Thought Leadership

The First Amendment

The First Amendment

The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. It states that. “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.”

Overview

The First Amendment protects the right to freedom of expression and freedom of religion from government interference. The First Amendment is one of the nation's fundamental normative and cultural symbols. It reveals the fundamental aspects of the American integrity and is the cornerstone of the nation's liberty. The First Amendment is known and cherished by virtually all the nation’s citizens, who comprehend its essence even if they may not be able to recite its precise phrasing.

Important Provisions of the First Amendment

The First amendment was approved during the first session in 1789 as the founding forefathers wanted to address issues which would protect individual liberties from federal intrusion. It was rapidly ratified by all the states in 1791 and became an essential part of the constitution. The First Amendment grants liberties to the people of American such as:

Freedom of Expression

·       Freedom of expression consists of the rights to freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied rights of association and belief.

·       Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the separation of church and state.

·      The most basic component of freedom of expression is the right of freedom of speech. This right allows individuals to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech.

Freedom of Press

·      The right to freedom of the press guaranteed by the first amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination.

·      It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

Right to Form an Assembly

·      The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief.

·      The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action. It works with the right of assembly by allowing people to join together and seek change from the government.