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The First Amendment to the United States Constitution, also known as Amendment One, was ratified on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The amendment states that 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 right to free speech is a fundamental personal liberty that has been interpreted by the Supreme Court to mean that American speech cannot be infringed upon by any branch or section of the federal, state, or local governments.
| Characteristics | Values |
|---|---|
| Date of ratification | 15 December 1791 |
| Amendment number | 1 |
| Author | James Madison |
| Purpose | To prevent Congress from making laws that infringe on freedom of speech, freedom of religion, freedom of the press, freedom of assembly, and the right to petition the government |
| Interpretations | The First Amendment has been interpreted by the Supreme Court to mean that American speech cannot be infringed upon by any branch or section of the federal, state, or local governments. The right to assemble has been interpreted as an expansion of the core freedom of expression, extending the freedom of speech to groups rather than just individuals. |
| Exceptions | Private organizations such as businesses, colleges, and religious groups are not bound by the same Constitutional obligation. Commercial advertising, defamation, obscenity, and interpersonal threats to life and limb have little to no First Amendment protection. |
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What You'll Learn
The 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."
The concept of free speech within the First Amendment has evolved over time. The lead author of the speech and press clauses, James Madison, advocated for a broader interpretation than what was afforded under English common law. Madison's draft, introduced in the House of Representatives on June 8, 1789, stated:
> "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."
Madison also proposed limiting the power of states, including guaranteeing freedom of the press, but this was defeated by the Senate. The Supreme Court declined to rule on the constitutionality of federal laws regarding the Free Speech Clause until the 20th century. The First Amendment saw increased support and expansion in the 20th century, with Supreme Court decisions extending its protections to modern forms of art and communication, such as radio, film, television, video games, and the internet.
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Freedom of religion
The First Amendment to the U.S. Constitution, adopted on December 15, 1791, protects freedom of religion. The First Amendment was drafted by James Madison, who aimed to preserve individual freedoms and limit government power. Madison's constituents included large numbers of Baptists who wanted freedom of religion secured.
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. This means that the government cannot declare or financially support a state religion. The Free Exercise Clause protects citizens' right to practice their religion as they please, as long as it does not conflict with public morals or a "compelling" governmental interest.
The precise definition of "establishment" in the Establishment Clause is unclear. Historically, it meant prohibiting state-sponsored churches, such as the Church of England. Today, the U.S. Supreme Court often uses the three-part "Lemon Test" to determine whether government assistance to religion is permissible. Under this test, government assistance to religion is allowed only if:
- The primary purpose of the assistance is secular;
- The assistance neither promotes nor inhibits religion; and
- There is no excessive entanglement between church and state.
The First Amendment's protection of religious freedom has been extended by subsequent amendments to the Constitution. The Fourteenth Amendment, adopted in 1868, prevents states from enacting laws that would advance or inhibit any one religion.
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Freedom of the press
The First Amendment to the United States Constitution, also known as Amendment One, was ratified on December 15, 1791. It is recognized for safeguarding freedom of speech, religion, the press, and the right to assemble and petition the government. 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's interpretation has evolved over time, with the Supreme Court playing a pivotal role in shaping its scope. Initially, it applied solely to laws enacted by Congress, but its provisions are now interpreted more broadly. The First Amendment also underwent several iterations before its adoption, with James Madison, often regarded as the “Father of the Constitution,” drafting its initial version. Madison's draft emphasised the freedom of the press as a cornerstone of liberty, stating:
> "The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable."
The inclusion of freedom of the press in the First Amendment reflects Madison's belief that the government should not have censorial power over its citizens. This freedom extends beyond the written word to encompass other forms of communication, including radio, film, television, video games, and the Internet, thanks to Supreme Court decisions in the 20th and 21st centuries.
While the First Amendment protects freedom of the press, it does not grant absolute immunity. For instance, printers can still be held liable for publishing false facts. Additionally, commercial advertising, defamation, obscenity, and interpersonal threats are generally not protected by the First Amendment.
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The right to assemble
In 1937, the Supreme Court case DeJonge v. Oregon helped clarify the right to assemble, with Chief Justice Charles Evans Hughes writing, "peaceable assembly for lawful discussion cannot be made a crime." This case reinforced the idea that the right to assemble peaceably is guaranteed against state interference by the Fourteenth Amendment's due process clause.
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The right to petition
The roots of the right to petition can be traced back to the Magna Carta in 1215 and the English Bill of Rights in 1689. The inclusion of this right in the U.S. Constitution was influenced by the Declaration of Independence, which justified the American Revolution by citing King George III's repeated disregard for the colonists' petitions. The right to petition was further expanded in 1958 when the Supreme Court broadened the interpretation of the Assembly Clause to encompass the right to freedom of association.
The petition process has evolved over time, with the modern lobbying system being considered a less transparent and formalized version of the historical petition process. The Federal Tort Claims Act in the 1940s also restructured the petition process, shifting jurisdiction from Congress to federal courts. Despite these changes, the right to petition remains a vital component of democratic life, empowering citizens to engage with their government and seek redress for their grievances.
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Frequently asked questions
The First Amendment to the United States Constitution is a part of the Bill of Rights, which was ratified on December 15, 1791.
The First Amendment states that "Congress shall make no law...abridging freedom of speech." This means that no branch or section of the federal, state, or local governments can infringe upon American citizens' right to free speech.
The First Amendment also protects freedom of religion, freedom of the press, freedom of assembly, and the right to petition the government for redress of grievances.
James Madison is often referred to as the “Father of the Constitution” and was the lead author of the speech and press clauses in the First Amendment. Thomas Jefferson was also involved and became president in part due to his opposition to sedition prosecutions.
The First Amendment has gone through several interpretations since its adoption. Initially, it applied only to laws enacted by Congress and was interpreted more narrowly than it is today. The Supreme Court declined to rule on the constitutionality of any federal law regarding the Free Speech Clause until the 20th century. In the 20th century, the First Amendment experienced a surge in support and expansion, with Supreme Court decisions determining that it protects newer forms of communication such as radio, film, and the Internet.
