Isabella Carter
The First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The First Amendment prevents Congress from making laws that establish a national religion, infringe on the freedom of religion, abridge the freedom of speech, restrict the freedom of the press, or interfere with the right to assemble and petition the government. It was proposed by the First Congress of the United States on September 25, 1789, as one of twelve amendments to the Constitution, and was ratified by three-fourths of the state legislatures on December 15, 1791. The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition, and it plays a crucial role in protecting civil liberties and individual freedoms in the United States.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date adopted | 15 December 1791 |
| Original position in Bill of Rights | Third |
| Number of amendments proposed by First Congress | 12 |
| Number of amendments ratified | 10 |
| Position in U.S. Constitution | First Amendment (Amendment I) |
| Purpose | Prevent Congress from interfering with freedom of religion, speech, press, assembly, and petition |
| Exceptions | Child pornography, fighting words, threats, incitement, defamation, fraud, and obscenity |
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What You'll Learn
The First Amendment and the Bill of Rights
The First Amendment is part of the Bill of Rights, which forms the first ten amendments of the US Constitution. On September 25, 1789, the First Congress of the United States proposed twelve amendments to the Constitution. Ten of these were ratified by three-fourths of the state legislatures on December 15, 1791, and these ratified Articles 3–12 constitute the Bill of Rights.
The First Amendment prevents Congress from making laws that establish a national religion, prohibit the free exercise of religion, or abridge the freedom of speech, freedom of the press, freedom of assembly, or the right to petition the government for redress of grievances. The right to petition for redress of grievances was first included in the 1215 Magna Carta. The First Amendment was influenced by the English Bill of Rights of 1689, which included the right to freedom of the press.
The First Amendment was designed to limit the power of Congress and protect individual liberties. James Madison wrote the amendments, and his proposed draft of the First Amendment stated:
> The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed.
The First Amendment was also influenced by the Virginia Declaration of Rights, written by George Mason, the Massachusetts Body of Liberties, and the English Magna Carta and Petition of Right.
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Freedom of religion
The First Amendment to the United States Constitution, which was adopted 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. The precise definition of "establishment" is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England. The Establishment Clause reflects a consensus that there should be no nationally established church after the American Revolutionary War. This clause includes many things, from prayer in government settings to financial aid for religious individuals and institutions.
The Free Exercise Clause protects the right to exercise one's religion freely. This includes the freedom to believe, worship, and express oneself according to the dictates of one's conscience.
The First Amendment was proposed to address concerns about the lack of guarantees for civil liberties in the original Constitution. James Madison proposed twenty constitutional amendments, including the First Amendment, which reads: "The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed."
The First Amendment was initially interpreted more narrowly and only applied to laws enacted by Congress. However, the Supreme Court has clarified that it equally limits the power of Congress and the states to interfere with the individual freedoms it protects.
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Freedom of speech
The First Amendment to the United States Constitution was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. It was the first of twelve amendments proposed by the First Congress of the United States on September 25, 1789. The First Amendment is commonly recognized for its protection of freedom of speech, religion, the press, and the right to assemble and petition the government.
The text of the First Amendment is as follows:
> "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 freedom of speech protected by the First Amendment has been interpreted by the Supreme Court to mean that no branch or section of the federal, state, or local governments can infringe upon American speech. This interpretation has been extended to include modern forms of communication, such as the internet and television. However, it is important to note that private organizations, such as businesses and religious groups, are not bound by the same constitutional obligation.
The First Amendment also protects symbolic speech, which includes actions such as saluting the flag or wearing black armbands to school to protest a war. The Supreme Court has struggled to determine what exactly constitutes protected speech, and there have been varying decisions on this matter over time. For example, in the case of Bethel School District #43 v. Fraser, 478 U.S. 675 (1986), the Court decided that students did not have the right to make an obscene speech at a school-sponsored event.
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Freedom of the press
The First Amendment to the United States Constitution, adopted on December 15, 1791, is part of the Bill of Rights, which consists of the first ten amendments to the Constitution. The First Amendment prevents Congress from making laws that infringe on certain freedoms, including freedom of speech and freedom of the press.
The text of the First Amendment includes the clause: "Congress shall make no law [...] abridging the freedom of speech, or of the press". This clause guarantees the freedom of the press, protecting the press from government interference and censorship. It recognises the important role of the press in American society and ensures that journalists and media outlets have the right to gather and report information without restriction.
The freedom of the press is a fundamental principle that has been upheld by the Supreme Court, which has ruled that laws specifically targeting the press or restricting its ability to gather and disseminate information may violate the First Amendment. For example, in the 1936 case of Grosjean v. Am. Press Co., the Supreme Court held that a tax exclusively on newspapers violated the freedom of the press.
However, the freedom of the press is not absolute. While the government cannot censor or restrict the publication of information, the press is still subject to general laws, such as those regarding defamation, confidentiality, and grand jury testimony. In Branzburg v. Hayes (1972), the Supreme Court ruled that generally applicable laws do not violate the First Amendment simply because they may have incidental effects on the press.
The First Amendment's protection of freedom of the press has been the subject of much debate, with some arguing that the institutional press should have greater freedom from government regulation than individuals or non-press entities. However, the Supreme Court has not definitively resolved this question. In Houchins v. KQED (1978), the Court acknowledged the critical role of the press in society but did not grant the media special privileges or access to information not available to the general public.
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Right to assemble and petition
The First Amendment to the United States Constitution was proposed by the First Congress of the United States on September 25, 1789, along with 11 other amendments. Ten of these 12 amendments were ratified on December 15, 1791, and constitute the Bill of Rights.
The First Amendment prevents Congress from making laws that infringe on certain civil liberties, including the freedom of assembly and the right to petition. Specifically, it 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 assemble refers to the freedom of individuals to gather in groups, whether spontaneously or in a planned manner. This right is distinct from the right to free speech, as it requires more than one person and often involves preparatory activities. The Supreme Court has recognised this as a "right of association", which is protected under the First Amendment.
The right to petition the government for redress of grievances is also a fundamental principle, dating back to the 1215 Magna Carta and the 1689 English Bill of Rights. It allows individuals to address their concerns to the government and seek resolution. While the right to petition has historically been viewed as the primary right, with the right to assemble being subordinate, both rights are now considered equally fundamental by the Court.
Despite the importance of these rights, some scholars argue that the modern Supreme Court tends to focus primarily on the Free Speech Clause, neglecting the independent significance of the Assembly and Petition Clauses. This has led to concerns about the undervaluing of certain First Amendment rights and their distinctive purposes.
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Frequently asked questions
The First Amendment to the United States Constitution prevents Congress from making laws that interfere with freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government to address grievances.
The First Amendment was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. It was originally proposed as the third article of the Bill of Rights, but the first two articles were not ratified by the states, so it ended up being the first amendment.
The First Amendment includes the Establishment Clause, which mandates governmental neutrality between religions and between religion and non-religion, and the Free Exercise Clause, which protects the free exercise of religion. The Supreme Court has interpreted these clauses to limit the power of Congress and the states to abridge the individual freedoms protected by the amendment.
Yes, there are some historically rooted exceptions to the broad freedom of expression guaranteed by the First Amendment. For example, the government may restrict the time, place, or manner of speech as long as the restrictions are unrelated to the content of the speech and leave people with alternative means of expression. Additionally, certain categories of speech, such as incitement, defamation, and fighting words, are not protected from government restrictions.
