First Amendment Freedoms

Freedom of Speech and Press

According to the Constitution, "Congress shall make no law abridging the freedom of speech, or of the press".

The interpretation of this clause of the First Amendment has been up for interpretation from the very beginning. The protection of citizens' right to free speech versus the government's need to limit speech and press in the name of national security has been debated throughout our nation's history.

Speech is categorized as direct words or as symbolic actions. Press is characterized by the written word as well as the printed material of a publication. The central issue is the balance between citizens being able to criticize policy and the government maintaining order.

Key Court Cases

Freedom of Religion

Also according to the First Amendment, "Congress shall make no law respecting an establishment of Religion, or prohibiting the free exercise thereof."

This is called the Establishment Clause. It defines the right of citizens to practice their religions without government interference. It also creates the separation between church and state. This clause establishes the foundation of religious liberty in the United States. However, there has been some debate over the government allowing some religious practices in public institutions.

Establishment Key Court Cases

Freedom of Assembly

Also in the First Amendment to the Constitution, "Congress shall make no law respecting...the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The central themes in the final clause of the First Amendment are

the rights of people to gather in places they want.
express their point of view without governmental interference.
present their point of view to a government body.

These rights have restrictions such as time, manner, and place of assembly. Assemblers must also be aware of their protections at the scene of the assembly.

Key Court Cases

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