Gavin Howe
The First Amendment to the United States Constitution was proposed by the First Congress of the United States on September 25, 1789, and ratified on December 15, 1791. It is part of the Bill of Rights, which consists of the first ten amendments to the Constitution. The First Amendment guarantees freedoms concerning religion, expression, assembly, and the right to petition. It forbids Congress from promoting one religion over others, restricting an individual's religious practices, abridging the freedom of speech, infringing on the freedom of the press, or interfering with the right to assemble peaceably and petition the government. While the First Amendment draws on principles of English common law, it expands upon and diverges from these precedents in significant ways, such as by increasing the burden of proof for defamation and libel suits and offering broader protections for political speech, anonymous speech, and other forms of expression.
| Characteristics | Values |
|---|---|
| Date of adoption | 15 December 1791 |
| Basis | English Bill of Rights of 1689 |
| Applicability | Initially, only to laws enacted by Congress |
| Freedom of speech | Protected, with some exceptions |
| Freedom of the press | Protected, with some exceptions |
| Freedom of assembly | Protected |
| Right to petition the government | Protected |
| Right to free exercise of religion | Protected |
| Right to freedom from religious establishment | Protected |
| Right to freedom from religious interference in government | Protected |
| Right to protection from religious interference in free exercise of religion | Protected |
| Right to protection from religious interference in assembly | Protected |
| Right to protection from religious interference in petitioning the government | Protected |
| Right to protection from religious interference in the free exercise of religion | Protected |
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What You'll Learn
The US Constitution's First Amendment
The First Amendment to the United States Constitution, also known as Amendment I, was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. The First Amendment prevents Congress from making laws that interfere with the freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for redress of grievances.
The First Amendment is often cited as a cornerstone of American democracy and a key protection for individual liberties. It has been the subject of much litigation and debate over the years, with courts expanding or clarifying its protections in various contexts, such as political speech, anonymous speech, campaign finance, pornography, and school speech.
The First Amendment's protections for freedom of speech and the press have been particularly influential, with some courts outside the US, such as the European Court of Human Rights in Strasbourg, commenting on the tendency to privilege these rights over others. However, it is important to note that the First Amendment does not provide absolute protection for speech and expression, and courts have defined exceptions to its protections, for instance in cases of defamation and libel.
While the First Amendment is unique to the US Constitution, it was influenced by earlier documents, including the English Bill of Rights of 1689. This document established principles such as freedom of speech within Parliament and the right to petition, which were later included in the US Bill of Rights. However, there are also significant differences between the two, such as the treatment of religious freedom, with the English Bill of Rights favouring Protestants and excluding "Papists" from serving in certain positions, while the First Amendment sought to disestablish all national religions.
Additionally, the US Constitution, including the First Amendment, is a written and enforceable document, whereas English law operates under an unwritten constitution, with rights and protections derived from various sources, such as the European Convention on Human Rights and legal precedents. This difference in legal systems has led some commentators to call for the UK to adopt a written constitution and a specific provision like the First Amendment to protect free speech explicitly.
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English Bill of Rights
The English Bill of Rights, enacted in 1689, is an act of the Parliament of England that outlines certain fundamental civil rights and modifies the line of succession to the English Crown. It is considered a crucial statute in English constitutional law. The Bill of Rights was largely influenced by the ideas of political philosopher John Locke and set a constitutional requirement for the Crown to obtain the consent of the people as represented in Parliament.
The English Bill of Rights established parliamentary sovereignty and limited the powers of the monarch. It affirmed the rights of Parliament, including the right to hold regular parliamentary sessions, free elections, and parliamentary privilege. It also listed individual rights, such as the prohibition of cruel and unusual punishment and the right not to pay taxes levied without parliamentary approval. Additionally, it outlined and condemned the wrongdoings of James II of England.
The English Bill of Rights contains several rights that were later incorporated into the First Amendment of the United States Constitution, such as the right to petition and freedom of speech and debate for members of Parliament. The right to petition can be traced back to the Seven Bishops Case, where King James II imprisoned seven bishops for creating a petition against his declaration that sought to revoke laws against Roman Catholics. The English Bill of Rights, however, favoured Protestants and excluded "Papists" from becoming monarchs or members of Parliament.
The English Bill of Rights, along with the Act of Settlement of 1701, contributed significantly to establishing the concept of parliamentary sovereignty and limiting the monarch's powers. These documents have been instrumental in shaping the constitutional monarchy and addressing the political and religious turmoil of the 17th century in Scotland, England, and Ireland.
While the English Bill of Rights and the First Amendment both protect certain fundamental rights, they differ in their legal foundations. English law does not operate under a single written document, whereas the First Amendment is part of the US Constitution, which provides a more secure foundation for rights enforcement and protection. The US Constitution sets limits on the powers of government institutions, and any laws incompatible with it can be struck down by the courts.
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Freedom of speech
The First Amendment to the United States Constitution, which came into force in 1791, prevents Congress from making laws that infringe on several fundamental freedoms, including the freedom of speech and the freedom of the press. The precise boundaries of these freedoms have been the subject of contentious litigation over the years, with Supreme Court decisions expanding protections for various forms of political speech, anonymous speech, campaign finance, pornography, and school speech.
The concept of freedom of speech also has a long history in English law, dating back to the English Bill of Rights of 1689, which established the principle of freedom of speech within Parliament, known today as Parliamentary Privilege. While the First Amendment in the US serves as a "trump card" and a "primary value" in the Constitution, with courts striking down laws that are deemed incompatible, English law operates differently. Without a single written document like the US Constitution, the English Bill of Rights is adopted by the British Parliament, which has the power to repeal it.
The absence of a written constitution in the UK has led some to call for the adoption of a US-style First Amendment to protect free speech. For example, in the case of Guardian journalists destroying computers that stored top-secret documents leaked by Edward Snowden, Wikipedia founder Jimmy Wales advocated for a UK First Amendment to safeguard whistleblowers. However, critics argue that a US-style amendment, which generally presumes that free speech takes precedence over other rights, is incompatible with the European Convention on Human Rights, a code drafted by British lawyers.
Instead, English law and the European Convention on Human Rights require a balancing of rights, weighing free speech against reputation and privacy. This approach allows for a flexible interpretation of rights, taking into account the specific context and type of speech involved. While the US First Amendment has been used to restrict defamation laws, the European Convention's approach ensures that political speech, which is highly valued, is likely to prevail over other forms of speech, such as entertainment journalism.
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Freedom of the press
The First Amendment was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights. However, in the Thirteen Colonies, before the signing of the Declaration of Independence, newspapers and works produced by printing presses were generally subject to a series of regulations. British authorities attempted to prohibit the publication and circulation of information they did not approve of, often using charges of sedition and libel as a means of controlling printing presses. One of the earliest cases concerning freedom of the press occurred in 1734 when publisher John Peter Zenger was acquitted in a libel case brought by British governor William Cosby.
The First Amendment's protection of freedom of the press has been interpreted and applied by the Supreme Court in various cases. In 1931, the Supreme Court ruled in Near v. Minnesota that the First Amendment protected against prior restraint or pre-publication censorship. This principle was reaffirmed in 1971 in New York Times Co. v. United States. The Supreme Court has also addressed the issue of freedom of the press in cases such as Associated Press v. NLRB (1937), Houchins v. KQED (1978), and Branzburg v. Hayes (1972), where it was described as "a fundamental personal right".
The First Amendment's protection of freedom of the press has been challenged at times, such as with the Espionage Act of 1917 and the Sedition Act of 1918, which imposed restrictions on the press during wartime, and the Alien and Sedition Acts passed by the Federalist Party in 1798. These acts restricted criticism of the government and were very unpopular, leading to the party's eventual dissolution in 1824.
The interpretation and application of the First Amendment's protection of freedom of the press continue to evolve, with the Supreme Court broadening its interpretation starting in the 1920s, and the legal protection offered by the amendment stronger than ever before. The First Amendment ensures that the press can play a critical role in American society, facilitating the free flow of information and ideas.
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Right to petition
The right to petition is a fundamental principle in the First Amendment to the United States Constitution, which specifically prohibits Congress from infringing upon "the right of the people peaceably to assemble and petition the Government for a redress of grievances". This right has been interpreted and expanded over time, and is now understood to include not just petitions to the legislature, but also access to the courts and protection from retaliation for filing lawsuits.
The right to petition has its roots in English law, specifically the English Bill of Rights of 1689, which declared "That it is the Right of the Subjects to petition the King and all Commitments and Prosecutions for such Petitioning are Illegal". The English Bill of Rights, however, was adopted by the British Parliament and could be repealed by it, whereas the First Amendment is enshrined in the US Constitution and can only be changed through a difficult process of constitutional amendment.
The right to petition has been an important tool in advocating for social change in the United States. For example, in the mid-19th century, over 130,000 citizens signed and sent more than a thousand petitions to Congress calling for an end to slavery. Initially, the House of Representatives and the Senate adopted gag rules to automatically table and prohibit discussion of these petitions. However, in 1844, former president John Quincy Adams and other Representatives successfully repealed these rules, citing the Constitutional right to "petition the government for the redress of grievances".
While the right to petition is a powerful tool, it does not guarantee that the government will listen to or respond to the petitions. The Supreme Court has rejected the idea that the First Amendment requires government policymakers to act on petitions. Additionally, the right to petition has its limitations, as demonstrated in cases such as McDonald v. Smith, where the Court held that speech within a petition is still subject to defamation and libel laws.
In conclusion, the right to petition, as outlined in the First Amendment, is a crucial aspect of US citizenship, allowing people to assemble and petition the government for redress of grievances. This right has evolved from its origins in English law to become a distinct and strongly protected feature of the US political system.
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Frequently asked questions
The First Amendment to the United States Constitution was adopted on December 15, 1791. It prevents Congress from making laws that interfere with the freedom of speech, freedom of the press, freedom of assembly, and the right to petition the government for redress of grievances.
The English Bill of Rights of 1689, which is an Act of the English Parliament, contains many rights that were later included in the First Amendment. These include the right to petition and freedom of speech and debate.
No, the First Amendment is not a copy of English Law. While the English Bill of Rights influenced the First Amendment, the American Founders sought a more secure foundation by incorporating the First Amendment into a written Constitution, which cannot be changed by ordinary legislation. English law, on the other hand, does not operate under a single written document and does not have a constitutional protection of free speech.
The power of the First Amendment comes from its inclusion in the US Constitution, allowing courts to strike down incompatible laws. In contrast, English law has an "unwritten constitution," and free speech does not have the same primacy, as it must be balanced with other rights such as reputation and privacy.
Some argue that a British First Amendment, or a similar provision, is needed to protect free speech in the UK. An example is the case where journalists from The Guardian were forced to destroy computers containing leaked documents due to government threats of an injunction.
