Omar Bennett
The First Amendment to the United States Constitution, proposed on September 25, 1789, and ratified on December 15, 1791, protects freedom of expression and freedom of speech. The Amendment states that Congress shall make no law [...] 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 Supreme Court has interpreted this to include the liberty to discuss publicly and truthfully all matters of public concern, without fear of punishment. The First Amendment also protects freedom of association, including privacy in one's associations, and the freedom of inquiry, thought, and teaching. However, the First Amendment does not protect all forms of expression, and there are limitations to these freedoms, such as in the case of true threats, which are statements made with the intent to place the victim in fear of bodily harm or death.
| Characteristics | Values |
|---|---|
| Freedom of speech | The right to articulate opinions and ideas without interference, retaliation, or punishment from the government |
| Freedom of the press | The liberty to discuss publicly and truthfully all matters of public concern, without previous restraint or fear of subsequent punishment |
| Freedom of religion | Neither governmentally established religion nor governmental interference with religion |
| Freedom of assembly | The right of the people peaceably to assemble |
| Freedom of petition | The right to petition the government for a redress of grievances |
| Freedom of association | The right to privacy in one's associations |
| Freedom of inquiry | The right to inquire about matters of public concern |
| Freedom of thought | The right to hold and consider ideas and opinions |
| Freedom to teach | The right to impart knowledge or instruction |
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What You'll Learn
Freedom of speech and expression in schools
The First Amendment of the United States Constitution, ratified on December 15, 1791, guarantees the freedom of speech and expression for all Americans. This right is also extended to students and teachers in schools, as affirmed by the Supreme Court in several landmark cases. However, the extent to which students can exercise their freedom of speech and expression in schools has been a subject of debate and litigation.
The Tinker v. Des Moines Independent Community School District case in 1969 is a pivotal moment in recognising students' rights to freedom of speech and expression. The Supreme Court upheld that students do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate". This set a precedent for future cases, acknowledging that schools cannot restrict students' rights to express their views, even if they may cause some level of disruption.
Despite the protections afforded by the First Amendment, schools retain the authority to regulate certain types of speech and expression on campus. For instance, schools can forbid profane language and punish students for advocating illegal activities, as seen in the Bethel School District v. Fraser case. Additionally, schools can censor student speech in official publications like school newspapers and yearbooks, as ruled in Hazelwood School District v. Kuhlmeier.
The context of the speech and the potential for substantial disruption are crucial factors in determining the limits of free speech in schools. While controversial or disrespectful speech is protected, schools can intervene if it incites other students to disrupt the school environment or participate in illegal activities. California, for example, has the Education Code Section 48907, which provides stronger free speech protections in public and charter schools, making it harder for schools to restrict student speech.
The interpretation of freedom of speech and expression in schools is complex and often contentious. While students have constitutional rights, schools also have a responsibility to maintain order and teach appropriate boundaries. The Supreme Court's rulings have aimed to balance these interests, recognising that schools are not only places for academic learning but also for developing citizens who can adapt to changing times and effectively participate in a democratic society.
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Freedom of the press
The First Amendment to the United States Constitution guarantees freedom of speech and freedom of the press. The text of the First Amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press". This amendment was proposed by the First Congress of the United States on September 25, 1789, and was ratified on December 15, 1791.
The freedom of the press guaranteed by the First Amendment includes the liberty to discuss publicly and truthfully all matters of public concern without fear of punishment. This protection extends to erroneous statements, which the Supreme Court has ruled must be protected to give freedom of expression the space it needs to survive. In the case of New York Times Co. v. Sullivan (1964), the Supreme Court declared that "debate on public issues should be uninhibited, robust, and wide-open".
The First Amendment also protects the freedom to distribute information. In McIntyre v. Ohio Elections Commission (1995), the Supreme Court struck down an Ohio statute that criminalized the distribution of anonymous campaign literature. However, the Court has also upheld some restrictions on the distribution of information, such as in Meese v. Keene (1987), where the Court upheld the Foreign Agents Registration Act of 1938, which required the sponsors of certain "political propaganda" to be identified.
The freedom of the press also includes the right to be free from government restraint. Justice Stewart has argued that the separate mention of freedom of speech and freedom of the press in the First Amendment is "no constitutional accident, but an acknowledgment of the critical role played by the press in American society". However, it is still debated whether the institutional press is entitled to greater freedom from government regulation than non-press individuals or groups.
The First Amendment's protection of freedom of the press also extends to good-faith defamation. In Hutchinson v. Proxmire (1979), the Court noted that it had never decided whether the New York Times v. Sullivan standard for libel applied to an individual defendant. However, Justice Stewart argued that the Sullivan privilege is exclusively a free press right, denying that the "constitutional theory of free speech gives an individual any immunity from liability for libel or slander".
The First Amendment's protections apply not only to the press but also to individuals. For example, students and teachers do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. In Healy v. James (1972), the Court ruled that a college's refusal to recognize a campus chapter of Students for a Democratic Society was unconstitutional. Additionally, public universities are subject to the First Amendment and may not infringe on an individual's freedom of speech. However, universities may restrict speech that defames a specific individual, constitutes a genuine threat or harassment, or is intended to provoke unlawful action.
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Freedom of religion
The First Amendment to the United States Constitution, adopted on December 15, 1791, protects religious freedom through two clauses: the Establishment Clause and the Free Exercise Clause. These clauses work together to uphold the freedom of religion in America.
The Establishment Clause prohibits the government from "establishing" a religion. This means that the government must remain neutral in matters of religion and cannot promote or endorse a particular religion. The precise definition of "establishment" has been a subject of debate, with some interpreting it as preventing the establishment of a state church, while others argue it also includes public acknowledgements of God. The Supreme Court has clarified that the Constitution does not require a complete separation of church and state, but rather mandates accommodation and forbids hostility towards any religion.
The Free Exercise Clause, on the other hand, protects citizens' right to practice their religion freely. This includes the right to hold any religious beliefs, regardless of whether they adhere to the principles of a particular faith. The government cannot interfere with or burden the free exercise of religion. However, this right is not absolute, and certain restrictions may be imposed if a practice violates "public morals" or conflicts with a "competing" governmental interest.
The Supreme Court has played a significant role in interpreting and applying these clauses through various cases. For example, in Lemon v. Kurtzman (1971), the Court set forth a three-part test to determine whether government action constitutes an "establishment" of religion. This test allows government assistance to religion if its primary purpose is secular, it neither promotes nor inhibits religion, and there is no excessive entanglement between church and state. In another case, Burwell v. Hobby Lobby Stores, Inc. (2014), the Court ruled that the Religious Freedom Restoration Act prevented the imposition of certain contraceptive requirements on a corporation whose owners had religious objections.
The First Amendment's protection of religious freedom reflects the intention of the Founding Fathers to safeguard individual liberties while limiting governmental power in religious matters. This freedom allows for the diverse religious beliefs and practices found in American society, ensuring that individuals can exercise their faith without interference from the state.
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Freedom of association
The First Amendment to the US Constitution protects the right to freedom of religion and expression from government interference. It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to peaceably assemble, or prohibit people from petitioning for a governmental redress of grievances.
The First Amendment also protects the right to freedom of association, which is implicit in the First, Fifth, and Fourteenth Amendments. This right allows individuals to gather for peaceful and lawful purposes and to associate with others who share similar beliefs. It includes the freedom to form and join clubs, societies, trade unions, or political parties. The Supreme Court has recognised this right as "an indispensable means of preserving" other First Amendment freedoms.
The right to freedom of association also prohibits the government from requiring a group to register or disclose its members, or from denying benefits based on an individual's membership in a particular group. It also prohibits laws that require groups to include people they disagree with on political, religious, or ideological grounds. However, the government may prohibit people from associating with groups that engage in and promote illegal activities.
While individuals have the right to associate and express their opinions, the government is not obligated to listen to their concerns. The right to freedom of association is limited to the right to associate for First Amendment purposes, and there is no "generalised right of 'social association'".
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Freedom of speech and expression in public universities
The First Amendment to the United States Constitution guarantees freedom of speech and expression. This includes the freedom to discuss matters of public concern, free from government censorship, as well as the freedom to assemble peaceably and petition the government. The Supreme Court has interpreted the First Amendment as protecting even offensive or unpopular speech, stating that "debate on public issues should be uninhibited, robust, and wide-open".
These freedoms extend to public universities, where students and teachers do not shed their constitutional rights at the schoolhouse gate. The First Amendment prohibits public university officials from establishing or enforcing disciplinary rules that punish protected expression. Students have the right to engage in protected speech, such as wearing expressive clothing, distributing flyers, collecting signatures for petitions, campaigning, and protesting, as long as they do not substantially disrupt classes or other essential functions, and comply with time, place, and manner rules.
However, free speech rights on campus are not absolute. While the First Amendment protects offensive speech, it does not protect behaviour that crosses the line into targeted harassment, threats, or the creation of a pervasively hostile environment for vulnerable students. Colleges and universities have a responsibility to combat discrimination and maintain order, and may adopt policies regulating or prohibiting speech deemed hateful or offensive, as long as these policies do not contravene the First Amendment.
Additionally, free speech laws generally protect speech rather than conduct. There is no First Amendment right to engage in actions such as graffiti or property destruction, even if done to communicate a message. Furthermore, while public universities must respect free speech rights, private universities may impose stricter limitations as long as they adhere to their legal obligations to the campus community and respect diverse ideas and perspectives.
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Frequently asked questions
The First Amendment is part of the United States Constitution's Bill of Rights. It was proposed in 1789 and ratified in 1791.
The First Amendment states that "Congress shall make no law [...] 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 Supreme Court has interpreted this to mean that the government cannot restrict public discussion of matters of public concern, even if the statements made are erroneous or criticise public policy.
No. The First Amendment does not protect speech that constitutes a genuine threat, harassment, or defamation of a specific individual. It also does not protect speech that is intended and likely to provoke imminent unlawful action or that otherwise violates the law.
Yes. In the case of Tinker v. Des Moines (1969), the Supreme Court ruled that students and teachers do not "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate."
