Omar Bennett
The word free appears in the US Constitution's First Amendment, which protects the freedoms of speech, religion, and the press, as well as the right to peaceably assemble and petition the government. The First Amendment also mentions freedom of speech and freedom of the press. The Second Amendment, which protects the right to bear arms, mentions free state, and the Third Amendment, which prohibits the quartering of soldiers in civilian homes, does not contain the word free. The Fourth Amendment, which safeguards people's privacy and security from unreasonable searches and seizures, does not include the word free. The concept of freedom, however, is central to the Constitution and the Bill of Rights, which was created to ensure individual freedoms and limit government authority.
| Characteristics | Values |
|---|---|
| Freedom of speech | Protected by the First Amendment |
| Freedom of the press | Protected by the First Amendment |
| Freedom of religion | Protected by the First Amendment |
| Freedom to assemble | Protected by the First Amendment |
| Freedom to petition the government | Protected by the First Amendment |
| Freedom to bear arms | Protected by the Second Amendment |
| Freedom from housing soldiers in peacetime | Protected by the Third Amendment |
| Freedom from unreasonable searches and seizures | Protected by the Fourth Amendment |
| Freedom from government intrusion | Implied by the First Amendment |
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What You'll Learn
Freedom of religion
The First Amendment of the US Constitution protects religious freedom through the Establishment Clause and the Free Exercise Clause. The First Amendment states:
> 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 Establishment Clause and the Free Exercise Clause, together, protect religious freedom. The Free Exercise Clause limits the government's involvement in religious matters, protecting the freedom to practice one's religion, or no religion at all, without interference from the government. This clause upholds people's right to hold whichever religious beliefs they choose. Religious beliefs need not adhere to the principles of Christianity or any particular faith. The Establishment Clause prevents the government from promoting religion or burdening it.
The precise meaning of the First Amendment's provisions on religious freedom has been a matter of dispute. There is even disagreement over whether there is one religion clause or two. On the one hand, the 16 words form a single sentence, with the key word "religion" appearing only once. On the other hand, it is logically possible to have free exercise rights even when there is an established church.
In a host of decisions in the 1940s and 1950s, most of them involving Jehovah's Witnesses, the court established free exercise of religion, along with freedom of speech, as a "preferred freedom" that could be restricted only on a strong showing by the government. In Sherbert v. Verner (1963), the court held that a state unemployment agency must accommodate a Seventh-day Adventist who, because of religious prohibitions, could not work on Saturdays, his Sabbath.
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Freedom of speech
The First Amendment to the United States Constitution guarantees the freedom of speech. The free speech clause of the First Amendment reads: "Congress shall make no law...abridging the freedom of speech...". This amendment was authored by James Madison in 1789 and introduced to the First Congress with the aim of safeguarding individual liberties and limiting governmental power.
The First Amendment protects the right to free speech by prohibiting government action at any level that restricts the freedom of speech. This includes all branches and governmental agencies at any level, from state to local. However, this prohibition generally does not extend to the actions of private entities. The Supreme Court has determined that protected speech includes expressive conduct and verbal communication, encompassing conduct, the written word, and symbolic actions. Examples of protected speech include flag burning in protest, college students donning armbands to protest a war, and refusing to salute the American flag.
The right to free speech is not absolute, however, and several Supreme Court decisions recognize situations where the government may regulate or restrict speech. For example, there is no right to incite people to break the law, including committing acts of violence. The Supreme Court has also clarified that the First Amendment does not guarantee the right to express any thought free from government censorship. Instead, it protects the liberty to discuss publicly and truthfully all matters of public concern, without previous restraint or fear of subsequent punishment.
The First Amendment's protection of free speech is widely recognized as a cornerstone of American democracy and plays a vital role in American jurisprudence. It upholds democratic principles by guaranteeing freedom of speech, even speech that many would consider offensive, hateful, or harassing. The United States' free speech protections are among the strongest of any democracy.
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Freedom of the press
The word "free" appears in the US Constitution in the First Amendment, which includes freedom of speech, freedom of the press, freedom of religion, and the right to peaceably assemble. The First Amendment states:
> 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 US Supreme Court has ruled that the First Amendment does not guarantee an absolute right to freedom of expression, and that this right is subject to certain limitations, such as those regarding false statements. However, the Court has also stated that erroneous statements must be protected to give freedom of expression the space it needs to survive.
The role of the press in disseminating news and information is constitutionally protected, and the government is expected to be sensitive to this role. However, the press is not entitled to special treatment or access to information that is not available to the general public. The Court has ruled that generally applicable laws do not violate the First Amendment, even if they incidentally affect the press.
The First Amendment also protects good-faith defamation, as seen in New York Times Co. v. Sullivan (1964). In this case, Justice Stewart argued that the Sullivan privilege is a free press right, denying that free speech gives immunity from libel or slander.
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Freedom to assemble
The First Amendment of the US Constitution explicitly states that "Congress shall make no law [...] abridging [...] the right of the people peaceably to assemble". This amendment was approved in 1791, and the right to assemble has since been a cornerstone of American civil liberties.
The right to assemble is often linked with the right to petition the government, as outlined in the First Amendment: "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". The right to petition the government has a long history, dating back to the Magna Carta in 1215, and the Bill of Rights of 1689, which asserted the right of subjects to petition the King. The right to assemble has been interpreted by some as a subordinate right to the right to petition, and as a means to facilitate political action.
The right to assemble has been defended and emphasised by many eminent Americans, including Eleanor Roosevelt and Orson Welles, particularly as the United States entered the Second World War. The right to assemble is one of the "Four Freedoms", along with freedom of speech, freedom of the press, and freedom of religion.
While the right to assemble is a fundamental freedom, it is not absolute. The First Amendment refers to the right of the people to "peaceably assemble", and this qualification has been the subject of legal debate and interpretation. The right to assemble has been invoked to defend various marches and encampments, such as the march of veterans on Washington in 1932, which was seen as a threat to the Constitution by the Administration.
The interpretation of the right to assemble has evolved over time, with the Supreme Court treating assembly and petition as components of the broader right to freedom of expression. The right to assemble is a distinct and important freedom, which has been a key part of the American understanding of civil liberties and the role of government.
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Freedom to petition the government
The right to petition the government is a fundamental freedom outlined in the First Amendment to the United States Constitution. This right prohibits Congress from infringing upon "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances". The freedom to petition has been a powerful tool for driving social change, from ending slavery to the Civil Rights Movement.
The right to petition allows citizens to express their ideas, hopes, and concerns to their government representatives. It is a means to hold the government accountable and seek redressal for any grievances. This right extends to all branches of the government, including administrative agencies, courts, and elected officials. The right to petition also includes the legal right to sue the government and lobby for change.
While the right to petition is often overlooked, it is a critical tool for enforcing other civil liberties. It empowers citizens to advocate for their interests and promote their views on politically contentious matters. The right to petition has evolved since the Constitution's drafting, and it is no longer confined to demands for "a redress of grievances" but also includes demands for the government to act in the interest of its citizens.
The freedom to petition can be exercised in various ways, including testifying at public meetings, submitting written complaints, circulating petitions, and filing lawsuits. It is a public process that does not involve money. While government officials must hear petitions for change, they are not required to act on them.
The right to petition is a cornerstone of democracy, protecting minority views and ensuring that citizens can engage with their government to address their concerns. It is a powerful tool that enables citizens to drive social change and shape the policies that affect their lives.
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Frequently asked questions
The word "free" appears in the First Amendment of the US Constitution, which 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 is one of ten amendments that make up the Bill of Rights, which was ratified on December 15, 1791.
The First Amendment protects the freedom of religion, speech, and the press, as well as the right to peaceably assemble and petition the government.
The word "free" in the First Amendment guarantees individuals the right to freely exercise their religion and express their beliefs without government interference.
While the First Amendment guarantees certain freedoms, it is not absolute. For example, the Supreme Court has clarified that it does not protect false statements or speech that incites imminent lawless action.
