What's the deal with the First Amendment? This is the one that protects the freedoms of speech, religion, the press, assembly and petition. But how far does that protection actually go now? This is arguably the most important amendment in the bill of Rights. In fact, some states wouldn't ratify the Constitution until the framers promised something like this would be added. And this is what they came up with. 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. Now, essentially, this means that the government can't tell you what to believe or control what you say, and it gives every American the power to speak out. But let's dig a little deeper into the nuance. Freedom of religion is the separation of church and state, And while those words never actually show up in the document, the First Amendment stops the government from creating a state religion like with the Church of England. Obviously, Judeo Christian language is woven into the fabric of American history and even the money. But the Supreme Court is laid out specific guidelines for how to make sure our laws are constitutional and don't promote or put down any particular religion. It also means that everyone can believe in what they want. Thio, the freedom of speech and the freedom of the press essentially go hand in hand. Now, generally speaking, the government can't stop you or punish you for what you say or what you write, even if people find it offensive like hate speech or non verbal protests like flag burning. Remember, our country's founders had just broken from a king, so they wanted to make sure that we, the people, could expose a corrupt or tyrannical government. You could even talk some smack about government leaders for whatever reason. You want thio without the fear of being put in prison or worse. But not all speech is free. True threats and even fighting words are not protected by the Constitution. And while the government can't dictate what you say, it can restrict where and when. The press also can't just print whatever it wants to. Because of libel laws. You can successfully sue someone if you can prove that they printed something harmful and knew that it wasn't true. But one thing that's often misunderstood the First Amendment's protection of free speech Onley applies to the government. Ah, private company could kick you out or fire you for doing or saying something that violates its personal code of conduct. Our guys, I think they were good, and that's the deal with Sorry, My very excited and very loud friends do have a point there exercising their freedoms of assembly. In petition, they often get overlooked. But these two kind of support all the others, Whether it's an email threat, a march or lawsuit, they allow us to push the government to fix things that we think it's doing wrong, all in an effort to form a more perfect union. And that is the deal with the First Amendment
What's the deal with the First Amendment? This is the one that protects the freedoms of speech, religion, the press, assembly and petition. But how far does that protection actually go now? This is arguably the most important amendment in the bill of Rights. In fact, some states wouldn't ratify the Constitution until the framers promised something like this would be added. And this is what they came up with. 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. Now, essentially, this means that the government can't tell you what to believe or control what you say, and it gives every American the power to speak out. But let's dig a little deeper into the nuance. Freedom of religion is the separation of church and state, And while those words never actually show up in the document, the First Amendment stops the government from creating a state religion like with the Church of England. Obviously, Judeo Christian language is woven into the fabric of American history and even the money. But the Supreme Court is laid out specific guidelines for how to make sure our laws are constitutional and don't promote or put down any particular religion. It also means that everyone can believe in what they want. Thio, the freedom of speech and the freedom of the press essentially go hand in hand. Now, generally speaking, the government can't stop you or punish you for what you say or what you write, even if people find it offensive like hate speech or non verbal protests like flag burning. Remember, our country's founders had just broken from a king, so they wanted to make sure that we, the people, could expose a corrupt or tyrannical government. You could even talk some smack about government leaders for whatever reason. You want thio without the fear of being put in prison or worse. But not all speech is free. True threats and even fighting words are not protected by the Constitution. And while the government can't dictate what you say, it can restrict where and when. The press also can't just print whatever it wants to. Because of libel laws. You can successfully sue someone if you can prove that they printed something harmful and knew that it wasn't true. But one thing that's often misunderstood the First Amendment's protection of free speech Onley applies to the government. Ah, private company could kick you out or fire you for doing or saying something that violates its personal code of conduct. Our guys, I think they were good, and that's the deal with Sorry, My very excited and very loud friends do have a point there exercising their freedoms of assembly. In petition, they often get overlooked. But these two kind of support all the others, Whether it's an email threat, a march or lawsuit, they allow us to push the government to fix things that we think it's doing wrong, all in an effort to form a more perfect union. And that is the deal with the First Amendment
First Amendment anniversary: What it says, why it's a cornerstone of democracy
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Updated: 3:57 PM MDT Sep 25, 2020
"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."Friday marks 231 years since the passage of the First Amendment, protecting the freedoms of speech, religion, the press, to assemble peacefully and to petition the government. The day — Sept. 25 — is known as First Amendment Day. It was one of several amendments proposed by Congress on Sept. 25, 1789, and sent to the states to ratify. Those amendments together are known as the Bill of Rights. But the cornerstone of the Bill of Rights is the First Amendment. Centuries of U.S. history show the rights in action. Freedom of religion: When the colonists came to the New World, they were, in part, fleeing from religious persecution. This right, built into the Constitution, means that the U.S. can't declare a national religion. It can't persecute someone for their religious beliefs. Freedom of speech: This freedom is one of the more litigated in the First Amendment. The U.S. court system hears Freedom of Speech cases frequently. Here are some of the protections the court system has decided fall under freedom of speech: In West Virginia Board of Education v. Barnette, the court decided the right not to salute the flag was protected under the First AmendmentIn Tinker v. Des Moines, the Supreme Court ruled that students had the right to wear black armbands to school to protest a war under freedom of speechIn Cohen v. California, the court said using certain offensive words and phrases to convey political messages was protectedIn Texas v. Johnson and United States v. Eichman, the court decided burning the flag in protest of something was protected. Here are some things the court says are not protected by freedom of speech:In Schenck v. United States, the court ruled that inciting actions that would harm others (e.g., Shouting "fire" in a crowded theater) is not protected speech. In Bethel School District #43 v. Fraser, the Supreme Court ruled that the rights of students to make an obscene speech at a school-sponsored event was not covered.In Roth v. United States, the court ruled that making or distributing obscene materials was not protected by the freedom of speech. Freedom of the press: Simply put, freedom of the press is protection against government meddling in the media. It means that the government can't tell the media what they can and cannot report, nor can they prosecute the media for what they do or don't report. This freedom has also played out in the court system.In 1931, the case of Near v. Minnesota, helped define freedom of the press. A newspaper editor printed an article saying some local officials were associated with gangsters. The state obtained an injunction under a law that said the newspaper could be stopped from publishing malicious, scandalous or defamatory material. The Supreme Court ruled that Minnesota law restricted freedom of the press. In 1988, the court issued a landmark ruling in the case of Hazelwood School District v. Kuhlmeier. This time, a high school newspaper was barred from publishing two articles the school's principal found inappropriate. The court ruled that schools have to be able to set high standards for speech disseminated under school supervision, saying the principal's actions did not violate the student's right to freedom of speech or freedom of press. Freedom to peaceably assemble: This protection gives people the right to protest peacefully, but the court has ruled that there are limits to this part of the first amendment. In Shuttlesworth v. Birmingham, a case argued before the Supreme Court in 1969, the court ruled that requiring a permit to assemble on city streets was unconstitutional. But the decision also allowed cities to deny permits in publicly owned places if they have a compelling reason, like public safety, to do so. In other cases, courts have ruled that requiring permits for a planned peaceful protest are constitutional, but gatherings in response to breaking news are not required to have a permit. Cities are also allowed to regulate aspects of a protest, like the time or place.Freedom to petition the government: This right was included after the British government ignored the U.S. founders' list of grievances. The founders had previously petitioned their concerns about the British government and instead of addressing them, the government only made things worse for the U.S. So, when the founders were writing the constitution, they included both the right to assemble and petition in the initial draft of the first amendment. Freedoms of speech, religion and the press came later, but were included before the final draft was voted on in Congress. According to the Freedom Forum Institute, in 2020, petitioning is any nonviolent means of encouraging or showing dissent of government actions. This includes letter writing, lobbying, emailing, calling or even signing an online petition. The First Amendment - among our most important in the constitution - offers anyone in the United States protection, not just citizens.
"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."
Friday marks 231 years since the passage of the First Amendment, protecting the freedoms of speech, religion, the press, to assemble peacefully and to petition the government.
The day — Sept. 25 — is known as First Amendment Day.
It was one of several amendments proposed by Congress on Sept. 25, 1789, and sent to the states to ratify. Those amendments together are known as the Bill of Rights.
But the cornerstone of the Bill of Rights is the First Amendment. Centuries of U.S. history show the rights in action.
Freedom of religion: When the colonists came to the New World, they were, in part, fleeing from religious persecution. This right, built into the Constitution, means that the U.S. can't declare a national religion. It can't persecute someone for their religious beliefs.
Freedom of speech: This freedom is one of the more litigated in the First Amendment. The U.S. court system hears Freedom of Speech cases frequently. Here are some of the protections the court system has decided fall under freedom of speech:
- In West Virginia Board of Education v. Barnette, the court decided the right not to salute the flag was protected under the First Amendment
- In Tinker v. Des Moines, the Supreme Court ruled that students had the right to wear black armbands to school to protest a war under freedom of speech
- In Cohen v. California, the court said using certain offensive words and phrases to convey political messages was protected
- In Texas v. Johnson and United States v. Eichman, the court decided burning the flag in protest of something was protected.
Here are some things the court says are not protected by freedom of speech:
- In Schenck v. United States, the court ruled that inciting actions that would harm others (e.g., Shouting "fire" in a crowded theater) is not protected speech.
- In Bethel School District #43 v. Fraser, the Supreme Court ruled that the rights of students to make an obscene speech at a school-sponsored event was not covered.
- In Roth v. United States, the court ruled that making or distributing obscene materials was not protected by the freedom of speech.
Freedom of the press: Simply put, freedom of the press is protection against government meddling in the media. It means that the government can't tell the media what they can and cannot report, nor can they prosecute the media for what they do or don't report. This freedom has also played out in the court system.
In 1931, the case of Near v. Minnesota, helped define freedom of the press. A newspaper editor printed an article saying some local officials were associated with gangsters. The state obtained an injunction under a law that said the newspaper could be stopped from publishing malicious, scandalous or defamatory material. The Supreme Court ruled that Minnesota law restricted freedom of the press.
In 1988, the court issued a landmark ruling in the case of Hazelwood School District v. Kuhlmeier. This time, a high school newspaper was barred from publishing two articles the school's principal found inappropriate. The court ruled that schools have to be able to set high standards for speech disseminated under school supervision, saying the principal's actions did not violate the student's right to freedom of speech or freedom of press.
Freedom to peaceably assemble: This protection gives people the right to protest peacefully, but the court has ruled that there are limits to this part of the first amendment.
In Shuttlesworth v. Birmingham, a case argued before the Supreme Court in 1969, the court ruled that requiring a permit to assemble on city streets was unconstitutional. But the decision also allowed cities to deny permits in publicly owned places if they have a compelling reason, like public safety, to do so. In other cases, courts have ruled that requiring permits for a planned peaceful protest are constitutional, but gatherings in response to breaking news are not required to have a permit. Cities are also allowed to regulate aspects of a protest, like the time or place.
Freedom to petition the government: This right was included after the British government ignored the U.S. founders' list of grievances. The founders had previously petitioned their concerns about the British government and instead of addressing them, the government only made things worse for the U.S. So, when the founders were writing the constitution, they included both the right to assemble and petition in the initial draft of the first amendment. Freedoms of speech, religion and the press came later, but were included before the final draft was voted on in Congress. According to the Freedom Forum Institute, in 2020, petitioning is any nonviolent means of encouraging or showing dissent of government actions. This includes letter writing, lobbying, emailing, calling or even signing an online petition.
The First Amendment - among our most important in the constitution - offers anyone in the United States protection, not just citizens.
