Malcolm Rivera
The First Amendment to the United States Constitution, also known as Amendment I, was ratified on December 15, 1791, and protects freedom of expression. It prevents Congress from making laws that interfere with freedom of speech, freedom of the press, freedom of religion, and the right to assemble and petition the government. The First Amendment has been interpreted by the Supreme Court to mean that no branch of the federal, state, or local government can infringe upon Americans' freedom of expression. This includes protection for recent forms of communication such as the internet and television.
| Characteristics | Values |
|---|---|
| Freedom of speech | The right to express opinions without censorship, interference, or restraint by the government |
| Freedom of the press | The right to express and publish ideas, information, and opinions without interference, constraint, or prosecution by the government |
| Freedom of religion | The right to free exercise of religion and protection of the free expression of faith for all Americans |
| Freedom of assembly | The right of the people to peaceably assemble |
| Right to petition the government | The right to petition the government for a redress of grievances |
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What You'll Learn
Freedom of speech
The First Amendment (Amendment I) to the United States Constitution, which was ratified on December 15, 1791, protects the freedom of speech. It states that "Congress shall make no law...abridging the freedom of speech". This amendment broadly protects the right to free speech and free press, encompassing the decision of what to say and what not to say. It covers many ways of expression and protects what people say as well as how they express themselves.
The First Amendment prevents Congress from making laws that restrict the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It also prevents public institutions from compromising individuals' First Amendment freedoms by establishing a framework that defines critical rights and responsibilities regarding free expression and freedom of belief. The Supreme Court has interpreted this to mean that no branch or section of the federal, state, or local governments can infringe upon American speech.
The freedom of speech protected by the First Amendment includes the right not to speak, such as the right not to salute the flag. It also includes the right to wear symbols or clothing to express a political message, such as students wearing black armbands to school to protest a war. The Supreme Court has ruled that the government cannot restrict expression based on its message, ideas, subject matter, or content. This includes protection for erroneous statements and criticism of public policy, as well as expression that may be unpopular, annoying, or distasteful.
However, the First Amendment does not provide absolute protection for all forms of speech. Certain categories of speech, such as obscenity, child pornography, defamatory speech, false advertising, true threats, and fighting words, are not protected. Additionally, the First Amendment only applies to government restrictions on speech and does not prevent restrictions imposed by private individuals or businesses.
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Freedom of the press
The First Amendment to the United States Constitution protects the right to freedom of expression. It prevents Congress from making laws that infringe on the freedom of speech or the freedom of the press. This amendment was adopted on December 15, 1791, and it applies to laws enacted by Congress.
The freedom of the press is a fundamental right guaranteed by the First Amendment. It ensures that individuals have the right to express themselves through the publication and dissemination of information, ideas, and opinions without interference or constraint by the government. This freedom extends to media outlets, such as newspapers, magazines, and broadcast news organisations.
The First Amendment's protection of the freedom of the press has been the subject of much debate and several court cases. In Houchins v. KQED in 1978, the Court considered whether the institutional press should have greater freedom from government regulations than non-press entities. Justice Potter Stewart argued that the separate mention of freedom of speech and freedom of the press in the First Amendment acknowledges the critical role played by the press in American society.
In another case, Justice Rehnquist disagreed with the idea that corporations, including press corporations, should have protected First Amendment rights because they are not natural persons. However, previous decisions, such as in NAACP v. Button in 1963, have recognised corporate free speech.
The freedom of the press also includes the right to distribute, receive, and read information. In Murdock v. Pennsylvania (1943), the Supreme Court affirmed the importance of freedom of the press, stating that the community and state may not suppress or tax the dissemination of views, even if they are unpopular or annoying.
Overall, the First Amendment's protection of freedom of the press ensures that the media can play its critical role in society without undue interference or constraint from the government.
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Freedom of religion
The First Amendment to the United States Constitution, adopted on December 15, 1791, protects the freedom of religion. It states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof".
The First Amendment's two provisions concerning religion are the Establishment Clause and the Free Exercise Clause. The Establishment Clause prohibits the government from establishing an official religion or favouring one religion over another. This means that the government cannot promote or endorse any particular religion or religious beliefs. The Free Exercise Clause, on the other hand, protects the right of individuals to practice their religion freely, without interference from the government.
The Supreme Court has interpreted these clauses to mean that the government may not suppress or tax the dissemination of religious views, even if they are unpopular or annoying. This interpretation ensures that individuals are free to express and practise their religious beliefs without fear of legal repercussions.
The First Amendment's protection of religious freedom is a fundamental aspect of the United States' commitment to religious liberty and tolerance. It ensures that individuals of all faiths and beliefs can freely practise their religion and participate fully in the public sphere without discrimination or favouritism based on their religious beliefs.
The Establishment and Free Exercise Clauses have been the subject of numerous court cases over the years, with the Supreme Court providing further clarification and guidance on how these protections should be interpreted and applied in practice. One notable case is Engel v. Vitale, which dealt with the issue of religion in schools and the Establishment Clause.
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Freedom of assembly
The First Amendment to the United States Constitution protects freedom of expression. It prevents Congress from making laws that infringe on the freedom of speech, freedom of the press, freedom of religion, and the right to peaceably assemble and petition the government for a redress of grievances.
The right to peaceably assemble is considered one of the attributes of citizenship under a free government. The Supreme Court has affirmed that this right has always existed, and it is integral to what Justice Robert Jackson referred to as "the right to differ." The freedom to assemble is not just a right but also a necessary prerequisite for the exercise of other rights, such as freedom of speech. This right extends beyond the act of assembling and includes preparatory activities leading up to the assembly, which the Supreme Court has recognised as a distinct "right of association."
The right to assemble has been a significant part of the United States' history, with eminent figures like Eleanor Roosevelt emphasising its importance. The right gained prominence during World War II as one of the original "Four Freedoms," which included speech, press, and religion. However, in recent times, there has been a shift in focus away from assembly as a freestanding right, with the Supreme Court not deciding a case on these grounds in over four decades.
National and regional constitutions that recognise and guarantee freedom of assembly include those of Bangladesh, Brazil, Canada, France, Ireland, Russia, and Taiwan.
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Right to petition the government
The right to petition the government is a fundamental freedom guaranteed by the First Amendment to the United States Constitution. This right ensures that citizens can assemble peacefully and petition their government to address their grievances. While often overlooked, this right is essential for enforcing other civil liberties against the government.
The First Amendment explicitly prohibits Congress from making any laws that infringe upon the right to petition. This right has been interpreted to include the legal right to sue the government and lobby public officials. However, it is important to note that the right to petition does not provide absolute immunity, as demonstrated in cases like McDonald v. Smith, where defamatory statements made in petitions were not protected.
Historically, the right to petition has played a significant role in advocating for social change. For example, during the movement to end slavery in the United States, over 130,000 citizens signed petitions sent to Congress. While these petitions were initially ignored due to gag rules, former president John Quincy Adams and other representatives successfully repealed these rules, reaffirming the Constitutional right to petition.
The right to petition extends to all branches of the government, including administrative agencies, courts, and the legislature. The Supreme Court has also recognised that the right to petition includes a right of access to the courts, as seen in cases like Guarnieri v. where the Petition Clause protected an individual's right to appeal to courts for the resolution of legal disputes.
While the right to petition is a fundamental freedom, it does not guarantee that the government will listen to or respond to members of the public. However, it ensures that citizens have the ability to make their voices heard and seek redress for their grievances from their government.
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Frequently asked questions
The First Amendment.
The First Amendment broadly protects the rights of free speech and a free press.
Free speech is the free and public expression of opinions without censorship, interference, or restraint by the government. This includes the decision of what to say and what not to say.
Freedom of the press means the right of individuals to express themselves through publication and dissemination of information, ideas, and opinions without interference, constraint, or prosecution by the government.
The First Amendment does not prevent restrictions on speech imposed by private individuals or businesses. It also does not protect commercial advertising, defamation, obscenity, and interpersonal threats to life and limb.
