Eleanor Finch
The First Amendment to the United States Constitution, which includes the freedom of speech clause, was ratified on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The freedom of speech clause, which states that Congress shall make no law...abridging the freedom of speech, is one of the most well-known constitutional rights. It essentially means that government entities cannot restrict a person's ability to express their opinions or ideas and that the government cannot retaliate against someone based on what they say. The inclusion of the freedom of speech clause in the First Amendment was influenced by the various political, religious, and social elements of colonial America, as several religious groups had emigrated to the colonies to escape religious persecution.
| Characteristics | Values |
|---|---|
| Date of Addition | December 15, 1791 |
| Amendment Number | First Amendment (Amendment I) |
| Proposal Date | September 25, 1789 |
| Proposer | First Congress of the United States |
| Number of Amendments Proposed | 12 |
| Number of Amendments Ratified | 10 |
| Article Number | Article 3 |
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What You'll Learn
The First Amendment
The freedom of speech clause guarantees that government entities cannot restrict a person's ability to express their opinions or ideas and that the government cannot retaliate against an individual based on their speech. This includes the right not to speak, such as the right not to salute the flag. The Supreme Court has also ruled that the First Amendment protects symbolic speech, such as burning the American flag or wearing a black armband to protest a war. Additionally, the First Amendment protects the right to receive information and ideas and to be free from government intrusion into one's privacy and control of one's thoughts.
The right to assembly, as interpreted by modern Supreme Courts, is an expansion of the core freedom of expression. This right allows individuals to assemble in groups to express their opinions and has been a part of American history since its early days. Political party advocacy, abolition of slavery, women's suffrage, labor movements, and civil rights organizations have all utilised the right to assemble in their public actions. The right to petition the government is considered by some to be obsolete or irrelevant, but it still holds historical significance and ensures that people have avenues to bring their issues to the government.
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The Bill of Rights
The First Amendment to the Constitution, ratified in 1791, is most commonly recognized for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government. The official text of the amendment is:
> "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's protection of freedom of speech means that government entities cannot restrict a person's ability to express their opinions or ideas. The government also cannot retaliate against someone based on what they say. The freedom of speech has been interpreted by the Supreme Court to mean that all American speech can not be infringed upon by any branch or section of the federal, state, or local governments.
The right to assemble and petition has been interpreted by modern Supreme Courts as an expansion of the core freedom of expression. The right to assemble is most commonly manifested in the form of protest, which has a history as long as that of the country itself.
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The right to assemble
The interpretation and application of the right to assemble have evolved over time. In the late 1790s, James Madison, the lead author of the First Amendment, advocated for a broad interpretation of freedom of speech and freedom of the press, arguing against restricting these freedoms to what was allowed under English common law. Madison's perspective prevailed, and it set a precedent for a more expansive understanding of the right to assemble.
The Supreme Court has played a significant role in clarifying and upholding the right to assemble. In De Jonge v. Oregon (1937), the Court unanimously ruled that the right to assemble is protected by all levels and forms of government in the United States. Additionally, in cases such as Murdock v. Pennsylvania (1943) and Stanley v. Georgia (1969), the Court affirmed the fundamental nature of the First Amendment rights, including freedom of speech and freedom of the press.
While the right to assemble is a cornerstone of American democracy, it is not without limitations. Safety restrictions are permitted to maintain order during assemblies or protests. Additionally, the government may impose certain restrictions on assemblies or protests to ensure they remain peaceful and do not incite violence or endanger the public. However, these restrictions must be reasonable and balanced, respecting the core values of the First Amendment.
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The right to petition
While the right to petition may seem less relevant in modern times, it still holds significant value. It allows citizens to bring issues to the government's attention and seek redress for their grievances. The Supreme Court has upheld the right to petition in various cases, such as New York Times Co. v. Sullivan, where the Court affirmed that the First Amendment guarantees "uninhibited, robust, and wide-open" debate on public issues.
In conclusion, the right to petition, guaranteed by the First Amendment, is a crucial aspect of freedom of expression in the United States. It empowers citizens to collectively advocate for change and hold the government accountable. While the specific interpretation and application of this right have evolved over time, its fundamental purpose remains: to ensure that the people's voices are heard and addressed by those who govern them.
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Freedom of religion
The First Amendment to the United States Constitution, which includes the freedom of speech clause, was ratified on December 15, 1791. It is one of the ten amendments that constitute the Bill of Rights. The freedom of speech clause, found within the First Amendment, states that "Congress shall make no law...abridging freedom of speech."
Now, focusing on freedom of religion as it pertains to the topic of freedom of speech being added to the Constitution:
The First Amendment's protection of freedom of religion has been the subject of numerous Supreme Court cases, including Murdock v. Pennsylvania (1943), where the Court affirmed the "preferred position" of freedom of religion, along with freedom of speech and the press. The Court stated that the government may not suppress or tax the dissemination of religious views, even if they are considered unpopular, annoying, or distasteful.
The freedom of religion clause has also been interpreted to mean that the government cannot interfere with an individual's right to hold and express religious beliefs. This includes the right to wear or display religious attire or symbols, such as in the case of students wearing black armbands to school to protest a war (Tinker v. Des Moines, 1969).
The First Amendment's protection of freedom of religion is a crucial aspect of the Bill of Rights, ensuring that Americans are free to practise their faith without government interference or persecution. It is a cornerstone of religious freedom and tolerance in the United States.
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Frequently asked questions
Freedom of speech was added to the US Constitution on December 15, 1791, as Amendment One.
The First Amendment was one of the ten amendments that constitute the Bill of Rights. It prevents Congress from making laws that infringe on the freedom of speech, freedom of religion, freedom of the press, freedom of assembly, or the right to petition the government for redress of grievances.
After the 1787 Constitutional Convention, several states refused to ratify the new Constitution because it lacked a Bill of Rights. These states only agreed to sign off on the new plan for the American government if Congress promised to add protections for freedom of speech, religion, and the press.
