Omar Bennett
The First Amendment to the United States Constitution guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. It states that Congress shall make no law...abridging the freedom of speech. The freedom of speech also applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, and burning crosses. The Supreme Court has held that restrictions on speech because of its content—that is, when the government targets the speaker’s message—generally violate the First Amendment. However, the government can restrict speech under a less demanding standard when it does so without regard to the content or message of the speech.
| Characteristics | Values |
|---|---|
| Freedom of speech | Direct (words) and symbolic (actions) |
| Displaying flags, burning flags, wearing armbands, burning crosses, etc. | |
| Not saluting the flag | |
| Wearing black armbands to school to protest a war | |
| Using offensive words and phrases to convey political messages | |
| Nudity portrayed in films or stills | |
| Using offensive language | |
| Freedom of religion | Congress cannot promote one religion over others or restrict an individual's religious practices |
| Freedom of the press | Congress cannot restrict the press |
| Right to peaceably assemble | Citizens can assemble peaceably and petition their government |
| Right to petition | Citizens can petition their government |
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What You'll Learn
The First Amendment
> "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 speech also applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, or burning crosses. The Supreme Court has held that restrictions on speech because of its content, i.e., when the government targets the speaker's message, generally violate the First Amendment. Laws prohibiting people from criticising a war, opposing abortion, or advocating higher taxes are examples of unconstitutional content-based restrictions. However, the government can constitutionally restrict speech under a less demanding standard in certain situations. Content-neutral restrictions, such as those on noise, blocking traffic, or large signs, are generally considered reasonable and constitutional.
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Freedom of speech
The First Amendment to the United States Constitution guarantees freedom of speech and expression. It states that "Congress shall make no law...abridging the freedom of speech". This amendment ensures that people have the right to speak freely and express themselves without interference or censorship from the government. It also applies to symbolic expressions, such as displaying or burning flags, wearing armbands, and similar actions.
The Supreme Court has interpreted the First Amendment to mean that the government cannot target and restrict an individual's message or speech based on its content. For example, laws prohibiting people from criticising a war, opposing abortion, or advocating for higher taxes are considered unconstitutional content-based restrictions. However, the government can restrict speech under a less demanding standard when it does so without regard to the content. Content-neutral restrictions, such as those on noise, blocking traffic, or large signs, are generally considered reasonable and constitutional as long as they apply neutrally to all speakers.
The First Amendment also protects against government promotion of one religion over others and restricts Congress from interfering with an individual's religious practices. It guarantees the freedom to exercise one's religion without government interference. Additionally, it ensures the right of citizens to assemble peacefully and petition the government.
The interpretation and application of the First Amendment's protection of free speech have evolved over time through various court cases. For example, in Tinker v. Des Moines (1969), the Court upheld the right of students to wear black armbands to school to protest a war, stating that "students do not shed their constitutional rights at the schoolhouse gate." In Cohen v. California, the Court protected the use of certain offensive words and phrases to convey political messages. In Matal v. Tam, the Supreme Court struck down a federal law prohibiting trademarks that may disparage or bring contempt to any person, living or dead, as it violated the First Amendment's principle that speech cannot be banned solely because it expresses offensive ideas.
The First Amendment also extends to political expression, including political expenditures and contributions. While the Supreme Court recognised that these could be regulated if the government provided a sufficiently important justification, it affirmed that they constitute "speech" under the First Amendment as they facilitate political expression.
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Freedom of the press
The First Amendment to the United States Constitution guarantees freedom of speech and freedom of the press. The text of the First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press". This amendment ensures that the government cannot restrict the press or the rights of individuals to speak freely.
The freedom of the press has been interpreted to include symbolic expression, such as displaying flags, burning flags, wearing armbands, and burning crosses. The Supreme Court has held that restrictions on speech because of its content—that is, when the government targets the speaker's message—generally violate the First Amendment. For example, laws prohibiting people from criticising a war, opposing abortion, or advocating high taxes are unconstitutional content-based restrictions. Such laws are considered problematic because they distort public debate and contradict the principle of self-governance, which states that the government cannot be trusted to decide what ideas or information the people should hear.
However, there are certain situations in which the government can constitutionally restrict speech. Content-neutral restrictions, such as those on noise, blocking traffic, and large signs, are generally considered constitutional as long as they are "reasonable". These types of laws apply neutrally to all speakers regardless of their message, reducing the threat to the First Amendment concern that the government should not favour some ideas over others.
The First Amendment also protects against government censorship of speech. The previous US administration had been accused of trampling on free speech rights by censoring speech on online platforms and exerting pressure on third parties, such as social media companies, to suppress speech that was not approved by the Federal Government.
The freedom of the press, as protected by the First Amendment, is essential to the success of a free and democratic society.
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Freedom of religion
The First Amendment of the US Constitution protects religious freedom through the Establishment Clause and the Free Exercise Clause. The First Amendment 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 Free Exercise Clause upholds the right to hold any religious beliefs, including no religion at all, without government interference. This means that the government cannot promote or burden any religious beliefs or practices. The Establishment Clause and the Free Exercise Clause together protect religious freedom by limiting the government's involvement in religious matters.
The precise interpretation of these clauses has been a matter of dispute, with disagreement over whether there is one religion clause or two. The 16 words form a single sentence, with the word "religion" appearing only once, which has led to differing interpretations. On one hand, the two clauses may be seen as a single harmonious concept, protecting the freedom and independence of religion from government restrictions, sponsorship, and control. On the other hand, it is possible to interpret the clauses as allowing for free exercise rights even when there is an established church.
The Supreme Court has developed frameworks and legal standards for determining whether a restriction on religious freedom is constitutional. Generally, a governmental restriction on these rights must be consistent with the First Amendment to be upheld. The Court has clarified that constitutional protections extend only to sincerely held religious beliefs and activities, and an inquiry into the sincerity of one's religious beliefs may be appropriate in evaluating free exercise challenges. This ensures that purported religious beliefs are not motivated by political, philosophical, or sociological ideologies.
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Right to peaceably assemble
The right to peaceably assemble is a fundamental human right, political right, and civil liberty. It is recognised in the constitutions of several countries, including the United States, Ireland, Russia, and Taiwan. In the US, this right is enshrined in the First Amendment, which 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 protects the ability of individuals to gather peacefully and express, promote, pursue, and defend their ideas. It is often associated with the freedom to protest and has been crucial for dissenting and unorthodox groups, including civil rights activists, suffragists, and religious organisations, among others. The Supreme Court has emphasised that the government cannot criminalise "the peaceful expression of unpopular views", as seen in the 1963 case of Edwards v. South Carolina, where nearly 200 African-American students marched against segregation.
The right to peaceably assemble is closely linked to the freedoms of speech and the press, with the Supreme Court recognising that these rights are "equally fundamental". While the government can impose content-neutral restrictions on assembly, such as those related to noise or traffic, it cannot restrict assembly based on its content or message. This distinction is important, as content-neutral restrictions do not threaten the core First Amendment concern of the government favouring certain ideas over others.
The right to assemble has faced some neglect in recent times, with the Supreme Court not deciding a case on free assembly grounds in over thirty years. However, it remains an essential protection for individuals and groups to collectively express their views and pursue change.
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Frequently asked questions
The First Amendment to the United States Constitution guarantees freedoms concerning religion, expression, assembly, and the right to petition.
The First Amendment states that "Congress shall make no law...abridging freedom of speech." This means that the government cannot restrict the press or the rights of individuals to speak freely.
The First Amendment protects both direct (words) and symbolic (actions) forms of expression. For example, displaying flags, wearing armbands, and using offensive words to convey political messages.
Yes, the government can restrict speech under a less demanding standard when it does so without regard to the content or message of the speech. For example, content-neutral restrictions on noise, blocking traffic, and large signs are generally considered reasonable and constitutional.
Some notable court cases involving freedom of expression include West Virginia Board of Education v. Barnette, Tinker v. Des Moines, and Matal v. Tam. These cases dealt with issues such as students' rights to wear black armbands to school to protest a war, the use of offensive words in political speech, and trademark registration for potentially offensive names.
