What does the First Amendment say? Show
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.” The freedoms in the First Amendment include the freedoms of religion, speech, press, assembly, and the right to petition the government.  What does the First Amendment do? The First Amendment is one of the most important amendments for the protection of democracy. Freedom of religion allows people to believe and practice whatever religion they want. Freedom of speech and press allows people to voice their opinions publicly and to publish them without the government stopping them. Freedom of assembly allows people to gather in groups as long as they are peaceful. And the right to petition the government makes it possible for people to lobby the government, point out where it does not follow its own laws, and to sue if a wrong has occurred. When was it created? The First Amendment is part of the Bill of Rights. To protect individual rights, the framers of the U.S. Constitution added 10 amendments to the document in 1791, three years after the Constitution was ratified. Are there exceptions to the freedoms in the First Amendment? There are limits to the freedoms in the First Amendment as people’s individual rights must be balanced against the rights of society. For example, 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. Who determines what is protected? That is where the courts come in. 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. How did the decision about CNN reporter Jim Acosta relate to the First Amendment? The judge in the case involving CNN reporter Jim Acosta did not rule on the overall First Amendment issues involved in the matter, but instead ruled only on the Fifth Amendment issues, which grants people the right to due process. “The judge’s ruling today hinged on process or really lack of process that CNN’s reporter Jim Acosta was given,” Georgetown law professor Joshua Geltzer told VOA. He said that although the case was not technically a First Amendment case, it was about the free press. “Ultimately, when you are looking at due process, you are looking at the interests at stake of the government and of the individual whom the government is taking some action in relation to,” Geltzer said. The reporter “wasn’t given an opportunity to go through some sort of process that might allow him to be treated fairly by the government as is required in many contexts when the government takes away something of value,” he added. First Amendment, amendment (1791) to the Constitution of the United States that is part of the Bill of Rights and reads, 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. The clauses of the
amendment are often called the establishment clause, the free exercise clause, the free speech clause, the free press clause, the assembly clause, and the petition clause. The First Amendment, like the rest of the Bill of Rights, originally restricted only what the federal government may do and did not bind the states. Most state constitutions had their own bills of rights, and those generally included provisions similar to those found in the First Amendment. But the state provisions could be enforced only by state courts. Britannica Quiz History: Fact or Fiction? Get hooked on history as this quiz sorts out the past. Find out who really invented movable type, who Winston Churchill called "Mum," and when the first sonic boom was heard. In 1868, however, the Fourteenth Amendment was added to the U.S. Constitution, and it prohibited states from denying people “liberty” without “due process.” Since then the U.S. Supreme Court has gradually used the due process clause to apply most of the Bill of Rights to state governments. In particular, from the 1920s to the ’40s the Supreme Court applied all the clauses of the First Amendment to the states. Thus, 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. The First Amendment, however, applies only to restrictions imposed by the government, since the First and Fourteenth amendments refer only to government action. As a result, if a private employer fires an employee because of the employee’s speech, there is no First Amendment violation. There is likewise no violation if a private university expels a student for what the student said, if a commercial landlord restricts what bumper stickers are sold on the property it owns, or if an Internet service provider refuses to host certain Web sites. Get a Britannica Premium subscription and gain access to exclusive content. Subscribe Now Legislatures sometimes enact laws that protect speakers or religious observers from retaliation by private organizations. For example, Title VII of the federal Civil Rights Act of 1964 bans religious discrimination even by private employers. Similarly, laws in some states prohibit employers from firing employees for off-duty political activity. But such prohibitions are imposed by legislative choice rather than by the First Amendment. Freedoms of speech, of the press, of assembly, and to petitionThe freedoms of speech, of the press, of assembly, and to petition—discussed here together as “freedom of expression”—broadly protect expression from governmental restrictions. Thus, for instance, the government may not outlaw antiwar speech, speech praising violence, racist speech, pro-communist speech, and the like. Nor may 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 (see below Permissible restrictions on expression). 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. What are the 5 components of the First Amendment?The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America the freest in the world.
Which of the following is not included in the First Amendment?Obscenity. Fighting words. Defamation (including libel and slander)
What does the First Amendment include?The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances. The Second Amendment gives citizens the right to bear arms.
What are 3 facts about the First Amendment?The First Amendment to the United States Constitution was adopted in 1791. It is part of the Bill of Rights, the first ten amendments. It protects the freedom of speech, religion, and the press. It also gives citizens the right to peaceful protest and to petition the government.
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