions
Constitutional Amendment 1, also known as the First Amendment, was ratified on December 15, 1791.
The First Amendment protects freedom of speech, religion, and the press. It also protects the right to assemble and petition the government.
Religious liberty, or freedom of religion, is "the right of all persons to believe, speak, and act – individually and in community with others, in private and in public – in accord with their understanding of ultimate truth."
The Establishment Clause of the First Amendment prohibits the government from creating an established religion. It reflects a consensus that there should be no nationally established church.
