1st Amendment

Ryan Washington

North Carolina Agricultural and Technical State University

 Washington 1

The First Amendment to the U.S. Constitution protects the freedom of speech, religion and the

press. It also protects the right to peaceful protest and to petition the government. The amendment was

adopted in 1791 along with nine other amendments that make up the Bill of Rights - a written

document protecting civil liberties under U.S. law. The meaning of the First Amendment has been the

subject of continuing interpretation and dispute over the years. Landmark Supreme Court cases have

dealt with the right of citizens to protest U.S. involvement in foreign wars, flag burning and the

publication of classified government documents.

The First Amendment guarantees freedom of speech. Freedom of speech gives Americans the

right to express themselves without having to worry about government interference. It’s the most basic

component of freedom of expression.

The U.S. Supreme Court often has struggled to determine what types of speech is protected.

Legally, material labeled as obscene has historically been excluded from First Amendment protection,

for example, but deciding what qualifies as obscene has been problematic. Speech provoking actions

that would harm others true incitement and/or threats is also not protected, but again determining what

words have qualified as true incitement has been decided on a case-by-case basis.

The First Amendment to the United States Constitution prohibits the passing or creation of any

law which establishes a religious body and directly impedes an individual’s right to practice whichever

religion they see fit.

Freedom of speech in the United States is protected by the First Amendment and is re-

established in the majority of state and federal laws. This particular clause typically protects and

individual’s right to partake in even distasteful rhetoric, such as racist or sexist comments and
 Washington 2

distasteful remarks towards public policy. Speech directed towards some subjects; however, such as

child pornography or speech that incites an imminent threat, as well commercial forms of speech are

regulated.

The freedom of speech, of the press, of assembly, and to petition discussed here together as

“freedom of speech” broadly protect expression from governmental restrictions. Thus, for instance, the

government may not outlaw antiwar speech, speech praising violence, racist speech, procommunist

speech, and the like. Neither should the government impose special taxes on speech on certain topics or

limit demonstrations that express certain views. The government also may not authorize civil lawsuits

based on people’s speech, unless the speech falls within a traditionally recognized First Amendment

exception. This is why, for example, people may not sue for emotional distress inflicted by offensive

magazine articles about them, unless the articles are not just offensive but include false statements that

fall within the defamation exception.

The free expression guarantees are not limited to political speech. They also cover speech about

science, religion, morality, and social issues as well as art and even personal gossip. Freedom of the

press confirms that the government may not restrict mass communication. It does not, however, give

media businesses any additional constitutional rights beyond what nonprofessional speakers have.

Freedom of petition protects the right to communicate with government officials. This includes

lobbying government officials and petitioning the courts by filing lawsuits, unless the court concludes

that the lawsuit clearly lacks any legal basis.

The First Amendment now covers actions by federal, state, and local governments. The First

Amendment also applies to all branches of government, including legislatures, courts, juries, and

executive officials and agencies. This includes public employers, public university systems, and public

school systems. There are limits to the freedoms in the First Amendment as people’s individual rights
 Washington 3

must be balanced against the rights of society. A person cannot force the tenets of his or her religion on

others while trying to practice that religion. Similarly, harmful speech, such as yelling “fire” in a

crowded room, is not protected speech, nor is publishing a lie that causes harm to someone. Also,

different types of speech have different amounts of freedom. Political speech is considered different

than commercial speech, which includes advertisements. The meaning of the First Amendment has

been the subject of disputes over the years and continuing interpretation by the courts. Landmark

Supreme Court cases involving the First Amendment have dealt with the rights of citizens to protest

U.S. wars, burn the U.S. flag, and the publication of classified government documents.

Without the First Amendment, religious minorities could be persecuted, the government might

well establish a national religion, protesters could be silenced, the press could not criticize government,

and citizens could not mobilize for social change.

By connecting the freedom of religion with the freedom of speech, the First Amendment gets to

the essence of what it is to be a human for it is self-evident that we are thinking beings. We use reason

to form thoughts, and we think in order to make sense of, or give meaning to, our experiences in light

of our basic beliefs. Our most basic beliefs answer the most basic questions that can logically be asked.

These include beliefs about authority, existence and value. Because of how these beliefs shape the rest

of our worldview, and because of their relationship to our search for meaning, they are identified as our

religious beliefs.

There are limits to these freedoms. One may not force the tenets of his or her religion on those

who do not observe those beliefs. Harmful speech, such as yelling “fire” in a crowded room, is not

protected, nor is a written lie that causes harm. As well, gatherings must be peaceful. Destruction of the

property of others is not protected by the First Amendment.

The freedoms of speech, press, assembly and the right to petition the government and seek
 Washington 4

redress of grievances proclaim that citizens have the right to call the government to account. Freedom

of speech and press allows citizens to communicate their ideas verbally and in writing, while freedom

of assembly lets them publicly express a common interest. The right to petition allows citizens to point

out to the government where it did not follow the law, to seek changes, as well as damages for such

missteps.

Fundamental rights like freedom of religion or freedom to protest have been in the news a lot

lately. In response to the recent demonstrations around the country, some legislators are trying to pass

bills that would discourage or even criminalize peaceful protest, citing traffic obstructions as the

reason. If these bills become laws, the Constitutional right of assembly as we know it today would be

jeopardized.

The First Amendment guarantees that a newspaper, or social media, can inform the public if I

am tried for a crime in a closed courtroom or without a jury or a defense lawyer, or subjected to cruel

treatment in prison. By exercising free speech rights to debate the issues of the day, I may learn that

others also have been subject to discrimination or denied equal opportunity because of gender, race,

religious beliefs or sexual orientation, and that together we can do something about it. Because of the

First Amendment, I can speak freely, voice my opinion about issues large and small, and not fear

censorship or punishment from government officials who may not like what I say. The free press

guarantee enables me to read and learn about events near and far, including news of when oppressive

governments around the world shut down the Internet and wireless networks to silence public protest,

which makes me appreciate out U.S. Constitution even more.

The right to speak and the right to publish under the First Amendment has been interpreted

widely to protect individuals and society from government attempts to suppress ideas and information,

and to forbid government censorship of books, magazines, and newspapers as well as art, film, music
 Washington 5

and materials on the internet. The Supreme Court and other courts have held conclusively that there is a

First Amendment right to receive information; the right to receive information is a corollary to the right

to speak.
 References

Your Right To Religious Freedom https://www.aclu.org/other/your-right-religious-freedom

Primer on the First Amendment & Religious Freedom
https://www.adl.org/education/resources/backgrounders/the-first-amendment-and-religious-
freedom
Right To Peaceful Assembly: United States Andrew - https://www.loc.gov/law/help/peaceful-
assembly/us.php
Why We Must Champion the First Amendment in the Digital Age Eric Newton -
https://knightfoundation.org/articles/why-we-must-champion-the-first-amendment-in-the-digital-age/
First Amendment Binds All American Freedoms: National Newspaper Week
https://www.hoodrivernews.com/opinion/first-amendment-binds-all-american-freedoms-national-
newspaper-week/article_0ea82dd6-e466-11e9-8bf6-0f0b80832880.html