Malcolm Rivera
The First Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It is most commonly recognized for its protection of the freedom of speech, religion, the press, and making complaints and requests to the government. The First Amendment 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. Congress is prohibited from making laws establishing religion or abridging freedom of speech.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Number of amendments proposed | 12 |
| Number of amendments ratified | 10 |
| Number of this amendment | 1 |
| Author | James Madison |
| Purpose | Limit government power and protect individual liberties |
| Key provisions | No established religion; freedom of speech, religion, press, assembly, and petition |
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What You'll Learn
The First Amendment was ratified on December 15, 1791
The First Amendment to the United States Constitution was ratified on December 15, 1791. It is officially transcribed as follows:
> "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 is part of the Bill of Rights, which comprises the first ten amendments to the Constitution. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. The First Amendment was influenced by the political, religious, and social elements of colonial America, where settlers belonged to several different religious groups.
The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from promoting one religion over others and from restricting an individual's religious practices. It also protects the free expression of faith for all Americans. This amendment was composed partly by James Madison, who was responding to concerns about the Constitution's lack of adequate guarantees for civil liberties.
The First Amendment also protects the freedom of speech and of the press. This 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 freedom of speech. The First Amendment experienced a surge in support and expansion in the 20th century, with the Gitlow v. New York (1925) case determining that the freedoms promised in it are applicable to local, state, and federal governments.
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The First Amendment protects freedom of speech
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution, with ten of these being ratified by three-fourths of the state legislatures on December 15, 1791. These ratified articles constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.
The First Amendment is among these ten ratified articles, and it protects freedom of speech. It states that "Congress shall make no law...abridging freedom of speech." Over the years, the U.S. Supreme Court has had to determine what constitutes protected speech. For example, in West Virginia Board of Education v. Barnette (1943), the Court ruled that students had the right not to salute the flag. In Tinker v. Des Moines (1969), the Court upheld the right of students to wear black armbands to school to protest a war.
The First Amendment also protects symbolic speech, which includes actions. For instance, in Cohen v. California (1971), the Court ruled that Cohen could use certain offensive words and phrases to convey political messages. In another case, Bethel School District #43 v. Fraser (1986), the Court ruled that students could make an obscene speech at a school-sponsored event.
The First Amendment has also been applied to the professional or occupational context. In McCutcheon v. Federal Election Commission (2014), the Court ruled that federal aggregate limits on how much a person can donate to candidates, political parties, and political action committees during an "election cycle" violated the Free Speech Clause of the First Amendment.
The First Amendment's protection of freedom of speech extends to the freedom of the press, the right to peaceably assemble, and the right to petition the government for a redress of grievances.
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The First Amendment protects freedom of religion
The First Amendment to the United States Constitution was first proposed by the First Congress of the United States on September 25, 1789, along with 11 other amendments. Ten of these twelve amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and came to constitute the first ten amendments of the Constitution, or the U.S. Bill of Rights.
The First Amendment has two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion. The precise definition of "establishment" is unclear, but it has historically been interpreted as prohibiting state-sponsored churches, such as the Church of England. The Free Exercise Clause protects citizens' right to practice their religion, as long as it does not conflict with "public morals" or a "compelling" governmental interest.
The Establishment Clause and the Free Exercise Clause sometimes come into conflict. In these cases, federal courts help resolve the conflict, with the Supreme Court acting as the ultimate arbiter. For example, in Prince v. Massachusetts (1944), the Supreme Court held that a state could force the inoculation of children whose parents refused for religious reasons, as the state had an overriding interest in protecting public health and safety.
The First Amendment's protection of religious freedom reflects the American founders' understanding of the importance of religion to human, social, and political flourishing. The Amendment ensures that citizens are free to practice their religion without interference or control from the government.
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The First Amendment protects freedom of the press
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and they constitute the first 10 amendments of the Constitution, or the U.S. Bill of Rights.
The First Amendment is one of these ten ratified amendments. It protects freedom of the press by stating that "Congress shall make no law [...] abridging the freedom of speech, or of the press". This amendment has been the subject of much debate, with some questioning whether the Free Speech Clause and the Free Press Clause are coextensive, and whether the "'institutional press' is entitled to greater freedom from government regulations or restrictions than non-press individuals or groups.
In a 1978 ruling, Justice Potter Stewart argued that the separate mention of freedom of speech and freedom of the press in the First Amendment is an acknowledgment of 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. This ruling addressed the question of whether the institutional press is entitled to greater freedom from governmental regulations or restrictions.
The Supreme Court has also considered the First Amendment status of speech in a professional or occupational context. In 1997, the Court struck down provisions of RFRA that forced state and local governments to provide protections exceeding those required by the First Amendment. The Court has ruled that generally applicable laws do not offend the First Amendment simply because their enforcement against the press has incidental effects. However, laws targeting the press or treating different subsets of media outlets differently may violate the First Amendment.
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The First Amendment protects the right to assemble and petition the government
The First Amendment to the United States Constitution was proposed by the First Congress on September 25, 1789, and ratified on December 15, 1791. It is part of the Bill of Rights, which comprises the first ten amendments to the Constitution.
The First Amendment protects several fundamental rights, including the right to assemble and petition the government. Specifically, it states that "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 provision safeguards the ability of individuals to gather peacefully and collectively address their grievances to the government, seeking resolution or change.
The right to assemble is a crucial aspect of a democratic society, enabling people to unite and collectively express their views, beliefs, or discontent. This right facilitates public discourse, fosters social and political engagement, and empowers individuals to influence government policies and decisions. By guaranteeing this right, the First Amendment promotes active citizenship and ensures that the voices of the people are heard.
The right to petition the government is equally significant, as it allows individuals and groups to formally present their grievances, requests, or suggestions directly to the government. This right empowers citizens to hold their government accountable, advocate for change, and seek redress for any wrongs or injustices they perceive. It establishes a channel for direct communication between the people and their representatives, fostering a responsive and accountable governance system.
Together, the rights to assemble and petition the government empower citizens to engage with their political system, defend their interests, and shape the policies that affect their lives. These rights have been pivotal in the history of the United States, enabling social movements, protests, and petitions that have driven societal change and contributed to the nation's democratic ideals.
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Frequently asked questions
The First Amendment was ratified on December 15, 1791.
The First Amendment protects the freedom of speech, religion, the press, and making complaints and requests to the government.
The First Amendment prevents the federal government from establishing a religion. It also protects the free expression of faith for all Americans.
