The United States adopted the First Amendment to the Constitution on the 15th of December, 1791. Initially, the first amendment only applied to laws that Congress enacted. However, the Supreme Court eventually applied the first amendment to states through a process known as incorporation pursuant to the Fourteenth Amendment. The First amendment protects the right to freedom of the press, freedom of assembly, freedom of expression, right to protest and petition the government for redress, and freedom of religion. It prohibits the creation of any law that impedes or interferes with these rights. Although the law is expressly applicable only to Congress, the court has interpreted it to extend to the entire federal government.
As mentioned, there are five rights that the first amendment protects: freedom of religion, speech, press, assembly, and the right to petition. Freedom of religion or religious liberty refers to the right of people to believe, act, and speak in private or public, as individuals or as a community, in line with their understanding of the ultimate truth. It encompasses the rights of people to believe and worship as their conscience dictates. The religious liberty clauses, which protect the freedom of religion in the first amendment, are the Establishment Clause and Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion, or preferring one religion over others, thus enforcing the “separation of church and state.” The Free Exercise Clause prohibits the government from interfering with or restraining an individual's free exercise of religion.
The first amendment also broadly protects the freedom of speech and freedom of the press. Freedom of speech protects the free, uncensored, public expression of opinions without government interference or restraint. Speech may be direct, in the form of words, or symbolic in the form of actions and encompass a person's decision of what and what not to say. On the other hand, freedom of the press refers to the right of individuals to express thoughts, opinions, and ideas through publication and dissemination of these thoughts without restraint or interference from the government.
Through various 20th and 21st-century court decisions, speech rights have expanded, extending to various forms of political speech, school speech, and campaign finance. These decisions have also defined a series of clarifications of these rights. The Supreme Court recognizes that the government may need to regulate speech, and requires that it provide substantial justification where it chooses to do so. The government may need to prohibit some speech, however, that may threaten the peace or lead to violence.
The right to petition and protest refers to the people's right to seek redress or relief from the government for their grievances. It encompasses addressing grievances as well as demands for the government to exercise its powers to further the people's interests. The right to petition includes the right to communicate with government officials, lobby, and institute lawsuits in court. It includes not only court petitions but also petitions to Congress and the executive branch. This could be through appeals by the public to the government or from private interests for their personal benefit.
The right of assembly protects the right of individuals to come together for peaceful and lawful purposes and share or promote collective ideas. The right prohibits the government from denying individuals government benefits for being a current or past member of a group. It also prohibits the government from requiring groups to register or disclose their members. However, there are exceptions, such as where the court considers the government's interest in such disclosure as outweighing interference with first amendment rights. Also, the government may prevent individuals from knowingly participating in groups that engage in or promote illegal activities.
As mentioned, there are five rights that the first amendment protects: freedom of religion, speech, press, assembly, and the right to petition. Freedom of religion or religious liberty refers to the right of people to believe, act, and speak in private or public, as individuals or as a community, in line with their understanding of the ultimate truth. It encompasses the rights of people to believe and worship as their conscience dictates. The religious liberty clauses, which protect the freedom of religion in the first amendment, are the Establishment Clause and Free Exercise Clause. The Establishment Clause prohibits the government from establishing a religion, or preferring one religion over others, thus enforcing the “separation of church and state.” The Free Exercise Clause prohibits the government from interfering with or restraining an individual's free exercise of religion.
The first amendment also broadly protects the freedom of speech and freedom of the press. Freedom of speech protects the free, uncensored, public expression of opinions without government interference or restraint. Speech may be direct, in the form of words, or symbolic in the form of actions and encompass a person's decision of what and what not to say. On the other hand, freedom of the press refers to the right of individuals to express thoughts, opinions, and ideas through publication and dissemination of these thoughts without restraint or interference from the government.
Through various 20th and 21st-century court decisions, speech rights have expanded, extending to various forms of political speech, school speech, and campaign finance. These decisions have also defined a series of clarifications of these rights. The Supreme Court recognizes that the government may need to regulate speech, and requires that it provide substantial justification where it chooses to do so. The government may need to prohibit some speech, however, that may threaten the peace or lead to violence.
The right to petition and protest refers to the people's right to seek redress or relief from the government for their grievances. It encompasses addressing grievances as well as demands for the government to exercise its powers to further the people's interests. The right to petition includes the right to communicate with government officials, lobby, and institute lawsuits in court. It includes not only court petitions but also petitions to Congress and the executive branch. This could be through appeals by the public to the government or from private interests for their personal benefit.
The right of assembly protects the right of individuals to come together for peaceful and lawful purposes and share or promote collective ideas. The right prohibits the government from denying individuals government benefits for being a current or past member of a group. It also prohibits the government from requiring groups to register or disclose their members. However, there are exceptions, such as where the court considers the government's interest in such disclosure as outweighing interference with first amendment rights. Also, the government may prevent individuals from knowingly participating in groups that engage in or promote illegal activities.
