AMENDMENT I

Freedom of Religion, Press, Expression, Right of People to Assemble and Petition

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The text of the 1st amendment reads as follows:

"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."

The First Amendment to the United States Constitution is a part of the United States Bill of Rights. It prohibits the federal legislature from making laws that establish religion (the "Establishment Clause") or prohibit free exercise of religion (the "Free Exercise Clause"), laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievances.

Although the First Amendment explicitly prohibits only the named rights from being abridged by laws made by Congress, the courts have interpreted it as applying more broadly. As the first sentence in the body of the Constitution reserves all law-making ("legislative") authority to Congress, the courts have held that the First Amendment's terms also extend to the executive and judicial branches. Additionally, in the 20th century the Supreme Court has held that the Due Process clause of the 1868 Fourteenth Amendment "incorporates" the limitations of the First Amendment to restrict also the states.

Notes:  In my opinion, the First Amendment is the single most important part of the Constitution. It protects some of the most basic human rights and reflects a view of the dangerous places government might tread.

The ability to speak your mind is a right that Americans take for granted. Imagine being too frightened by the possible consequences of speaking out to actually do so. Your opinion would not matter - even your vote would be corrupted. Even as important is the right to petition your government - not only can you have an opinion about your government, the government must listen to you (though it need not heed you - but that's what elections are for).

Some of the first colonists of the nation for which the Constitution was written had been seeking to escape religious persecution. The constitutions of several of the states prohibited public support of religion (though some did explicitly support or demand adherence to Christianity). Above all, the many varying sects of Christianity in America required that to be fair to all, there could be preference to none. It would have been disgraceful for anyone to wish to leave the United States because of religious persecution. So the authors decided it best to keep the government out of religion. This is not to say that the United States was not or is not a religious nation. Religion plays a big role in the everyday life of Americans, then and now. But what the authors were striving for is tolerance... something I fear contemporary Americans are lacking.

As for the press, the authors regarded a free press as almost a fourth branch of government, constantly keeping tabs on the government's activities and actions. Though today's tabloid papers and television might give one pause, this kind of trash is a small price to pay to ensure that any news organization can rest assured that it can report freely on the activities of the government. Many other organizations in other nations have to worry about toeing the state's line or be shut down. How objective do you think a reporter can be when his life could be ended because of a critical story?

Ratified:  December 15, 1791

Freedom of Expression

It is often said that one of the rights protected by the 1st Amendment is the freedom of expression. This site, in fact, uses that term in its quick description of the amendment: "Freedom of Religion, Press, Expression." But "expression" is not used in the amendment at all. This term has come to be used as a shorthand, a term of art, for three of the freedoms that are explicitly protected: speech, petition, and assembly. While the use of "freedom of expression" is ubiquitous in this area of 1st Amendment study, it is important to note exactly what "freedom of expression" refers to - let this be such a note.

(Absolute) Freedom of Speech and Press

The Constitution does protect the freedom of speech of every citizen, and even of non-citizens — but only from restriction by the Congress (and, by virtue of the 14th Amendment, by state legislatures, too). There are plenty of other places where you could speak but where speech can and is suppressed. For example, freedom of speech can be and often is restricted in a work place, for example: employers can restrict your right to speak in the work place about politics, about religion, about legal issues, even about any topic they want to. The same restrictions that apply to the government do not apply to private persons, employers, or establishments. For another example, the government could not prohibit the sale of any newspaper lest it breech the freedom of the press. No newsstand, however, must carry every paper against its owners' wishes.

Freedom of Religion:  Topic - Freedom of Religion

Free Speech and Press:  Topic - Free Speech and Press

Rights of People to Assemble:  Topic - Right of People to Assemble and Petition the Government

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