Kara Sears
The First Amendment to the United States Constitution guarantees US citizens the right to freedom of religion, speech, and expression, as well as freedom of the press, the right to assemble, and the right to petition the government. The Supreme Court interprets the extent of these protections, and while the First Amendment was initially only applied to federal laws, it has been applied to state laws since 1925. Several laws have been deemed infringements on these rights, including a state law banning the distribution of anonymous campaign literature, which was struck down by the Supreme Court in McIntyre v. Ohio Election Commission (1995). Another example is the case of Everson v. Board of Education (1947), where the Court cited Thomas Jefferson's call for a wall of separation between church and State.
| Characteristics | Values |
|---|---|
| Laws that establish a national religion | Prohibited |
| Impeding the free exercise of religion | Prohibited |
| Abridging the freedom of speech | Prohibited |
| Infringing upon the freedom of the press | Prohibited |
| Interfering with the right to peaceably assemble | Prohibited |
| Prohibiting people from petitioning for a governmental redress of grievances | Prohibited |
| Requiring a group to register or disclose its members | Prohibited |
| Denying government benefits based on group membership | Prohibited |
| Compelling individuals to express themselves | Prohibited |
| Compelling individuals to hold certain beliefs | Prohibited |
| Compelling individuals to belong to particular associations or groups | Prohibited |
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What You'll Learn
Anonymous campaign literature
The First Amendment of the United States Constitution protects the right to freedom of religion and expression from government interference. It prohibits laws that impede the free exercise of religion, abridge freedom of speech, infringe upon freedom of the press, or interfere with the right to peaceably assemble.
Anonymous speech is protected by the First Amendment and is considered a crucial tool for protecting dissident or minority voices. The Supreme Court has protected anonymity under the First Amendment, but it balances this protection with competing interests, especially in the area of political activity. The First Amendment has also been interpreted as applying to the entire federal government, even though it is only expressly applicable to Congress.
In the 1995 case of McIntyre v. Ohio Elections Commission, the Supreme Court struck down an Ohio statute that prohibited the distribution of anonymous campaign literature. The Court emphasized the long tradition of anonymous and pseudonymous political and literary speech, recognizing the right to exercise First Amendment rights anonymously as an "honorable tradition of advocacy and dissent." This case set a precedent for protecting anonymous speech, even when it may produce imperfect outcomes. Anonymity can serve as a shield from the tyranny of the majority, protecting unpopular individuals from retaliation and their ideas from suppression by an intolerant society.
However, the right to anonymity is not absolute. Lower courts have generally recognized anonymity rights in speech, especially for statements of opinion rather than obvious falsehoods. Yet, the government may seek to identify anonymous speakers in cases of fraud, defamation, national security, or to provide information to the public and discourage corruption. For example, in Cahill v. Doe, the court recognized the government's right to identify anonymous speakers who used their platforms for harassment, slander, or to allow foreign influence in U.S. elections.
The rise of the internet has further complicated the issue of anonymous speech, with many individuals using pseudonyms for political discourse online. While artificial intelligence has made it possible to create deepfake images and videos that are hard to distinguish from reality, the fundamental right to speak anonymously remains a core aspect of free expression in American society.
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Purchasing books anonymously
The First Amendment of the United States Constitution protects the right to freedom of religion and expression from government interference. It includes the right to freedom of speech, freedom of the press, and the right to peaceably assemble and petition the government for a redress of grievances. The First Amendment implicitly grants individuals the freedom to read what they choose and protects their right to read in privacy. This means that individuals have the right to purchase books anonymously.
The right to read anonymously is also protected by the Fourth Amendment, which prohibits unreasonable search and seizure and specifically protects "papers". In the digital age, this protection extends to electronic documents and downloads. Libraries generally protect the privacy of patrons' reading choices, but most commercial enterprises will retain purchasing records for their commercial value.
The American Library Association (ALA) has long championed the freedom to read and collects resources about the First Amendment, censorship, academic freedom, and freedom of information. The ALA's Office for Intellectual Freedom provides guidance on safeguarding intellectual freedom related to library displays, programming, and other librarian-created content. The ALA's website also provides summaries of notable First Amendment court cases involving the freedom to read.
One such case is Tattered Cover, Inc. v. City of Thornton, where the Colorado Supreme Court reversed a lower court decision that required a bookstore to turn over information about books purchased by one of its customers. The case involved the discovery of two books on manufacturing amphetamines in a suspect's residence, along with a Tattered Cover mailer found in the garbage. The higher court's decision protected the customer's right to purchase books anonymously and free from governmental interference.
Another example is McIntyre v. Ohio Election Commission, where the Supreme Court struck down a state law banning the distribution of anonymous campaign literature. The Court emphasised the long tradition of anonymous and pseudonymous political and literary speech, recognising the right to exercise First Amendment rights anonymously as an "honourable tradition of advocacy and dissent." These cases illustrate the legal precedent for protecting individuals' rights to purchase books anonymously under the First Amendment.
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Obscene literature
The First Amendment of the United States Constitution protects the right to freedom of religion and expression, including freedom of speech and the press, from government interference. However, the Supreme Court has determined that this protection does not extend to obscenity, which falls under certain categories of speech that are not protected by the First Amendment.
Obscenity is a category of sexually explicit expression that deals with a morbid or shameful interest in sex, depicting sexual matters in a patently offensive way, and lacking any serious literary, artistic, political, or scientific value. The Supreme Court has struggled to arrive at a precise definition of obscenity, but it is generally understood to be material that is utterly without social importance.
In 1957, the Supreme Court delivered its first opinion on obscenity in Butler v. Michigan, where it unanimously invalidated a state statute criminalizing the general distribution of materials inappropriate for minors. The Court held that restricting access to material suitable only for adults unconstitutionally burdens the First Amendment rights of adults. As such, restrictions on material inappropriate for minors but not obscene for adults would only be upheld if they were narrowly tailored.
The Court has also clarified that sex and obscenity are not the same. Depictions of sex within scientific, artistic, or literary contexts do not automatically render material obscene and prevent First Amendment protection. For example, in Tattered Cover, Inc. v. City of Thornton, the Colorado Supreme Court reversed a lower court decision that required a bookstore to turn over information about books purchased by a customer during an investigation. The Court recognized the right to purchase books anonymously, free from government interference, under both the First Amendment and the Colorado Constitution.
Obscenity laws remain controversial, as critics argue that obscenity is subjective and can vary between communities. The Miller test, which remains the dominant test in obscenity law, determines obscenity based on contemporary community standards rather than a national standard.
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Sexual explicitness
The First Amendment protects pornography, defined as any erotic material, but does not protect two types of pornography: obscenity and child pornography. The Supreme Court has created a three-part test, known as the Miller test, to determine whether a work is obscene. Pornography that is not obscene may be regulated as to the time, place, and manner of its distribution, particularly to keep it from children.
The First Amendment also protects sexually explicit material, which may be "devoid of any ideological content". However, the line between sexually explicit material protected by the First Amendment and unprotected obscene matter is established by a body of case law. For example, in Butler v. Michigan, the Supreme Court invalidated a state statute criminalizing the general distribution of materials inappropriate for minors, as limiting adult access to only material suitable for minors unconstitutionally burdens adults' First Amendment rights.
In Fort Wayne Books, Inc. v. Indiana, the Court held that the state's use of RICO laws to restrict the distribution of sexually explicit material violated the First Amendment freedoms of speech and the press. It also stated that the pre-trial seizure of materials allowed by the RICO laws functioned as an unconstitutional prior restraint on speech.
In Jacobellis v. Ohio, the Court reversed a movie theater manager's conviction for possessing and showing a film with one sexually explicit scene. The Court utilized the Roth test, concluding that the film was not legally obscene when considered in its entirety. It also held that obscenity should be based on a national community standard rather than a local one.
In Miller v. California, the Supreme Court wrote that to determine if a given material is obscene, factfinders must consider: whether the average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest; whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law; and whether the work, taken as a whole, lacks serious literary, artistic, political or scientific value.
In New York v. Ferber, the U.S. Supreme Court held that child pornography does not have to be found legally obscene to be prohibited. The Court balanced an adult's right to enjoy sexually explicit material against the state interest in protecting children, finding the latter more significant. The Court also held that child pornography produced without using an actual minor is protected by the First Amendment if not found to be obscene.
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Peaceful assembly
The First Amendment of the U.S. Constitution guarantees the right of the people to peaceably assemble and to petition the government for a redress of grievances. This right to peaceable assembly is deeply rooted in the history of the United States and has been affirmed by the Supreme Court as one of the attributes of citizenship under a free government.
The right to peaceable assembly protects the freedom to gather for meetings, speeches, parades, protest marches, picketing, and demonstrations. It is considered "cognate" to the rights of free speech and a free press, and is equally fundamental. This means that while individuals have the right to assemble and express their views, this right does not extend to disrupting others or breaking the law.
While the Supreme Court recognizes the right to assemble, it also grants the police and government officials the authority to regulate public assemblies to maintain order. This includes requiring permits, imposing restrictions on routes and sound equipment, and ensuring that competing groups do not occupy the same space simultaneously. However, these regulations must not infringe on the right to assemble and express views.
The right to assemble has been challenged and affirmed in several court cases. In DeJonge v. Oregon (1937), the Court removed the Cruikshank limitation on First Amendment protections for the right to assemble, emphasizing that assembling for lawful discussion cannot be criminalized. In Thomas v. Collins (1945), the Court struck down a Texas law prohibiting unions from soliciting new members without a permit, further protecting the rights of assembly and free speech.
In conclusion, the right to peaceable assembly, as protected by the First Amendment, is a fundamental aspect of a free society. While it may be regulated to maintain order, the right to assemble and express views through protest is a cornerstone of democratic ideals.
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Frequently asked questions
The First Amendment to the United States Constitution protects the right to freedom of religion and expression from government interference. It prohibits laws that establish a national religion, impede religious practice, abridge freedom of speech, infringe upon freedom of the press, or interfere with the right to assemble or petition the government.
The Supreme Court has interpreted the First Amendment as applying to the entire federal government and has used the Fourteenth Amendment to protect these rights from interference by state governments. The Court has also clarified that the First Amendment does not afford special rights to the media and that it does not include a right of social association.
In McIntyre v. Ohio Election Commission (1995), the Supreme Court struck down a state law banning the distribution of anonymous campaign literature, recognising the right to anonymous political speech. In Everson v. Board of Education (1947), the Court cited Thomas Jefferson's call for "a wall of separation between church and State", emphasising the freedom to exercise religious beliefs without government interference. Additionally, in Butler v. Michigan (1957), the Court overturned a conviction for selling obscene literature, striking down a law that restricted access to certain books. In another case, National Endowment for the Arts, et al. v. Finley, et al. (1998), the Court opposed the NEA's governing statute amendment, which required consideration of "decency" and "respect" for American "values" when selecting grant recipients, as it infringed on artistic freedom.
