Omar Bennett
The First Amendment to the US Constitution, ratified on December 15, 1791, protects the freedom of speech for all Americans. The text of the amendment states that Congress shall make no law...abridging the freedom of speech. This 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 the freedom of speech, though private organizations are not bound by this restriction. The First Amendment also protects the free exercise of religion and the right to peaceably assemble and petition the government.
| Characteristics | Values |
|---|---|
| Date passed by Congress | 25 September 1789 |
| Date ratified | 15 December 1791 |
| Amendment number | 1 |
| Amendment name | First Amendment |
| What it protects | Freedom of speech, religion, the press, and making complaints and requests to the government |
| 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." |
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What You'll Learn
The First Amendment protects freedom of speech
The First Amendment to the United States Constitution protects freedom of speech. This amendment states that "Congress shall make no law...abridging the freedom of speech". This protection of free speech is one of the most cherished values upheld by the First Amendment.
The U.S. Supreme Court has often struggled to determine what exactly constitutes protected speech. The First Amendment protects both direct (words) and symbolic (actions) speech. For example, in West Virginia Board of Education v. Barnette, the Court held that students have a First Amendment right not to salute the flag. Similarly, in Tinker v. Des Moines, the Court found that students do not "shed their constitutional rights at the schoolhouse gate" when they wore black armbands to school to protest a war.
The First Amendment also protects offensive speech in certain contexts. In Cohen v. California, the Court held that the use of certain offensive words and phrases to convey political messages was protected by the First Amendment. However, the First Amendment does not protect all speech. For example, in Bethel School District #43 v. Fraser, the Court held that a student's obscene speech at a school-sponsored event was not protected.
The First Amendment's protection of free speech is a fundamental freedom that ensures individuals' rights to express themselves without government interference. This right is a cornerstone of democracy and is essential for maintaining an open and free society.
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The right to not salute the flag
The right to free speech is enshrined in the First Amendment of the US Constitution, which states:
> "Congress shall make no law...abridging freedom of speech."
This amendment also protects the free exercise of religion, freedom of the press, and the right to peaceably assemble and petition the government.
The Barnette case centred around two students, Lillian and William Gobitas (misspelled by the Court as Gobitis), who refused to participate in a daily flag salute ceremony in their public school. As Jehovah's Witnesses, they objected on religious grounds, citing that pledging loyalty to the flag violated the Biblical injunction against serving other gods or graven images and their duty to pay supreme loyalty to God. The Court's ruling in their favour affirmed that individuals cannot be compelled to engage in expressive conduct, such as saluting the flag, against their will, as it would violate their freedom of speech and religious liberties.
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Students' right to protest at school
The First Amendment protects the freedom of speech and the right to peaceably assemble. This means that students do not shed their constitutional rights to freedom of expression or speech at the schoolhouse gate. The U.S. Supreme Court affirmed this in the famous case of Tinker v. Des Moines Independent Community School District in 1969.
Students have the right to protest during school hours, but they must still follow school rules regarding attendance and tardiness. Schools can punish students for skipping class or being late, even if they are protesting. While students have the right to freedom of assembly, they must do so in a peaceful manner and cannot disrupt the learning environment or incite violence. If a protest is disruptive or violent, the school has the authority to shut it down.
It is important to note that schools are not considered public forums, so school administrators have some power to restrict speech. However, students can assemble on public property outside the school, such as on a public sidewalk. Additionally, while students have the right to freedom of expression, this does not protect them from the consequences of breaking other school policies or laws, such as curfew laws for minors.
Students have been leading protests, particularly on climate change issues, and facing threats and punishments from schools. These restrictions interfere with the rights guaranteed to everyone under the UN Convention on the Rights of the Child (CRC), which states that under-18s have the same right to free expression and to seek, receive, and impart information.
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Offensive words permitted in political messages
The First Amendment protects the freedom of speech of US citizens. It states that "Congress shall make no law...abridging the freedom of speech." While the US Supreme Court has often struggled to determine what constitutes protected speech, it has been established that the First Amendment protects the right to use certain offensive words and phrases to convey political messages.
In Cohen v. California, the Supreme Court invalidated a disorderly conduct conviction based on wearing a jacket in a courthouse bearing a vulgar term ("Fk the Draft"). This case set a precedent for the protection of offensive language in political messages. Similarly, in Hess v. State of Indiana, the Supreme Court invalidated a conviction based on the use of the same term in a speech at an anti-war rally.
Political signs, including those that contain curse words or offensive messages, are also protected by the First Amendment. For example, a state court overturned the conviction of a woman who displayed multiple anti-Biden, pro-Trump signs with curse words, ruling that the curse words did not meet the standard of obscenity under the First Amendment.
However, it is important to note that the First Amendment does not protect speech that incites people to break the law or commit acts of violence. In Brandenburg v. Ohio, the Supreme Court ruled that the First Amendment does not permit the advocacy of law violation or the use of force unless it is directed at inciting imminent lawless action. Additionally, universities, while subject to the restrictions of the First Amendment, may restrict speech that defames a specific individual, constitutes a genuine threat, or is intended to provoke unlawful action.
While the First Amendment protects offensive speech in political messages, there are certain limitations, particularly when it comes to protecting the psychological well-being of minors. The regulation of offensive speech must be narrowly drawn and clearly defined to specify what is and is not permitted.
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The right to assemble and protest
The First Amendment of the US Constitution guarantees the right to assemble and protest. This right has been crucial for various dissenting and unorthodox groups, including Democratic-Republican Societies, suffragists, abolitionists, religious organizations, labor activists, and civil rights groups. The Supreme Court has recognized that the "right of peaceable assembly is a right cognate to those of free speech and free press and is equally fundamental."
Protesters have the right to assemble and march in traditional public forums, such as streets, sidewalks, and parks, without a permit as long as they do not obstruct traffic or interfere with the intended use of the property. However, certain events, such as large rallies or street closures, may require a permit, and the government may grant waivers for those who cannot afford the fee. While counterprotesters also have free speech rights, police must treat all protesters equally and work to maintain order by separating antagonistic groups while allowing them to remain within sight and sound of each other.
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Frequently asked questions
The First Amendment.
The First 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 also protects the free expression of faith for all Americans. It also protects the right to assemble, commonly manifested in the form of protests.
