Anaya Nolan
The First Amendment of the United States Constitution protects the right to freedom of religion and expression from government interference. It prohibits the government from establishing a national religion, impeding the free exercise of religion, abridging the freedom of speech, infringing upon the freedom of the press, interfering with the right to assemble peacefully, or prohibiting citizens from petitioning the government for a redress of grievances. While the First Amendment was originally only applicable to the federal government, the Fourteenth Amendment has since been adopted, extending these protections to state and local governments as well. This means that states cannot make laws that violate these rights, and any laws that do so are unconstitutional and can be challenged in court.
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What You'll Learn
Freedom of religion
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. The First Amendment has been interpreted by the Supreme Court as applying to the entire federal government, even though it is only expressly applicable to Congress.
The First Amendment has two religion clauses, the Establishment Clause and the Free Exercise Clause, which together protect religious freedom. The Establishment Clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the separation of church and state. The Free Exercise Clause prohibits the government, in most instances, from interfering with a person's practice of their religion.
The Supreme Court has recognised that the Free Exercise Clause protects religious observers against unequal treatment. For example, in Fowler v. Rhode Island, the Supreme Court held that a city violated the First Amendment when it applied an ordinance prohibiting certain activities in public parks in a discriminatory fashion. The evidence showed that a certain group's religious service had been treated differently from the religious service of other sects, amounting to the state preferring some religious groups over others.
In another case, the Court held that a law excluding religious schools from a state's tuition assistance program because the schools would use the funds for religious activities was unconstitutional. Even if a law does not expressly target religion, it will trigger strict scrutiny if its object is to infringe upon or restrict practices because of their religious motivation.
In some cases, the Court has suggested that refusing to accommodate religious activity might demonstrate impermissible hostility to religion. For example, in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, the Court set aside state administrative proceedings enforcing Colorado's anti-discrimination laws against a baker who refused to make a cake for a same-sex wedding. The Court emphasised that these 'official expressions of hostility' led it to set aside the policies without further inquiry.
While the First Amendment protects against government interference with the free exercise of religion, it does not provide an exemption from complying with valid and neutral laws of general applicability. For example, in Employment Division v. Smith, the Court held that laws burdening religion generally will not violate the Free Exercise Clause if they are neutral and generally applicable.
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Freedom of speech
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances.
The First Amendment has been interpreted by the Court as applying to the entire federal government, although it is only expressly applicable to Congress. The Due Process Clause of the Fourteenth Amendment has been interpreted by the Court as protecting the rights in the First Amendment from interference by state governments. The First Amendment also applies to local governments.
The First Amendment protects against prior restraint, or pre-publication censorship, in almost all cases. The right to free speech includes other mediums of expression that communicate a message. However, the Supreme Court has recognised that the government may prohibit some speech that may cause a breach of the peace or violence. For example, the First Amendment does not protect the use of non-verbal symbols to directly threaten, discriminate against, or harass an individual, or encroach upon or destroy private property.
The right to assemble allows people to gather for peaceful and lawful purposes. The right to association and belief is implicit in the First, Fifth, and Fourteenth Amendments. The government may prohibit people from associating with groups that engage in and promote illegal activities. The right to associate also prohibits the government from requiring a group to disclose its members or denying government benefits based on an individual's current or past membership in a particular group.
The First Amendment does not apply to private, non-governmental entities. For example, a private school compelling children to recite the pledge of allegiance does not constitute a First Amendment claim, as private schools are not state actors.
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Freedom of the press
The First Amendment of the United States Constitution protects the freedom of the press from government interference. It states that "Congress shall make no law...abridging the freedom of speech, or of the press". This amendment was adopted into the Bill of Rights in 1791 and is deeply rooted in the country's commitment to democracy.
The freedom of the press is not just about protecting press entities; it also protects the public's right to receive information, especially regarding government affairs and other matters of public concern. The press plays a critical role in a democracy by acting as a watchdog that can investigate and report on government wrongdoing, holding the government accountable to the people.
The Supreme Court has directly addressed the distinction between freedom of speech and freedom of the press. In 1978, the Court considered whether the First Amendment grants broader freedoms to the institutional press compared to private individuals or entities. Justice Stewart argued that the explicit inclusion of press freedom in the First Amendment acknowledges the important societal role of the American press as a check on government power.
The ACLU has played a central role in defending freedom of the press, including in the landmark Pentagon Papers case and the defence of whistleblower Edward Snowden. However, the rise of the national security state and new surveillance technologies have created new challenges to media freedom, with journalists facing unprecedented crackdowns and whistleblowers being targeted and prosecuted under the World War One-era Espionage Act.
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Right to assemble
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, or interfere with the right to peaceably assemble and petition the government for a redress of grievances.
The right to assemble allows people to gather for peaceful and lawful purposes. This includes the right to protest and the right to associate, which is implicit in the First, Fifth, and Fourteenth Amendments. The right to associate also prohibits the government from requiring a group to disclose its members or denying benefits based on an individual's membership in a particular group. The right of assembly is often linked with the right to free speech and free press, and is considered equally fundamental.
The modern Supreme Court treats assembly as subsumed within an expansive "speech" right, often called "freedom of expression." However, many scholars believe that this focus on an expansive idea of speech undervalues the importance of providing independent protection to the remaining textual First Amendment rights, including assembly. The right to assemble is the only right in the First Amendment that requires more than a lone individual for its exercise. While some assemblies occur spontaneously, most do not, and people usually need to form a group or association before assembling in public.
The public forum doctrine, which is a First Amendment doctrine, allows the government to regulate expressive activity in public spaces through time, place, and manner restrictions. However, critics argue that the right of assembly is seldom mentioned in judicial analysis of protest restrictions, and that the focus on outward expression undermines other values underlying assembly.
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Right to petition
The First Amendment of the United States Constitution protects the right to freedom of religion and expression from government interference. It also guarantees the right to petition the government for a redress of grievances. This right, which has roots in the English Bill of Rights of 1689, is one of the less litigated provisions of the First Amendment but remains significant.
The right to petition allows citizens to protest specific government policies and attempt to change them. For example, in Kings Mall v. Wenk, defendants who were veterans of the Armed Services protested the government's involvement in Iraq at a location chosen for its proximity to a military recruitment center. The plaintiffs alleged trespassing and sought to bar the defendants from the Mall, but the New York State Supreme Court only granted this motion in part.
The First Amendment does not, however, protect individuals from charges of slander and libel. For instance, in McDonald v. Smith (1985), it was held that the petition clause of the First Amendment does not provide individuals with absolute immunity from such charges. Similarly, in California Motor Transport Co. v. Trucking Unlimited (1972), the Court found that the First Amendment does not protect companies that work together to prevent others from accessing courts.
The right to petition also applies to military service members. In Brown v. Glines (1980), it was determined that military personnel have the right to petition Congress but cannot circulate petitions without approval from a base commander. In Secretary of the Navy v. Huff (1980), the Court decided that limiting the military's right to petition does not violate the First Amendment.
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Frequently asked questions
The First 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."
No, the First Amendment protects freedom of speech. However, the Supreme Court has recognized that the government may prohibit some speech that may cause a breach of the peace or violence.
No, the First Amendment prohibits the government from passing legislation to establish an official religion or preferring one religion over another. The Free Exercise Clause also protects the right to practice one's religion without interference from the state.
No, the First Amendment protects the right of the people to peaceably assemble and petition the government. This includes the right to freedom of association and belief.
A potential plaintiff can bring a First Amendment claim against the state. The Supreme Court has the power to interpret and enforce the First Amendment, and has done so in several cases, including Near v. Minnesota (1931) and New York Times Co. v. United States (1971).
