Eleanor Finch
The First Amendment to the United States Constitution, which was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights, guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from promoting one religion over others and restricting an individual's religious practices. It also prohibits Congress from restricting the press or the rights of individuals to speak freely, and guarantees the right of citizens to assemble peaceably and to petition their government.
| Characteristics | Values |
|---|---|
| Date proposed | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Type of amendment | One of ten amendments that constitute 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 |
| Other names | Amendment I |
Explore related products
![The First Amendment (Aspen Casebook)[Connected eBook]](https://m.media-amazon.com/images/I/610SngkvGZL._AC_UY218_.jpg)
What You'll Learn
Freedom of religion
The First Amendment to the United States Constitution, also known as Amendment I, contains provisions concerning freedom of religion. The First Amendment was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.
The First Amendment guarantees freedom of religion by prohibiting the government from establishing or promoting a particular religion and by protecting individuals' religious practices from governmental interference. This includes the right to believe, worship, and express oneself according to one's religious beliefs. The precise definition of "establishment of religion" has been a subject of debate, but it historically meant prohibiting state-sponsored churches, such as the Church of England.
The two clauses concerning religion in the First Amendment are the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from "establishing" a religion, while the Free Exercise Clause protects individuals' religious practices. These clauses were explained in the 1985 Supreme Court case Wallace v. Jaffree, which clarified that the First Amendment equally limits the power of Congress and the states to abridge the individual freedoms it protects.
In addition to protecting religious freedom, the First Amendment also guarantees freedoms of speech, the press, assembly, and the right to petition the government for redress of grievances. These freedoms are integral to the protection of civil liberties and were included in the First Amendment due to concerns about the lack of adequate guarantees for these liberties in the original Constitution.
Congress can enact legislation to expand First Amendment free exercise rights through its enforcement powers in Section 5 of the Fourteenth Amendment. However, as seen in the case of City of Boerne v. Flores (1997), Congress cannot impose its interpretation of constitutional rights on states and localities but can only enforce the Supreme Court's interpretation.
The Amendment That Gave Women the Right to Vote
You may want to see also
Freedom of speech
The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights, which consists of the first ten amendments to the Constitution. The First Amendment was adopted on December 15, 1791, and it serves to prevent Congress from making laws that infringe on certain individual freedoms.
One of the key freedoms protected by the First Amendment is freedom of speech. This freedom is guaranteed through the prohibition of Congress from restricting the press or the rights of individuals to speak freely. The First Amendment also protects freedom of the press, which was recognised as early as 1776 during the American Revolutionary War, when the Virginia colonial legislature passed a Declaration of Rights that included the statement, "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic governments."
The First Amendment's protection of free speech is not absolute, however. While it prohibits Congress from abridging freedom of speech, it does not prevent private entities from imposing certain restrictions. Additionally, the Supreme Court has ruled that certain categories of speech, such as obscenity, defamation, and incitement to imminent lawless action, are not protected by the First Amendment.
The interpretation and application of the First Amendment's freedom of speech have evolved over time. In the early years of the United States, the amendment was interpreted more narrowly than it is today. Initially, it applied only to laws enacted by Congress, but now it also extends to state and local laws. The expansion of First Amendment rights has been facilitated through Congress's enforcement powers under Section 5 of the Fourteenth Amendment, which allow for the enactment of legislation that expands these rights.
The First Amendment's guarantee of freedom of speech is a fundamental aspect of the United States Constitution, ensuring that individuals have the right to express themselves freely without governmental interference. This right has been central to the country's democratic values and has been defended and expanded upon through legislative and judicial actions over the years.
Amending the Constitution: Math and Democracy
You may want to see also
Freedom of the press
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 guarantees freedom of the press, alongside freedom of religion, expression, and assembly, and the right to petition.
The First Amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press". This means that Congress cannot restrict the press or the rights of individuals to speak freely. The Amendment also guarantees the freedom of the press by forbidding Congress from promoting one religion over others and restricting an individual's religious practices.
The freedom of the press is considered one of the greatest bulwarks of liberty, with Justice Potter Stewart arguing that the First Amendment's separate mention of freedom of speech and freedom of the press is an acknowledgment of the critical role played by the press in American society. This interpretation highlights the need for sensitivity to the role of the press and their special requirements to perform effectively.
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 be entitled to greater freedom from government regulations or restrictions than non-press individuals or groups. However, the Supreme Court has ruled that the First Amendment does not grant the media special access to information not available to the general public.
The First Amendment's protection of freedom of the press has been significant in several Supreme Court decisions, including Associated Press v. NLRB in 1937, which ruled that applying an antitrust law to the Associated Press did not violate either freedom of speech or of the press.
The Fourth Amendment: A Constitutional Cornerstone
You may want to see also
Explore related products
Freedom of assembly
The First Amendment to the United States Constitution, adopted on December 15, 1791, guarantees several freedoms concerning religion, expression, assembly, and the right to petition. It is worth noting that initially, the First Amendment applied only to laws enacted by Congress, and many of its provisions were interpreted more narrowly than they are today.
The First Amendment explicitly states that "Congress shall make no law [...] abridging the [...] right of the people peaceably to assemble". This freedom of assembly is a fundamental right that protects the ability of individuals to gather and collectively express their views. It is a crucial aspect of a democratic society, enabling citizens to engage in political action and make their voices heard.
The right to peaceably assemble is often considered in conjunction with the right to free speech and a free press, as they are all essential components of freedom of expression. While "assembly" and "petition" are not synonymous with "speech", the modern Supreme Court treats them as subsumed within an expansive "speech" right. This interpretation highlights the interconnected nature of these rights and their role in safeguarding the freedom of expression.
The right to assemble is unique among the freedoms guaranteed by the First Amendment in that it inherently involves the participation of multiple individuals. This right extends beyond the act of assembling and includes preparatory activities, which the Supreme Court has recognised as a distinct "right of association". This freedom of association not only protects the right to assemble but also presupposes a freedom not to associate, as forced inclusion of unwanted members could impair the ability to express certain views.
While the First Amendment guarantees the right to assemble, it is not without limitations. The Supreme Court recognises the right of citizens to assemble peaceably, but it also grants the police broad discretion to regulate public assemblies to maintain public order. This regulatory power includes requiring groups to obtain permits, which can be a contentious issue. Supporters argue that permits help authorities prepare for potential crowd control issues and avoid conflicts between opposing groups, while opponents worry that this power can be abused to stifle unpopular voices.
The Corporate Shield: Constitutional Amendments Explored
You may want to see also
Right to petition the government
The First Amendment to the United States Constitution enumerates the right to petition the government. This amendment was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The right to petition the government is an important aspect of the First Amendment, which specifically prohibits Congress from abridging "the right of the people peaceably to assemble and petition the Government for a redress of grievances".
The right to petition the government is not limited to a specific demand for "a redress of grievances" but also includes demands for the government to exercise its powers in the interest of the petitioners and to address their views on politically contentious matters. This right extends to all departments of the government, including administrative agencies, courts, and the legislature. It is worth noting that this right to petition is not absolute, as seen in the case of McDonald v. Smith, where defamatory statements made in a petition to the government did not provide absolute immunity from libel.
The history of the right to petition can be traced back to the 1215 Magna Carta and the 1689 English Bill of Rights. In 1776, the Declaration of Independence cited King George's failure to address grievances listed in colonial petitions, such as the Olive Branch Petition of 1775, as a reason for declaring independence. The first significant exercise of this right in the US was the advocacy for the end of slavery, with over a thousand petitions signed by around 130,000 citizens sent to Congress.
The right to petition includes the legal right to sue the government and civil litigation between private individuals or entities. While some consider lobbying to be a form of petitioning, others disagree, noting that petitioning does not involve secrecy or money. It is important to note that the right to petition does not guarantee a response from the government, as indicated by the United States Supreme Court in 1984.
Electoral Reform Amendments: Constitutional Changes Explored
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 religion or restrict the free exercise of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government.
The First Amendment was proposed by the First Congress of the United States on September 25, 1789, as one of 12 amendments to the Constitution.
The First Amendment was ratified on December 15, 1791, along with nine other amendments, constituting the Bill of Rights.
The First Amendment was adopted to curtail the power of Congress to interfere with an individual's freedom of religion, belief, worship, and expression.
The First Amendment limits the power of both Congress and state governments to abridge the individual freedoms it protects.
