First Amendment to the Constitution of the United States grants citizens the freedoms of religion, speech, and of the press, and the right to assemble peacefully. The amendment was the first of 10 amendments made to the Constitution as part of the Bill of Rights, which guarantee fundamental rights and freedoms to every citizen.
The First Amendment states, “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.” Although the amendment refers specifically to the U.S. Congress, the Supreme Court of the United States has held that the amendment applies to state and local governments as well.
The Bill of Rights.
The U.S. Constitution went into effect on June 21, 1788. Some states had refused to approve the Constitution unless a bill of rights was added. Supporters of the Constitution, known as Federalists, promised to support constitutional amendments that protected individual liberties against possible unjust rule by the national government. Congress proposed the first 10 amendments—the Bill of Rights—in 1789. The states ratified them in 1791.
First Amendment protections.
The First Amendment forbids Congress to set up or provide for an established church. Courts have interpreted the amendment as forbidding government endorsement of religion, requiring people to participate in religion, or discriminating against religious exercise. In addition, Congress may not pass laws limiting worship, speech, or the press, or preventing people from meeting peacefully. Congress also may not keep people from asking the government for relief from unfair treatment. All the rights protected by this amendment have limits. For example, the guarantee of freedom of religion does not mean that the government must accommodate all religious practices. The government may still regulate when and where people speak. It may prohibit speech that poses an immediate danger to the public good.
Religion.
Freedom of religion is the right of a person to believe in and practice whatever faith he or she chooses. It also includes the right of an individual to have no religious beliefs at all. Various court rulings have interpreted the First Amendment to mean that the government may not promote or give special treatment to any religion. However, church and state are not completely separated in the United States. For example, sessions of Congress open with prayers, court witnesses swear oaths on the Bible, and families may use public vouchers to pay for religious education.
Speech.
Freedom of speech—the right to speak out publicly or privately—was one of the goals of the American colonists that led to the American Revolution (1775-1783). Democratic constitutions guarantee people the right to express their opinions freely because democracy is government of, by, and for the people. The government, however, may restrict some speech considered dangerous or otherwise harmful to the public good.
The press.
Freedom of the press includes the right to publish facts, ideas, and opinions without interference from the government or from private groups. In general, the First Amendment was intended to prohibit the government from censoring a work before publication.
Press freedoms are not absolute. For example, the government may limit freedom of the press if it believes that such freedom could endanger national security or contribute to criminal activity. Laws against libel (making false or damaging statements) and invasion of privacy protect people from writings that could threaten their reputation or privacy. Laws against sedition (urging revolution) and treason work to prevent publication of material that could harm a nation’s security. Laws against obscenity are intended to protect communities from being degraded and attracting criminal activity.
Assembly.
Freedom of assembly is the right of people to gather peacefully to exchange ideas or to protest social, economic, or political conditions and demand reform. Today, most public gatherings proceed without active interference by police or other officials. However, the government can regulate the time, place, and manner of public assemblies. Sometimes law enforcement officers make arrests when political demonstrations are large or controversial, or when the demonstrations threaten to turn violent. Later, courts may be asked to determine whether the police violated the people’s right to assemble.
