Jonah Patel
The first ten amendments to the US Constitution, proposed by Congress on September 25, 1789, and ratified on December 15, 1791, make up the Bill of Rights. The Bill of Rights was added to the Constitution to limit government power and protect individual liberties. The first of these amendments, the First Amendment, protects several fundamental freedoms, including freedom of religion, speech, and the press, as well as the right to peaceably assemble and petition the government.
| Characteristics | Values |
|---|---|
| Date proposed | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Number of amendments proposed | 12 |
| Number of amendments ratified | 10 |
| First Amendment | 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 |
| Fourth Amendment | Citizens have the right to be free from unreasonable government intrusion in their homes through the requirement of a warrant |
| Sixth Amendment | People accused of crimes have additional protections, such as the right to a speedy and public trial, trial by an impartial jury, and to be informed of criminal charges |
| Seventh Amendment | Extends the right to a jury trial in Federal civil cases |
| Eighth Amendment | Bars excessive bail and fines and cruel and unusual punishment |
| Ninth Amendment | Listing specific rights in the Constitution does not mean that people do not retain other rights not mentioned |
| Tenth Amendment | The Federal Government only has the powers delegated in the Constitution |
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What You'll Learn
Freedom of religion
The First Amendment to the US Constitution, part of the Bill of Rights, was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. It is designed to protect individual liberties and limit government power.
The First Amendment includes two provisions concerning religion: the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion, while the Free Exercise Clause protects the right to free exercise of religion.
The precise definition of "establishment" in the Establishment Clause is unclear, but it has historically meant prohibiting state-sponsored churches, such as the Church of England. Today, what constitutes an "establishment of religion" is often governed by the three-part test set forth by the US Supreme Court in Lemon v. Kurtzman (1971).
The First Amendment's protection of religious freedom means that Congress cannot make any laws that establish a national religion or prefer one religion over another. It also protects the right of individuals to practice their religion as they see fit, without interference from the government.
The First Amendment's guarantees of religious freedom are essential for ensuring religious diversity and tolerance in the United States. They reflect the Founders' belief in the natural right to worship freely and have shaped the country's religious landscape, allowing for a variety of faiths to coexist and flourish.
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Freedom of speech
The First Amendment to the US Constitution protects a person's fundamental right to freedom of speech. It states that "Congress shall make no law...abridging the freedom of speech".
The right to freedom of speech is a natural right that is deeply rooted in the history and values of the United States. The First Amendment ensures that the government cannot interfere with or restrict an individual's freedom of expression. This includes the right to speak, write, and express oneself without censorship or restraint from the government.
The Supreme Court has interpreted this to mean that no branch or level of government, whether federal, state, or local, can infringe upon the free speech rights of Americans. This interpretation has been extended to include modern forms of communication such as radio, film, television, video games, and the internet.
However, it's important to note that the right to freedom of speech is not absolute. While it protects a wide range of expression, there are certain limitations and exceptions. For example, the Supreme Court has ruled that commercial advertising, defamation, obscenity, and interpersonal threats generally do not fall under the protection of the First Amendment. Additionally, private organizations, such as businesses, colleges, and religious groups, are not bound by the same constitutional obligation to uphold freedom of speech.
Throughout history, the interpretation of freedom of speech has been a subject of debate and evolution. The Supreme Court has had to grapple with defining what constitutes protected speech. For instance, in Tinker v. Des Moines (1969), the Court upheld the right of students to wear black armbands to school as a form of protest, recognizing that students do not "shed their constitutional rights at the schoolhouse gate". In Cohen v. California (1972), the Court ruled that using offensive words and phrases to convey political messages was protected under the First Amendment. These cases illustrate the dynamic nature of free speech jurisprudence, adapting to the complexities of expression in a democratic society.
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Freedom of the press
The First Amendment to the U.S. Constitution protects a person's fundamental freedoms. Authored by James Madison, the first ten amendments to the Constitution, collectively known as the Bill of Rights, were designed to safeguard individual liberties and restrict governmental power.
The First Amendment states that "Congress shall make no law...abridging the freedom of speech, or of the press". This amendment protects the freedom of the press, which is critical to a democracy in which the government is accountable to the people. A free press functions as a watchdog that can investigate and report on government wrongdoing. It also serves as a vehicle for ordinary citizens to express themselves and gain exposure to a wide range of information and opinions.
The freedom of the press has been the subject of several Supreme Court cases, which have considered the First Amendment rights of press entities. For example, in First National Bank of Boston v. Bellotti, the Court addressed whether the free press clause entitles the institutional press to more freedom from government regulation than others. The Court has also considered whether reporters and other members of the press are entitled to privilege under the law, as in Branzburg v. Hayes.
The ACLU has played a central role in defending the freedom of the press, including in the landmark Pentagon Papers case and the defence of whistleblower Edward Snowden.
While the freedom of the press is a fundamental right, it faces new challenges in the modern era. The rise of the national security state and the proliferation of new surveillance technologies have made it more difficult for journalists to protect their sources and, by extension, the public's right to know.
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Freedom of assembly
The First Amendment to the US Constitution protects a person's fundamental freedoms, including freedom of assembly. This freedom is a lesser-known constitutional right that holds significant weight in preserving civil liberties and limiting government power.
The First Amendment explicitly states that "Congress shall make no law [...] abridging [...] the right of the people peaceably to assemble". This right to assemble is deeply intertwined with the rights to free speech and a free press, as acknowledged by the Supreme Court in DeJonge v. Oregon (1937). In this case, the Court affirmed that the freedom of assembly protects "the holding of meetings for peaceable political action" or any lawful discussion. It described this right as "equally fundamental", eliminating the Cruikshank limitation and applying the First Amendment's right to assemble to the states.
The right of assembly safeguards individuals' freedom to gather on public property, including parks and sidewalks, to engage in expressive activities. This can encompass protests, planning meetings, and other social or political endeavours. Notably, the First Amendment does not protect violent assembly, as seen in the case of Virginia v. Hicks (2003), where the high court allowed curbs on assembly to maintain public order.
The freedom of assembly is a cornerstone of democratic ideals, empowering individuals to unite and collectively express their views. This right has been exercised by various groups throughout history, including striking workers, civil rights advocates, anti-war demonstrators, and Ku Klux Klan marchers. By guaranteeing the right to assemble, the First Amendment ensures that individuals can mobilise and make their voices heard, even when their expression may be deemed offensive by the majority.
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Right to bear arms
The Second Amendment to the U.S. Constitution protects a person's right to bear arms. Enacted in 1789, it states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
The Second Amendment is a contentious topic, with intense debates surrounding the scope of the right and the government's ability to regulate gun ownership. Some interpret it as providing an absolute right to own weapons, while others argue it is limited to purposes related to serving in a state militia. The text of the amendment has been subject to considerable interpretation due to its concise nature, consisting of just a single sentence.
The Supreme Court has played a significant role in interpreting the Second Amendment. In District of Columbia v. Heller (2008), the Court analysed the meaning of "keep and bear arms." Justice Antonin Scalia, writing for the majority, examined the meaning of "arms" in the 1700s and concluded that the right to "keep arms" is an individual right, unrelated to militia service. This conclusion affirmed that the Second Amendment protects the right of individuals, not just militia members, to possess arms.
The historical context of the Second Amendment is also a subject of discussion. Some historians argue that the primary reason for its inclusion was to prevent the need for a professional standing army in the United States. This perspective aligns with the Federalist Papers, where Alexander Hamilton expressed similar concerns. Additionally, the fear of a standing army is cited as another reason for the Second Amendment protections. Citizens' right to bear arms was seen as a necessary check against a potentially tyrannical government.
Today, the preservation of gun rights and firearm possession is often justified for purposes of self-defence, recreational use, and hunting. The Second Amendment continues to be a topic of debate, with ongoing discussions about the appropriate level of government regulation and the precise individuals who can possess guns.
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