Jonah Patel
The First Amendment to the United States Constitution, part of the Bill of Rights, was ratified on December 15, 1791. It is recognized for protecting freedom of speech, religion, the press, and the right to assemble and petition the government. James Madison, the lead author of the First Amendment, wrote it to limit government power and protect individual liberties. The First Amendment experienced a surge in support and expansion in the 20th century, with Supreme Court decisions determining that it protects more recent forms of communication, including radio, film, television, video games, and the internet.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Number of amendments proposed | 12 |
| Number of amendments ratified | 10 |
| First Amendment in a nutshell | "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." |
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What You'll Learn
- The First Amendment was ratified on December 15, 1791
- It protects freedom of speech, religion, the press, and assembly
- It also protects the right to petition the government
- The Establishment Clause prevents the establishment of a state religion
- The First Amendment experienced a surge in support in the 20th century
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 was drafted by James Madison, who proposed twenty amendments to the Constitution in the First United States Congress. Ten of these were ratified on December 15, 1791, and constitute the first ten amendments of the Constitution, or the Bill of Rights.
The First Amendment is commonly recognised for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. It was influenced by the various political, religious, and social elements of colonial America, where settlers from different religious backgrounds had fled to escape persecution in Europe. The freedom of religion became a pivotal tenet of the American Revolution, and Madison, the lead author of the First Amendment, defended it extensively.
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It protects freedom of speech, religion, the press, and assembly
The First Amendment to the United States Constitution was proposed by the First Congress on September 25, 1789, and was ratified on December 15, 1791. It protects freedom of speech, religion, the press, and assembly, and it is officially written as:
> "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 guarantees freedom of religion by prohibiting Congress from promoting one religion over others and restricting individuals' religious practices. It also protects the free expression of faith for all Americans. The freedom of religion was a pivotal tenet of the American Revolution, and it was extensively defended by James Madison, the lead author of the First Amendment. The Establishment Clause, which is part of the First Amendment, prevents the federal government from creating an established religion. While this only specifically restricted the federal government at the time, state governments also removed the establishment of state-run religious institutions from their constitutions by 1833.
The First Amendment guarantees freedom of speech by prohibiting Congress from abridging the freedom of speech or restricting 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 speech. The First Amendment also protects more recent forms of communication, including radio, film, television, video games, and the internet.
The right to assemble is commonly manifested in the form of protests and has been used by political parties, civil rights organizations, and other groups to advocate for their beliefs. The right to assemble was affirmed in 1937 when De Jonge v. Oregon determined that the right to assemble is protected by all levels and forms of government in the United States.
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It also protects the right to 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.
The First Amendment guarantees the right to petition the government. This right has been considered by some to be either obsolete or irrelevant, but its historical significance is arguably the oldest in all modern legal scripture. The right to petition the government is also deeply rooted in the history of the United States. The earliest references to petitioning a government date back to the Magna Carta in 1215, as well as the English Bill of Rights in 1689.
The right to petition the government is a fundamental aspect of the First Amendment, which 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 right allows individuals to assemble and collectively present their grievances or requests to the government, holding the government accountable to its citizens.
The right to petition has been an important tool for various social and political movements in the United States. For example, the right to assemble has been manifested in the form of protests, with political party advocacy, abolition of slavery, women's suffrage, labor movements, and civil rights organizations all utilizing this right in their public actions. The right to petition the government has empowered citizens to collectively advocate for change and hold their government accountable.
Additionally, the right to petition the government has been interpreted by the Supreme Court to include the right to access the courts and seek legal redress. This interpretation ensures that individuals have a means to resolve disputes and seek justice through the legal system. The right to petition has also been extended to include the right to communicate with government officials and seek information from public records, ensuring transparency and accountability in governance.
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The Establishment Clause prevents the establishment of a state religion
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 Establishment Clause, principally authored by James Madison, is part of the First Amendment. It states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof". This clause reflects the consensus after independence that there should be no nationally established church.
The Establishment Clause is one of the liberties protected by the due process clause of the Fourteenth Amendment, making it applicable to state laws and local ordinances. The Supreme Court has interpreted this clause to mean that the government cannot compel attendance or financial support of a religious institution, interfere with a religious organisation's selection of clergy or religious doctrine, allow religious organisations or figures acting in a religious capacity to exercise governmental power, or extend benefits to some religious entities and not others without adequate secular justification.
The Establishment Clause has been interpreted differently by different presidents. While Madison issued proclamations of religious fasting and thanksgiving, Jefferson signed treaties that sent religious ministers to the Native Americans. The Supreme Court has also interpreted the Establishment Clause differently over time. In 1947, the Supreme Court held that the Establishment Clause requires a separation of church and state, banning Bible reading and the recitation of prayers in public schools. However, in 1984, the Supreme Court observed that the "concept of a 'wall' of separation between church and state is a useful metaphor, but is not an accurate description of the practical aspects of the relationship that in fact exists". The Court allowed the display of a nativity scene surrounded by other holiday decorations in a shopping district, stating that it "engenders a friendly community spirit of good will in keeping with the season".
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The First Amendment experienced a surge in support in the 20th century
The First Amendment to the United States Constitution was 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 experienced a surge in support and expansion in the 20th century. This was marked by the Supreme Court's application of the First Amendment to states through the Due Process Clause of the Fourteenth Amendment. In the case of Gitlow v. New York (1925), the Supreme Court determined that the freedoms promised in the First Amendment are applicable to local, state, and federal governments. This decision represented a significant expansion of the First Amendment's reach, ensuring that the freedoms it guarantees would be protected at all levels of government.
The 20th century also witnessed a series of Supreme Court decisions that expanded the interpretation of the First Amendment to encompass new forms of expression and technology. These decisions affirmed that the First Amendment protects various forms of political speech, anonymous speech, campaign finance, pornography, and school speech. Additionally, the Court recognised that the First Amendment extends to modern means of communication, including radio, film, television, video games, and the Internet.
The Supreme Court's rulings in the 20th century also clarified the boundaries of the First Amendment's protections. While it protects a broad range of speech and expression, certain exceptions have been established. For example, the Court has held that commercial advertising, defamation, obscenity, and interpersonal threats to life and limb generally fall outside the scope of the First Amendment's protections.
Furthermore, the 20th century saw a shift in societal attitudes that influenced the interpretation of the First Amendment. For instance, changing social attitudes towards pornography resulted in a move from total prohibition in 1900 to near-total tolerance in 2000. This shift was reflected in court decisions, with the Supreme Court concluding that most pornography is not obscene and, therefore, is protected by the First Amendment.
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Frequently asked questions
The First Amendment became part of the Constitution on December 15, 1791.
The U.S. Constitution was ratified by all thirteen states. However, opposition to ratification ("Anti-Federalism") was based on the Constitution's lack of adequate guarantees for civil liberties. To address this, James Madison proposed twenty constitutional amendments, including the First Amendment, which protects religious freedom.
The First Amendment was designed to prevent the establishment of a national religion and protect the free exercise of religion. It also protects freedom of speech, freedom of the press, and the right to assemble and petition the government.
On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution. Ten of these amendments were ratified by three-fourths of the state legislatures on December 15, 1791, becoming the first 10 amendments of the Constitution, or the U.S. Bill of Rights.
James Madison is considered the lead author of the First Amendment.
