The First Amendment to the US Constitution
Freedoms of Religion, Speech, Press and Assembly
Jun 5, 2009
The US Constitution, which went into effect in 1789, enumerated the powers of the federal government. The Bill of Rights, ratified in 1791 limited those powers.
The First Amendment to the US Constitution
“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.”
Note that the First Amendment does not actually grant rights, but rather says “Congress shall make no law..." restricting certain rights.
Freedom of Religion
Many original colonists came to America to escape religious persecution in England and elsewhere. The First Amendment indicates that there can be no officially sanctioned government religion, nor can there be a prohibition on the exercise of a specific religion.
This makes the United States different from many nations around the globe. There is an official religion in England (Anglican). There are many countries that are founded upon a specific religion (Muslim theocracy). There remain communist countries such as China and Cuba, where the practice of religion in any form is severely restricted.
Thomas Jefferson felt that among the greatest blessings of America: "among the inestimable of our blessings, also, is that ...of liberty to worship our Creator in the way we think most agreeable to His will; ..."
Freedom of Speech
Freedom of speech has evolved into a more general concept of freedom of expression. Congress may not limit the manner in which individuals may express themselves. This is not only in regards to the written and spoken word, but also by symbolic means such as art and music or demonstratively such as the wearing of symbols such as armbands to denote opposition to a war.
Freedom of speech is not without its limitations. The Supreme Court has indicated that Congress may not limit speech when it comes to expressing political thoughts and ideas. It does not mean that all speech is constitutionally protected.
The best example of unprotected speech is if someone were to falsely yell “fire” in a crowded theater. Also, there can be government sanctions for false speech when it pertains to the concepts of defamation or libel. In essence someone may not be punished for speech that is either truthful or expresses and opinion.
Freedom of the Press
In 1789 the press was largely newspaper and books. There were printed words distributing news and opinion among the population. This was largely the case for nearly 100 years until electronic means of communication became accessible to the general population. Among the best examples of how the Constitution evolves yet maintains its principles is how the concept of freedom of the press has been fitted to the multitude of communications media now in existence.
Radio, television and the internet have come to be covered by the First Amendment. This has not been without ongoing struggles. Even today, a concept known as the “Fairness Doctrine” remains in debate about whether government can control communications through electronic media.
The First Amendment’s clause regarding the press has given rise to some important concepts including a reporter’s privilege to protect his sources, and specific limitations on the government’s ability to restrain someone from publishing material prior to the publication. This is known as the ban on “prior restraint”.
Freedom of Assembly
The government may not limit the gathering of people to conduct peaceable meetings, generally when the meeting is convened for any lawful purpose. The Supreme Court has held that there may be reasonable restrictions as to “time, place and manner” regarding such meetings, such as permits or fees as long as such restrictions do not act to actually prohibit a gathering.
Freedom of Expression
Taken together, the First Amendment’s limits on government action provide Americans with the most liberal Freedom of Expression anywhere in the world.
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