Malcolm Rivera
The First Amendment to the United States Constitution, adopted on December 15, 1791, guarantees several freedoms, including those concerning religion, expression, assembly, and the right to petition. It forbids Congress from promoting one religion over others and restricting an individual's religious practices. The First Amendment also guarantees freedom of expression and prohibits Congress from restricting the press or the rights of individuals to speak freely. The right to petition for redress of grievances was first included in the 1215 Magna Carta and later in the 1689 English Bill of Rights. The First Amendment's protection of freedom of choice in religion and expression is a fundamental aspect of the United States Constitution.
| Characteristics | Values |
|---|---|
| Religion | Congress cannot promote one religion over others and cannot restrict an individual's religious practices |
| Expression | Congress cannot restrict the press or the rights of individuals to speak freely |
| Assembly | Citizens have the right to assemble peaceably |
| Petition | Citizens have the right to petition the government |
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What You'll Learn
Freedom of religion
The First Amendment to the US Constitution, which was ratified on December 15, 1791, includes two provisions concerning freedom of religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from "establishing" a religion. Historically, this meant prohibiting state-sponsored churches, such as the Church of England. Today, the precise definition of "establishment of religion" is unclear and often governed by the three-part "Lemon" test set forth by the US Supreme Court in Lemon v. Kurtzman (1971). Under this test, the government can assist religion only if:
- The primary purpose of the assistance is secular.
- The assistance must neither promote nor inhibit religion.
- There is no excessive entanglement between church and state.
The Free Exercise Clause protects citizens' right to practice their religion as they see fit, provided it does not conflict with "public morals" or a "compelling" governmental interest. In other words, individuals are free to exercise their religious beliefs as long as they do not infringe upon the rights of others or violate any laws that serve a compelling governmental interest.
Both of these clauses work together to ensure religious freedom and prevent the government from favouring or inhibiting any particular religious group, thus guaranteeing the separation of church and state.
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Freedom of speech
The First Amendment to the United States Constitution, ratified on December 15, 1791, protects freedom of speech. The Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press". The Supreme Court of the United States has characterised the rights of free speech and a free press as fundamental personal rights and liberties. The Court has stated that the exercise of these rights is essential for a free government by free men.
The First Amendment's protection of free speech includes the right to not speak, as in the case of West Virginia Board of Education v. Barnette, where it was ruled that students have the right not to salute the flag. The Amendment also protects symbolic speech, such as the right of students to wear black armbands to school to protest a war, as in Tinker v. Des Moines. The Supreme Court has also ruled that the First Amendment protects the use of certain offensive words and phrases to convey political messages, as in Cohen v. California.
The First Amendment's protection of free speech has been interpreted to include newer forms of communication, such as radio, film, television, video games, and the internet. However, some forms of expression are not protected by the First Amendment, including commercial advertising, defamation, obscenity, and interpersonal threats. The right to freedom of speech also does not apply to private organisations such as businesses, colleges, and religious groups.
The First Amendment's protection of free speech is closely linked to the freedom of religion. The Amendment states that Congress shall make no law "respecting an establishment of religion, or prohibiting the free exercise thereof". This means that the government cannot endorse, promote, or become too involved with religion, while also protecting Americans' rights to practice their faith. The Supreme Court has clarified that these two clauses sometimes compete with each other, as in the case of government spending on clergy versus the need to provide military chaplains for soldiers and sailors.
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Freedom of the press
The First Amendment to the United States Constitution, adopted on December 15, 1791, guarantees freedom of the press. This amendment prevents Congress from making any laws that abridge the freedom of the press. The text of the amendment specifically states that "Congress shall make no law... abridging the freedom of speech, or of the press".
The freedom of the press is a critical component of the First Amendment, recognising the role of the press in disseminating news and information. This freedom extends to both the '"institutional press"' and individuals, with the Supreme Court ruling that generally applicable laws do not violate the First Amendment, even if they incidentally affect the press.
However, laws that specifically target the press or treat different media outlets differently may violate the First Amendment. For example, in Grosjean v. Am. Press Co. (1936), the Supreme Court held that a tax exclusively on newspapers violated the freedom of the press.
The First Amendment also protects the right to gather information. In Richmond Newspapers v. Virginia (1980), the Court implied recognition of the press's right to gather information, which may not be wholly inhibited by nondiscriminatory constraints. Additionally, the amendment protects good-faith defamation, as seen in New York Times Co. v. Sullivan (1964).
The freedom of the press is deeply rooted in American history, with early pledges made by several states during the American Revolutionary War. For instance, in 1776, the Virginia colonial legislature passed a Declaration of Rights, proclaiming that "The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic Governments."
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Freedom of assembly
The right to freedom of assembly is a fundamental aspect of democracy. It is protected by article 20 of the Universal Declaration of Human Rights. This right includes the freedom to hold meetings, sit-ins, strikes, rallies, events, and protests, both offline and online. The right to freedom of assembly is closely linked to the rights to freedom of speech and freedom of the press, which are protected by the First Amendment of the Federal Constitution of the United States.
The First Amendment prohibits the government from abridging "the right of the people peaceably to assemble". This freedom has been exercised by individuals espousing various viewpoints, including striking workers, civil rights advocates, anti-war demonstrators, and Ku Klux Klan marchers. The right to freedom of assembly does not protect riots and other violent acts, even if the underlying grievances are the same as those of peaceful assemblies. Until the twentieth century, the First Amendment limited only the federal government and not the states. While a right to assembly also appeared in many state constitutions, minority groups often discovered that its protections did not apply equally to them.
The Supreme Court has affirmed the importance of the right to freedom of assembly, stating that it is "cognate to those of free speech and free press and is equally fundamental". The Court has also stated that the right to assemble is "one that cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all civil and political institutions". This right was further extended to aliens as well as citizens through the Due Process Clause of the Fourteenth Amendment.
The right to freedom of assembly has been tested in various cases throughout history. In the 1937 case of De Jonge v. State of Oregon, the Supreme Court struck down an Oregon "criminal syndicalism" law that prohibited advocacy of "any unlawful acts or methods as a means of accomplishing or effecting industrial or political change or revolution". In another case, the Supreme Court reversed the convictions of 187 African-American students who were convicted of breaching the peace for peacefully protesting segregation in Columbia, South Carolina. The Court found that the government could not criminalize "the peaceful expression of unpopular views".
However, there are also limitations to the right to freedom of assembly. In the 2003 case of Virginia v. Hicks, the Supreme Court allowed curbs on assembly, stating that the city of Richmond could make certain areas off-limits to unauthorized people to curb drugs and other crimes in the area.
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Right to petition the government
The right to petition the government is a fundamental principle in the United States, dating back to the Magna Carta in 1215 and the English Bill of Rights in 1689. This right is explicitly protected by the First Amendment to the United States Constitution, 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."
The right to petition guarantees citizens the freedom to approach all branches of the government, including administrative agencies, courts, and legislatures, to address their grievances and seek redress. This right has been interpreted to include the legal right to sue the government and the right to lobby or persuade public officials. The right to petition played a significant role in American history, with the Declaration of Independence citing King George III's failure to address the colonists' petitions as a justification for independence.
While the right to petition is often overlooked or taken for granted, it serves as a foundation for many other civil liberties. The Congressional Research Service has noted that the scope of this right has expanded beyond simply seeking redress to encompass demands for the government to act in the interest of its citizens and address politically contentious matters. This expansion includes the recognition of the right to access the courts and the protection of petitions beyond just those directed at the federal legislature and courts.
However, it is important to note that the right to petition is not absolute. The Supreme Court has clarified that the First Amendment does not require the government to listen to or respond to petitions. Additionally, the Court has held that defamatory statements made in petitions do not provide immunity from libel. Despite these limitations, the right to petition remains a crucial aspect of American democracy, ensuring that citizens can actively participate in the political process and hold their government accountable.
In conclusion, the right to petition the government, as outlined in the First Amendment, is a fundamental freedom that empowers citizens to engage with their government, seek redress for grievances, and influence political decision-making. While the interpretation and enforcement of this right have evolved over time, it remains a cornerstone of the United States Constitution and a key mechanism for ensuring government accountability and responsiveness to the people.
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Frequently asked questions
The First Amendment to the United States Constitution was adopted on December 15, 1791. It prevents Congress from making laws that establish a religion, prohibit the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, disrupt the freedom of assembly, or hinder the right to petition the government for redress of grievances.
The First Amendment guarantees freedom of religion, expression, assembly, and the right to petition. It ensures that Congress cannot promote one religion over others or restrict an individual's religious practices. It also protects the freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely.
Yes, in Trinity Lutheran Church of Columbia, Inc. v. Comer (2017), the Court ruled that denying a public benefit based on the religious nature of an institution violates the Free Exercise Clause. In addition, in Espinoza v. Montana Department of Revenue (2020), the Court ruled that the Free Exercise Clause forbids a state from prohibiting the use of a state school choice program at a religious school due to its religious status or identity.
Initially, it was thought that the First Amendment only proscribed the preference of one Christian sect over another. However, through litigation, the Court has concluded that the individual freedom of conscience protected by the First Amendment includes the right to select any religious faith or none at all. This interpretation is based on respecting individual freedom of conscience and recognizing that religious beliefs worthy of respect are voluntary choices.
