First Amendment




The First Amendment to the U.S. Constitution is arguably one of the most important laws in America. It prohibits the enactment of any laws respecting the establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing upon the freedom of the press, interfering with the right to peaceably assemble, or prohibiting citizens from petitioning for a governmental redress of grievances. It was adopted into the U.S. Constitution as a part of the first ten amendments, known as the “Bill of Rights” in 1791.

Freedom of Speech / Freedom of the Press

Today the First Amendment is almost synonymous in the minds of Americans with the freedom of speech and free press. The right to speak and write freely on virtually any topic is a right that has been fiercely protected by both the U.S. Supreme Court and the citizens as a whole. As a general rule, a person can say or write virtually anything about any person or topic, so long as it is truthful or based on an honest opinion, and cannot be held liable, either criminally or civilly for such statements.

Certain types of speech are more readily protected than others. For example, commercial speech is heavily regulated because of the public interest in preventing false or misleading advertising, but political speech, or statements critical of the government, is one of the most strongly protected because of the interest in allowing differing, possibly unpopular opinions to be voiced. Artistic expression is also frequently protected under the First Amendment as a form of free speech or free press, which has led to a broad body of case law on topics such as obscenity and public indecency.

One area in which free speech is restricted is in the situation of defamatory speech. While one has an almost unfettered right to say or publish anything which is truthful or based on an honest opinion, one cannot spread false statements about another person or entity. Doing so may constitute some form of defamation (slander if spoken, libel if printed). Just as certain forms of speech are more protected by the type of speech they relate to, so too are certain types of statements more prone to being construed as defamatory. For example, a negative opinion expressed about a competitor's product or service is less likely to be considered free speech and more likely to be viewed as defamatory than an equally negative opinion about a politician's foreign policy.

Freedom of Religion

Freedom of religion prevents the government from either establishing a state religion or prohibiting anyone from practicing any particular religion. This is also a heavily protected right in the American system of government and jurisprudence, although it frequently comes under political attack as the winds of public opinion shift. Fortunately, as a constitutional amendment, this fundamental right is not easily altered, meaning that faiths which were once viewed unfavorably (such as Catholicism during the time of Irish and Italian immigration surges) have been able to survive and flourish. A recent example was the backlash against Islam in a post-9/11 America, where many sought to bar the practice of the faith or construction of masques in certain areas. Fortunately, these efforts were thwarted by the First Amendment, and Muslims remain free to exercise their faith in the United States.

Right to Assemble / Right to Petition

The right to assemble allows for groups to gather peacefully. This may seem an exceedingly simple right at first blush, but is used to protect things like demonstration rallies and meetings to discuss whatever topic a group wishes. For example, this right came under fire during the civil rights movement and communist scares of the mid-20th century, when government powers wished to prevent protests or meetings of groups interested in discussing what was considered, at the time, a dangerous and hostile political philosophy. Ultimately, these rights were protected and the world changed.

Similarly, the right to petition prevents the government from setting its own agenda and ignoring the public will. During the pre-civil war era, Congress attempted to pass a rule prohibiting the discussion of emancipation. This rule was later overturned by Congress.

Conclusion

The First Amendment to the U.S. Constitution is one of the most important sources of law in the United States. For more information on this area of the law, please review the materials found below. If you have a specific issue or question requiring the assistance of a legal professional, please visit our Law Firms page for a list of attorneys in your area who can be of assistance.

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First Amendment Law - US

  • Bill of Rights

    During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.

  • Establishment Clause

    Two clauses of the First Amendment concern the relationship of government to religion: the Establishment Clause and the Free Exercise Clause. Although the clauses were intended by the framers to serve common values, there is some tension between the two. For example, some people might suggest that providing a military chaplain for troops stationed overseas violates the Establishment Clause, while others might suggest that failing to provide a chaplain violates the Free Exercise Clause rights of the same troops. We will, however, postpone discussion of how the two clauses ought to be reconciled, and begin with an examination of the meaning of the Establishment Clause.

  • Free Exercise of Religion

    Supreme Court interpretation of the Free Exercise Clause has come full circle. From its narrow reading of the clause in 1878 in Reynolds, to its much broader reading of the clause in the Warren and Burger Court years, the Court returned to its narrow interpretation in the controversial 1990 case of Employment Division of Oregon v Smith. The story of this circular migration is an interesting one, and may provide lessons for other areas of constitutional interpretation.

  • Freedom of Speech

    Among other cherished values, the First Amendment protects freedom of speech. The U.S. Supreme Court often has struggled to determine what exactly constitutes protected speech. The following are examples of speech, both direct (words) and symbolic (actions), that the Court has decided are either entitled to First Amendment protections, or not. The First Amendment states, in relevant part, that: “Congress shall make no law...abridging freedom of speech.”

  • The First Amendment

    Madison’s original proposal for a bill of rights provision concerning religion read: “The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretence, infringed.”1 The language was altered in the House to read: “Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.

  • The First Amendment - Definition

    The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. The Establishment Clause of the First Amendment has been interpreted by the Supreme Court as erecting a separation of church and state.

Organizations Related to the First Amendment Law

  • American Civil Liberties Union

    The ACLU is our nation's guardian of liberty, working daily in courts, legislatures and communities to defend and preserve the individual rights and liberties that the Constitution and laws of the United States guarantee everyone in this country.

  • Center for Democracy and Technology

    The Center for Democracy and Technology is a non-profit public interest organization working to keep the Internet open, innovative, and free. As a civil liberties group with expertise in law, technology, and policy, CDT works to enhance free expression and privacy in communications technologies by finding practical and innovative solutions to public policy challenges while protecting civil liberties. CDT is dedicated to building consensus among all parties interested in the future of the Internet and other new communications media.

  • Commission on International Religious Freedom (USCIRF)

    USCIRF is an independent, bipartisan U.S. federal government commission. USCIRF Commissioners are appointed by the President and the leadership of both political parties in the Senate and the House of Representatives. USCIRF's principal responsibilities are to review the facts and circumstances of violations of religious freedom internationally and to make policy recommendations to the President, the Secretary of State and Congress.

  • First Amendment Center

    Welcome to the First Amendment Center’s Web site, featuring comprehensive research coverage of key First Amendment issues and topics, daily First Amendment news, commentary and analyses by respected legal specialists, and a First Amendment Library of legal cases and related materials.

  • Freedom Forum

    The Freedom Forum is the main funder of the operations of the Newseum in Washington, D.C., the First Amendment Center and the Diversity Institute. The First Amendment Center and the Diversity Institute are housed in the John Seigenthaler Center at Vanderbilt University in Nashville, Tenn. The First Amendment Center also has offices in Washington and the Diversity Institute has offices and programs at the University of South Dakota in Vermillion.

  • National Coalition Against Censorship

    The National Coalition Against Censorship, an alliance of fifty-two participating organizations, is dedicated to protecting free expression and access to information by: * Providing educational resources and advocacy support to individuals and organizations responding to incidents of censorship * Educating and empowering the public to fight censorship * Documenting and reporting on current censorship issues * Expanding public awareness of the prevalence of censorship and suppression of information * Working to influence judicial opinions about free expression and access to information by submitting amici briefs.

  • People For the American Way

    People For the American Way is dedicated to making the promise of America real for every American: Equality. Freedom of speech. Freedom of religion. The right to seek justice in a court of law. The right to cast a vote that counts. The American Way.

  • Reporters Committee for Freedom of the Press

    The Reporters Committee for Freedom of the Press was created in 1970 at a time when the nation's news media faced a wave of government subpoenas asking reporters to name confidential sources.

  • Thomas Jefferson Center for the Protection of Free Expression

    The Thomas Jefferson Center for the Protection of Free Expression is a unique organization, devoted solely to the defense of free expression in all its forms. While its charge is sharply focused, the Center’s mission is broad. It is as concerned with the musician as with the mass media, with the painter as with the publisher, and as much with the sculptor as the editor.

  • USDOJ - Civil Rights Division

    The Civil Rights Division is committed to upholding the civil and constitutional rights of all individuals, particularly some of the most vulnerable members of our society. The Division enforces federal statutes designed to protect the civil rights of all individuals and prohibit discrimination on the basis of race, color, sex, disability, religion, and national origin. Established in 1957, the Division has grown in size and scope over the decades, and has been instrumental in many of our nation’s battles to advance civil rights, from the desegregation of our nation’s schools to the prosecution of hate crimes, from ensuring girls and women have equal opportunities in schools and the workplace to guaranteeing that individuals with disabilities can access civil services to which we all have a right.

Publications Related to the First Amendment Law

  • ABA Journal - First Amendment

    ABAJournal.com is the website of the flagship magazine of the American Bar Association. The site features: * Breaking legal news, updated as it happens by our staff of reporters throughout every business day. * Analysis from more than 3,000 legal blogs, written by lawyers who are experts in their fields. * Stories that go beyond the headlines, from the pages of the nation’s most-read and most-respected legal affairs magazine.

  • First Amendment Law Review (FALR)

    The is a student-edited legal journal that seeks to promote and protect the rights and freedoms guaranteed by the First Amendment through publishing scholarly writings on, and promoting discussion of, issues related to the First Amendment to the Constitution of the United States.

Articles on HG.org Related to the First Amendment Law

  • Disparagement Law, the Patriot Act and the Food Industry
    The United State Patriot Act was implemented to prevent and counteract terrorism in the country. Law enforcement officers and agencies are provided more power to patrol and protect national citizens in efforts to take down and eliminate threats.
  • What Should be Done to Fight the Patriot Act Applied to the Food Industry?
    Because of the Patriot Act and other laws that govern the food industry, it is not legal to provide statements and information that could affect the profits and revenue of these companies. However, there are ways to fight the Act and other regulations that are implemented to assist larger businesses.
  • Is the Patriot Act Applied to the Food Industry Constitutional?
    Many believe that the Constitution of the United States is under attack by new regulations, laws and changes to rules that affect the civil liberties of American citizens. When individuals are not permitted to state the truth in person, online or in print that may affect the profits of food industry companies, it appears to affect the freedom of speech granted by the Constitution.
  • Disparagement Law and Your Reviews on the Internet
    Congress has decreed even though disparagement laws protect businesses from statements that may harm profits and revenue, the individual is able to post negative feedback online or in print when the information is truthful and valid. This may be accomplished for any product, service, provider and similar item no matter if an agreement was signed which prohibits the person from speaking up in this manner.
  • When a Trademark is Considered Offensive
    Before modifications were made to trademark application and acquirement for intellectual property protections, it was not possible to obtain a trademark if it was considered offensive. This could be to an individual group, to the nation as a whole or a local or regional offensive symbol or phrase.
  • Police Tried to Forcefully Take my Cellphone When I Demanded a Lawyer
    Law enforcement officers are provided a number of actions before a lawyer may be called. However, if questions are initiated through an interview or interrogation, they are not generally given this ability without at least informing the person under suspicion that a legal representative may be called on the person’s behalf.
  • Avoiding DUI Checkpoints and Roadblocks
    With over 75% of states permitting DUI checkpoints, knowing how to avoid passing through a roadblock is highly important. Also, knowing that you can record what happens on your smartphone, in some jurisdictions may help save you from being convicted of DUI-DWI
  • How to Stop Your Driver's License from Being Suspended in Georgia
    Virtually 100% of all DUI arrests triggers an immediate confiscation of the driver license, under Georgia implied consent law. Whether the driver refused testing (DUI refusal) or submitted to the implied consent test (Intoxilyzer 9000), and administrative license suspension is usually initiated by the arresting officer. Can your DUI lawyer save your driving privileges?
  • Public Officials and Privacy
    In recent years, basic Constitutional rights have been under attack. Police misconduct and brutality have been trending upward since 2010. Finally, police unions are pushing hard to limit the right of the public to information related to police shootings.
  • Expert Witness Testimony: When Police Brutality Occurs
    Police brutality is being increasingly noticed throughout the country through the use of electronic surveillance equipment and the rise of the smartphone. With a camera and a video recorder at the touch of a fingertip, anyone is able to record almost any incident that may transpire.
  • All Civil Rights Law Articles

    Articles written by attorneys and experts worldwide discussing legal aspects related to Civil Rights including: constitutional law, consumer law, discrimination, human rights, native populations, privacy law, public law and sexual harassment.




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