Gavin Howe
The First Amendment of the United States Constitution protects the right to freedom of religion, expression, assembly, and the right to petition. It prohibits the government from establishing a national religion or impeding religious practice, abridging freedom of speech or the press, and interfering with the right to assemble peaceably. The Supreme Court has interpreted the First Amendment as applying to the entire federal government, and the Due Process Clause of the Fourteenth Amendment protects these rights from interference by state governments. The First Amendment has been at the centre of numerous significant court decisions, including United States v. Alvarez (2012), where the Supreme Court ruled that the First Amendment prevents the government from punishing people for making false claims about military service if there was no fraud involved.
| Characteristics | Values |
|---|---|
| Freedom of religion | The government cannot pass legislation to establish an official religion or prefer one religion over another. |
| Freedom of expression | The right to freedom of speech, press, and publication of information and opinions. |
| Freedom of assembly | The right to assemble for peaceful and lawful purposes. |
| Freedom of association | The right to associate for First Amendment purposes. |
| Right to petition | The right to petition the government for a redress of grievances. |
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What You'll Learn
Freedom of religion
The First Amendment of the United States Constitution, passed by Congress on September 25, 1789, and ratified on December 15, 1791, protects the right to freedom of religion and freedom of expression from government interference. It contains two provisions concerning religion: the Establishment Clause and the Free Exercise Clause.
The Establishment Clause prohibits the government from establishing an official religion or preferring one religion over another, thus enforcing the "separation of church and state." While this clause prohibits state-sponsored churches, some governmental activity related to religion has been deemed constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and enforcing "blue laws" do not violate the Establishment Clause.
The Free Exercise Clause protects citizens' right to practice their religion without interference from the government. However, this right is not absolute and is limited by "public morals" and "compelling" governmental interests. In other words, religious freedom must be subordinate to the criminal laws of the country. For instance, in Cantwell v. Connecticut (1940), the Court held that while the right to hold religious beliefs is absolute, the freedom to act on those beliefs is not.
The First Amendment also protects the freedom of speech, freedom of the press, and the right to peaceably assemble and petition the government for redress of grievances. These rights are fundamental to the American founding and the ordering of human society, and the Supreme Court interprets the extent of their protection. While the First Amendment applies only to state actors, it has been interpreted as applying to the entire federal government, and the Due Process Clause of the Fourteenth Amendment further protects these rights from interference by state governments.
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Freedom of expression
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 religious practice, or restricting the freedom of speech and press. The First Amendment guarantees freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. This includes the right to impart and receive information and ideas, regardless of their social worth.
The First Amendment has been interpreted by the Court as applying to the entire federal government, not just Congress. The Due Process Clause of the Fourteenth Amendment further protects the rights outlined in the First Amendment from interference by state governments.
Freedom of speech may be exercised through words or symbolic actions and is recognised as a human right. Speech rights have been expanded over time to protect various forms of political speech, anonymous speech, campaign finance, pornography, and school speech. Commercial speech is subject to greater regulation and is less protected than political speech. The First Amendment also protects against pre-publication censorship.
The right to freedom of association and belief is implicit in the First Amendment, allowing people to gather for peaceful and lawful purposes. However, the government may prohibit people from associating with groups that engage in and promote illegal activities.
The First Amendment also protects individuals from punishment for making false claims about military service or honours, unless those claims were made to obtain money or other valuable considerations. It also protects employees from discipline or termination for constitutionally protected speech on matters of public concern.
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Freedom of speech
The First Amendment of the United States Constitution protects the right to freedom of speech. It states that "Congress shall make no law...abridging the freedom of speech". This means that the government may not jail, fine, or impose civil liability on people or organisations based on what they say or write, except in exceptional circumstances. The Supreme Court interprets the extent of the protection afforded to these rights.
The right to freedom of speech allows individuals to express themselves without government interference or regulation. This includes the right to not speak, for example, the right not to salute the flag. The Supreme Court requires the government to provide substantial justification for interference with the right of free speech when it attempts to regulate the content of the speech. Generally, a person cannot be held liable, either criminally or civilly, for anything written or spoken about a person or topic, as long as it is truthful or based on an honest opinion. However, the Supreme Court has also recognised that the government may prohibit some speech that may cause a breach of the peace or violence.
The First Amendment protects against prior restraint and pre-publication censorship. It also protects the right to freedom of the press, allowing individuals to express themselves through publication and dissemination. This does not afford members of the media any special rights or privileges not afforded to individuals in general. The Supreme Court has interpreted "speech" and "press" broadly, covering not only talking, writing, and printing but also broadcasting, using the internet, and other forms of expression.
The freedom of speech also applies to symbolic expression, such as displaying flags, burning flags, wearing armbands, burning crosses, and the like. The Supreme Court has held that restrictions on speech because of its content, when the government targets the speaker's message, generally violate the First Amendment. Laws that prohibit people from criticising a war, opposing abortion, or advocating high taxes are examples of unconstitutional content-based restrictions. Content-neutral restrictions, such as restrictions on noise, blocking traffic, and large signs, are generally constitutional as long as they are "reasonable".
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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 guarantees freedom of expression by prohibiting Congress from restricting the press or infringing upon the rights of individuals to speak freely. The First Amendment has been interpreted by the Court as applying to the entire federal government, even though it is only expressly applicable to Congress.
The Free Press Clause protects the publication of information and opinions and applies to a wide variety of media. This includes the right to publish without pre-publication censorship, as well as the right to distribute and receive information and ideas, regardless of their social worth. The Supreme Court has ruled that the First Amendment protects against prior restraint in almost all cases.
The First Amendment also guarantees the freedom of speech, which is closely related to freedom of the press. This includes the right to speak anonymously and to engage in symbolic speech through actions. Speech rights have been expanded by a series of 20th- and 21st-century court decisions, which have also defined the limits of these rights. For example, the Supreme Court has ruled that the government may not punish people for making false claims about military service unless those claims were made to secure money or other valuable considerations.
The right to freedom of association is also implicit in the First Amendment, as recognised by the Supreme Court. This includes the right to assemble for peaceful and lawful purposes, such as petitioning the government. However, the government may prohibit people from associating with groups that engage in and promote illegal activities.
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Right to assemble
The First Amendment of the United States Constitution protects the right to freedom of religion and expression from government interference. It also protects the right to peaceably assemble and express views through protest. This includes the right to gather together on streets and in parks for meetings, speeches, parades, protest marches, picketing, and demonstrations.
The right to assemble is a fundamental building block for a well-functioning democracy. The Supreme Court has recognised that the right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments. The First Amendment also protects the right to associate, which prohibits the government from requiring a group to register or disclose its members, or from denying government benefits based on an individual's membership in a particular group.
However, the right to assemble is not absolute. Police and other government officials are allowed to place certain restrictions on the exercise of speech rights. For example, permits may be required for certain types of events, such as marches or parades that block traffic or require street closures, or large rallies that use sound amplification equipment. While the First Amendment protects the right to assemble, the Supreme Court has also recognised that the government may prohibit some speech that may cause a breach of the peace or cause violence.
Protesters have the right to speak out on public property, like plazas in front of government buildings, as long as they are not blocking access or interfering with other purposes the property was designed for. Private property owners can set rules for speech on their property. Protesters should also be aware of their rights when it comes to photography and videotaping, as there are important legal distinctions between visual and audio recordings. It is important to remain calm and not physically resist a police officer, even if you believe your rights are being violated.
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Frequently asked questions
The First Amendment protects the right to freedom of religion, expression, assembly, and the right to petition.
The First Amendment prohibits the government from establishing a national religion and impeding the free exercise of religion. It also forbids Congress from promoting one religion over others.
While the First Amendment protects freedom of speech, it does not provide absolute protection. Speech that is defamatory, obscene, or constitutes libel or slander may be restricted and subject to legal consequences. Additionally, commercial speech receives less protection than political speech.
No, the First Amendment specifically applies to state actors and Congress. However, there is a common misconception that it prohibits all entities, including private organisations, from limiting free speech.
In certain cases, yes. In United States v. Alvarez (2012), the Supreme Court ruled that the First Amendment protects individuals from government punishment for making false claims about military service, unless those claims are made to gain a benefit.
