Eleanor Finch
The United States Constitution has served as a model for other countries, with its provisions widely replicated in national constitutions worldwide. The First Amendment, proposed in 1789 and ratified in 1791, is a key component of the Bill of Rights and is central to the discussion of freedom in the US Constitution. It protects the freedom of speech, religion, the press, and the right to assemble and petition the government. The Fourteenth Amendment, interpreted in the 20th century, further broadened the applicability of these freedoms, guaranteeing due process and equal protection under the law. The Constitution also guarantees fair procedures for the accused, including protection against unreasonable search and seizure, self-incrimination, double jeopardy, and excessive bail, as well as the right to a fair and speedy trial.
| Characteristics | Values |
|---|---|
| Freedom of religion | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof |
| Freedom of speech | Congress shall make no law abridging freedom of speech |
| Freedom of the press | Congress shall make no law abridging freedom of the press |
| Right to peaceably assemble | The right of the people to peaceably assemble |
| Right to petition the government | The right of the people to petition the government for a redress of grievances |
| Right to bear arms | The right of the people to keep and bear arms |
| Right to security | No soldier shall, in time of peace, be quartered in any house without the consent of the owner |
| Right to privacy | The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures |
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What You'll Learn
Freedom of religion
The interpretation of the Establishment Clause has been a subject of debate, with some arguing that it forbids the government from favouring any one religion over another, while others contend that it prohibits the government from fostering religion in general. The Supreme Court addressed this issue in the 1947 case of Everson v. Ewing Township, concluding that the government could not favour any particular religion but was also not required to be hostile towards religion, only neutral.
The concept of freedom of religion is deeply rooted in the history of the United States, with individuals seeking the opportunity to worship freely and without persecution. This ideal was solidified with the passage of the First Amendment, which protects the right to worship according to one's conscience. The First Amendment also includes the Free Exercise Clause, which has been used in court cases to defend the free exercise of religion, such as in Sherbert v. Verner (1963) and Wisconsin v. Yoder (1972).
Controversies surrounding freedom of religion in the US have included various aspects of religious practice, such as the building of places of worship, education, oaths, and the role of religion in public schools. The US Constitution also addresses religion in Article VI, which prohibits religious tests as a condition for holding public office, respecting the religious prerogatives of different denominations.
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Freedom of speech
The First Amendment to the United States Constitution protects the freedom of speech, religion, and the press. It also protects the freedom to peacefully assemble, gather, or associate with a group of people for social, economic, political, or religious purposes, as well as the right to protest the government. The amendment was adopted in 1791, along with nine other amendments that make up the Bill of Rights—a written document protecting civil liberties under U.S. law.
The First Amendment states that "Congress shall make no law...abridging the freedom of speech." This means that individuals have the right to articulate opinions and ideas without interference, retaliation, or punishment from the government. The term "speech" is interpreted broadly and includes spoken and written words, as well as symbolic speech, such as what a person wears, reads, performs, protests, and more. The Supreme Court has held that restrictions on speech because of its content—when the government targets the speaker's message—generally violate the First Amendment.
While freedom of speech is considered a fundamental right in the United States, it is not absolute and is subject to certain restrictions. Time, place, and manner restrictions regulate when, where, and how expression can take place. For example, restrictions may be imposed if someone is protesting loudly in front of someone's house in the middle of the night or blocking a busy intersection during rush hour. These restrictions are content-neutral and address legitimate societal concerns.
The First Amendment also protects symbolic expression, such as displaying flags, burning flags, wearing armbands, or burning crosses. It encompasses the decision of what to say as well as what not to say. For example, students have the right to wear black armbands to school to protest a war, as in the case of Tinker v. Des Moines (1969). Additionally, individuals have the right to use certain offensive words and phrases to convey political messages, as protected in Cohen v. California.
However, freedom of speech does not mean that individuals can say whatever they want, wherever they want. Speech that falsely defames a specific individual, constitutes a genuine threat or harassment, or is intended to provoke imminent unlawful action may be restricted. Hate speech, while receiving substantial protection under the First Amendment, can be prohibited and punished if it falls into categories of unprotected speech, such as harassment or true threats.
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Freedom of the press
The First Amendment to the US Constitution, adopted on December 15, 1791, includes the following text:
> "Congress shall make no law...abridging the freedom of speech, or of the press..."
This text establishes the right to freedom of the press, which is deeply rooted in the country's commitment to democracy. The First Amendment protects democratic ideals by acting as a check on government power. This freedom is not limited to the press but extends to every individual, as it prevents the government from restricting the expression of ideas and opinions. This includes the right to criticise the government and public affairs, which is critical to First Amendment protections.
The Supreme Court has interpreted "press" broadly, to include not only newspapers and periodicals but also books, plays, movies, and video games. The Court has also ruled that the First Amendment does not protect speakers from private individuals or organisations, such as private employers, colleges, or landowners.
The freedom of the press has been the subject of several significant court cases. In 1734, publisher John Peter Zenger was acquitted of libel against the British governor of New York, William Cosby. In 1964, the Supreme Court ruled in New York Times Co. v. Sullivan that a plaintiff must prove actual malice in cases of libel involving public figures. In 1978, the Court considered whether the institutional press is entitled to greater freedom from government regulation than non-press entities, though no firm resolution was reached.
Despite these protections, the US has faced criticism for its treatment of the press. In 2014, Freedom House ranked the country 30th out of 197 in press freedom, citing undue limits on investigative reporting in the name of national security.
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Right to assemble
The right to assemble is a fundamental freedom protected by the First Amendment of the United States Constitution. It states that "Congress shall make no law... abridging... the right of the people peaceably to assemble". This freedom ensures that individuals can gather and collectively express their views, regardless of whether the expression is popular or offensive to the majority.
The right to assemble has been crucial in the history of the United States, with various groups exercising this right to advocate for their causes. For example, civil rights advocates, anti-war demonstrators, and workers on strike have all assembled to bring attention to issues they care about and drive societal change.
While the right to assemble is guaranteed, it is not without limitations. Local governments may require permits for large gatherings or those that significantly impact public spaces or facilities. Additionally, the right to assemble peacefully does not protect assemblies that promote violence or crime.
The interpretation of "peaceable assembly" has evolved over time. Initially, it was often interpreted narrowly, and minority groups found that this right did not always apply equally to them. Courts and legislators sometimes outlawed gatherings deemed to threaten public safety, and radical groups were routinely prosecuted under these laws.
Despite these challenges, the right to assemble has been upheld and expanded over time. In the 1937 case of De Jonge v. State of Oregon, the U.S. Supreme Court recognized the fundamental nature of the right to assemble, stating that it is "cognate to those of free speech and free press". The Court reversed the conviction of Dirk DeJonge, who had been prosecuted for teaching communist doctrine at a gathering, ruling that "peaceable assembly for lawful discussion cannot be made a crime".
In conclusion, the right to assemble, protected by the First Amendment, is a fundamental freedom that allows individuals to gather and express their views. While this right has faced challenges and limitations, it has been defended by the courts and has played a significant role in shaping the course of history in the United States.
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Right to bear arms
The right to bear arms is a fundamental freedom protected by the Second Amendment to the United States Constitution. The Second Amendment states:
> A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
This right is further protected by the constitutions of most U.S. states, including Arizona, Arkansas, Connecticut, Delaware, Florida, and Georgia. The state constitutional provisions vary in their specifics, but they generally guarantee the right of individuals to keep and bear arms for self-defence, the defence of their family and property, and the defence of the state.
The right to bear arms did not originate in the Bill of Rights in 1791 but rather has a long history dating back to English common law and the English Bill of Rights of 1689. The philosophical and political writings of Aristotle, Cicero, John Locke, Machiavelli, and others also describe the right of people to possess arms for their defence.
In United States v. Cruikshank (1876) and Presser v. Illinois (1886), the U.S. Supreme Court recognised that the Second Amendment protects the right to bear arms from being infringed by Congress. The Court reaffirmed this right in District of Columbia v. Heller (2008), ruling that the amendment protects an individual's right "to keep and carry arms in case of confrontation," regardless of whether they serve in a militia.
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Frequently asked questions
The US Constitution talks about freedom in the First Amendment, also known as Amendment One, which was ratified on December 15, 1791.
Amendment One states that "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 also includes the Establishment Clause, which states that the federal government cannot establish a religion.
The Fourteenth Amendment places limitations on the states, forbidding them from denying any person "life, liberty, or property, without due process of law." The Second Amendment also mentions the right to keep and bear arms.
The Constitution does not explicitly mention certain freedoms, such as freedom of movement or freedom of association, but these may be implied by other rights and guarantees.
