Eleanor Finch
The First Amendment to the United States Constitution, ratified on December 15, 1791, guarantees freedom of speech. The text of the amendment states that Congress shall make no law...abridging the freedom of speech. The interpretation of this statement has been a point of contention for the Supreme Court, which has struggled to determine what constitutes protected speech. The First Amendment also protects the free exercise of religion, freedom of the press, and the right to peaceably assemble and petition the government.
| Characteristics | Values |
|---|---|
| Date passed by Congress | September 25, 1789 |
| Date ratified | December 15, 1791 |
| Official text | "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." |
| Free expression of faith | Protects the free expression of faith for all Americans |
| Free exercise clause | Protects religious observers against unequal treatment |
| Free press clause | Protects the publication of information and opinions, applying to a wide variety of media |
| Petition clause | Protects the right to petition all branches and agencies of government for action |
| Free speech | Protects the right to receive information and ideas, regardless of their social worth |
| Protects the right to not speak, e.g. the right not to salute the flag | |
| Protects the right to express any thought, free from government censorship | |
| Protects the right to use certain offensive words and phrases to convey political messages |
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What You'll Learn
Freedom of speech and press
The First Amendment to the United States Constitution guarantees freedom of speech and press. It 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 Supreme Court has interpreted "speech" and "press" broadly to include talking, writing, printing, broadcasting, using the internet, and other forms of expression. Symbolic expression, such as displaying flags, burning flags, wearing armbands, burning crosses, and similar actions, are also included in the freedom of speech. The First Amendment protects the right to receive information and ideas, regardless of their social worth, and to be generally free from government intrusion into one's privacy and control of one's thoughts.
The Free Press Clause protects the publication of information and opinions across a wide variety of media. The Supreme Court has ruled that the First Amendment protects against pre-publication censorship in almost all cases. The freedom of speech and press guaranteed by the Constitution allows for the public discussion of all matters of public concern without fear of subsequent punishment.
While the First Amendment provides strong legal protection, it is not absolute. Commercial speech, for example, is less protected and is subject to greater regulation. The Supreme Court has also noted that erroneous statements must be protected to give freedom of expression the space it needs to survive. However, certain forms of "low-value speech," such as defamation, obscenity, and threats, have been regulated by the government for a long time.
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Freedom of religion
The First Amendment to the United States Constitution, ratified on December 15, 1791, guarantees freedom of speech, religion, the press, and the right to assemble and petition the government. The text of the 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 First Amendment protects the free expression of faith for all Americans, including the right to freely exercise one's religion without interference from the government. This amendment was influenced by the diverse religious backgrounds of the colonists and the principle that the government should not establish an official religion. The freedom of religion became a pivotal tenet of the American Revolution, championed by James Madison, the lead author of the First Amendment.
The Supreme Court has interpreted the First Amendment to mean that the federal government cannot infringe upon Americans' freedom of speech and religion. This protection extends to all levels of government, including local, state, and federal. However, private organizations such as businesses, colleges, and religious groups are not bound by the same constitutional obligations.
The First Amendment also protects the right to receive information and ideas, regardless of their social worth, and guards against governmental intrusions into one's privacy and control of one's thoughts. This includes the freedom of association, privacy in associations, and the freedom to distribute, receive, and read information. The Free Exercise Clause ensures that religious observers are protected against unequal treatment and that the government cannot impose burdens on conduct motivated by religious belief.
While the First Amendment guarantees freedom of speech, this right is not absolute and is subject to certain limitations. Commercial speech is less protected and is subject to greater regulation. Additionally, the First Amendment does not protect against interpersonal threats, obscenity, or defamation. The Supreme Court has struggled to define the exact boundaries of protected speech, and its interpretations have evolved over time through various court cases.
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Right to petition the government
The First Amendment to the United States Constitution, ratified on December 15, 1791, guarantees various freedoms, including freedom of speech, freedom of religion, freedom of the press, and the right to petition the government. The right to petition the government, also known as the Petition Clause, is a fundamental part of the First Amendment and plays a crucial role in safeguarding the rights of citizens to engage with their government.
The text of the First Amendment states: "Congress shall make no law...abridging...the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This clause ensures that individuals have the right to make complaints, requests, and petitions to the government without fear of retaliation or censorship. It also encompasses the freedom of assembly, protecting the right of people to gather peacefully for protests, demonstrations, or other collective actions directed at the government.
The Petition Clause protects the ability of citizens to address all branches and agencies of the government, seeking action or redress for their grievances. This right extends to petitions made to any level of government, from local to federal. For example, citizens can petition their city council, state legislature, or the President of the United States, without facing legal repercussions for expressing their concerns or demands.
The right to petition the government has been affirmed in several court cases. In Chicago Police Dept. v. Mosley (1972), the Supreme Court emphasised that the First Amendment prohibits the government from restricting expression based on its message, ideas, subject matter, or content. This includes petitions and other forms of communication directed at the government. Additionally, in cases like Thornhill v. Alabama (1940) and Stanley v. Georgia (1969), the Supreme Court characterised the rights of free speech and freedom of the press as fundamental liberties upon which free government depends.
While the First Amendment primarily protects citizens from the federal government infringing on their right to petition, it does not offer the same level of protection against private organisations. Private entities, such as businesses, colleges, or religious groups, are not bound by the same constitutional obligation to uphold freedom of speech and the right to petition. However, the First Amendment has evolved over time, with courts interpreting it to include newer forms of communication, such as radio, film, television, video games, and the Internet.
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Freedom of assembly
The First Amendment to the United States Constitution, ratified on December 15, 1791, guarantees freedom of speech. The text of the 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 First Amendment protects the freedom of speech, religion, the press, and the right to assemble and petition the government. The freedom of assembly, as protected by the First Amendment, guarantees the right of individuals to gather peacefully for a common purpose, such as protesting or demonstrating. This right is essential for a functioning democracy as it allows citizens to express their views and opinions collectively and to influence public discourse and government policy.
The Supreme Court has interpreted the First Amendment to mean that the freedom of speech of all Americans cannot be infringed upon by any branch or section of the federal, state, or local governments. However, this protection does not extend to private organizations such as businesses, colleges, or religious groups. The Court has also clarified that the amendment does not guarantee an absolute right to freedom of expression, and certain forms of expression, such as commercial advertising, defamation, obscenity, and interpersonal threats, may not be protected.
The First Amendment has been interpreted to protect more recent forms of communication, such as radio, film, television, video games, and the internet. The Free Press Clause, as interpreted by the Supreme Court, protects the publication of information and opinions across various media formats. The Petition Clause, on the other hand, protects the right to petition the government for action or redress of grievances. These rights collectively ensure that citizens can freely express their views, assemble peacefully, and seek change through lawful means.
The right to freedom of assembly has been central to many social and political movements throughout American history, allowing people to unite and advocate for their beliefs and causes. This right empowers individuals to collectively address issues of concern and engage with their government and society in a meaningful way.
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Freedom of expression
The First Amendment to the United States Constitution, ratified on December 15, 1791, 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 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 First Amendment protects freedom of expression, including the right to receive and convey information and ideas, regardless of their social worth. This encompasses various forms of expression such as direct speech, symbolic actions, art, and modern communication mediums like the internet and video games. The Supreme Court has interpreted the First Amendment to mean that no branch of the federal, state, or local government can infringe upon Americans' freedom of speech. However, private organizations are not bound by the same constitutional obligation.
While the First Amendment protects freedom of expression, it is not absolute and is subject to certain limitations. Commercial speech, for example, is less protected and subject to greater regulation. Additionally, the Supreme Court has ruled that certain forms of expression, such as commercial advertising, defamation, obscenity, and interpersonal threats, have little to no protection under the First Amendment.
The First Amendment also protects the free expression of faith for all Americans. The Establishment Clause made it clear that the federal government could not establish an official religion. This freedom of religion, composed in part by the right to free expression, was a pivotal tenet of the American Revolution and was strongly defended by James Madison, the lead author of the First Amendment.
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Frequently asked questions
The First Amendment to the US Constitution guarantees freedom of speech.
The First Amendment states that "Congress shall make no law...abridging freedom of speech". This means that the government cannot restrict expression based on its message, ideas, subject matter, or content.
The First Amendment also protects freedom of religion, freedom of the press, freedom of assembly, and the right to petition the government.
