What Are Our First Amendment Rights?
Provided by HG.org
Considered by many to be the most important rights established by the United States Constitution, the First Amendment rights cover some of the most fundamental freedoms Americans enjoy. They include free speech, press, religion, petition, and assembly. These rights are fiercely protected but also not without limitation.
Speech
The First Amendment says that people have the right to speak freely without government interference. This includes the right to say things that are critical of the government, other people, or organizations or groups of people. It also includes written statements, like letters, things posted on websites, advertisements, etc. In other words, the First Amendment protects our right to say or write just about anything we want about anybody or anything.
But, as noted, it is not without limitation. If the statement is untrue, such that it is defamatory and hurts a person's reputation, it may be considered slander or libel and give rise to a lawsuit. If the statement causes someone to take action resulting in an injury, the person who made the statement may have liability to the person who relied on the statement or, if the statement roused someone to violence, to the victim of the violence.
Press
The First Amendment gives the press the right to publish news, information, and opinions without government interference. This also means people have the right to publish their own newspapers, newsletters, magazines, etc. This is also cited as one of the most important aspects of this fundamental right, as it protects the right of the press to say things that are critical of the government and act, as some have called it, as the “fourth branch of government.” Of course, the press is subject to the same general limitations and liabilities as the rest of us, in that untrue statements and those that result in injury can create a basis for liability.
Religion
The First Amendment prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference. Unfortunately, many Americans seem to believe this only applies to various denominations of Christianity. It does not. It applies to any religion or no religion at all. Thus, Muslims, Buddhists, Hindus, and Atheists are all protected by the First Amendment just as Christians are. Thus, anyone may observe any faith they wish, or none at all, and the government cannot prevent that or force them into another.
This is also one of the rights that has been more systemically eroded than any other. Think about all of the tax benefits enjoyed by religious institutions, the “blue” laws that exist in many jurisdictions and are directly related to one particular religion, or the various ways governments targeted Muslims in the wake of the 9/11 terrorist attacks. Though often neglected, this is one aspect of the First Amendment that has seen, and likely will see, a significant amount of litigation.
Petition
The First Amendment says that people have the right to appeal to government in favor of or against policies that affect them or that they feel strongly about. This freedom includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation. The Obama administration has recently taken this right to a new level, allowing people to propose government initiatives through a website, and making response to the most popular suggestions.
Assembly
The First Amendment says that people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can join and associate with groups and organizations without interference. This is another right that has been challenged on many occasions. Remember the protesters peacefully assembling and being attacked by dogs and hoses during the civil rights movement. However, this right is guaranteed by the U.S. Constitution, and those actions constituted a fundamental denial of the protesters' civil rights.
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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The First Amendment says that people have the right to speak freely without government interference. This includes the right to say things that are critical of the government, other people, or organizations or groups of people. It also includes written statements, like letters, things posted on websites, advertisements, etc. In other words, the First Amendment protects our right to say or write just about anything we want about anybody or anything.
But, as noted, it is not without limitation. If the statement is untrue, such that it is defamatory and hurts a person's reputation, it may be considered slander or libel and give rise to a lawsuit. If the statement causes someone to take action resulting in an injury, the person who made the statement may have liability to the person who relied on the statement or, if the statement roused someone to violence, to the victim of the violence.
Press
The First Amendment gives the press the right to publish news, information, and opinions without government interference. This also means people have the right to publish their own newspapers, newsletters, magazines, etc. This is also cited as one of the most important aspects of this fundamental right, as it protects the right of the press to say things that are critical of the government and act, as some have called it, as the “fourth branch of government.” Of course, the press is subject to the same general limitations and liabilities as the rest of us, in that untrue statements and those that result in injury can create a basis for liability.
Religion
The First Amendment prohibits government from establishing a religion and protects each person's right to practice (or not practice) any faith without government interference. Unfortunately, many Americans seem to believe this only applies to various denominations of Christianity. It does not. It applies to any religion or no religion at all. Thus, Muslims, Buddhists, Hindus, and Atheists are all protected by the First Amendment just as Christians are. Thus, anyone may observe any faith they wish, or none at all, and the government cannot prevent that or force them into another.
This is also one of the rights that has been more systemically eroded than any other. Think about all of the tax benefits enjoyed by religious institutions, the “blue” laws that exist in many jurisdictions and are directly related to one particular religion, or the various ways governments targeted Muslims in the wake of the 9/11 terrorist attacks. Though often neglected, this is one aspect of the First Amendment that has seen, and likely will see, a significant amount of litigation.
Petition
The First Amendment says that people have the right to appeal to government in favor of or against policies that affect them or that they feel strongly about. This freedom includes the right to gather signatures in support of a cause and to lobby legislative bodies for or against legislation. The Obama administration has recently taken this right to a new level, allowing people to propose government initiatives through a website, and making response to the most popular suggestions.
Assembly
The First Amendment says that people have the right to gather in public to march, protest, demonstrate, carry signs and otherwise express their views in a nonviolent way. It also means people can join and associate with groups and organizations without interference. This is another right that has been challenged on many occasions. Remember the protesters peacefully assembling and being attacked by dogs and hoses during the civil rights movement. However, this right is guaranteed by the U.S. Constitution, and those actions constituted a fundamental denial of the protesters' civil rights.
Copyright HG.org - Google+
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
