First Amendment Rights [ushistory.org]

American Government 1. The Nature of Government a. The Purposes of Government b. Types of Government c. What Is a Democracy? d. Democratic Values Liberty, Equality, Justice 2. Foundations of American Government a. The Colonial Experience b. Independence and the Articles of Confederation c. Creating the Constitution d. The Bill of Rights 3. Federalism a. The Founders and Federalism b. Tipping the Scales Toward National Power c. Federal-State Relations Today: Back to States' Rights? 4. American Political Attitudes and Participation a. American Political Culture b. What Factors Shape Political Attitudes? c. Measuring Public Opinion d. Participating in Government e. Voting: A Forgotten Privilege? 5. How Do Citizens Connect With Their Government? a. Political Parties b. Campaigns and Elections c. Interest Groups d. The Media e. The Internet in Politics 6. Congress: The People's Branch? a. The Powers of Congress b. Leadership in Congress: It's a Party Matter c. The Importance of Committees d. Who Is in Congress? e. How a Bill Becomes a Law 7. The Presidency: The Leadership Branch? a. The Evolution of the Presidency b. All the President's Men and Women c. Selection and Succession of the President d. The President's Job e. Presidential Character 8. The Bureaucracy: The Real Government a. The Development of the Bureaucracy b. The Organization of the Bureaucracy c. Who Are the Bureaucrats? d. Reforming the Bureaucracy 9. The Judicial Branch a. The Creation of the Federal Courts b. The Structure of the Federal Courts c. The Supreme Court: What Does It Do? d. How Judges and Justices Are Chosen e. The Power of the Federal Courts 10. Civil Liberties and Civil Rights a. Rights and Responsibilities of Citizens b. First Amendment Rights c. Crime and Due Process d. Citizenship Rights 11. Policy Making: Political Interactions a. Foreign Policy: What Now? b. Defense Policy c. Economic Policy d. Social and Regulatory Policy 12. State and Local Governments a. State and Local Governments: Democracy at Work? b. Financing State and Local Government c. Who Pays for Education? 13. Comparative Political and Economic Systems a. Comparing Governments b. Comparing Economic Systems c. A Small, Small, World?

"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." -First Amendment to the Constitution

A careful reading of the First Amendment reveals that it protects several basic liberties freedom of religion, speech, press, petition, and assembly. Interpretation of the amendment is far from easy, as court case after court case has tried to define the limits of these freedoms. The definitions have evolved throughout American history, and the process continues today.

The First Amendment guarantees freedom of religion in two clauses the "establishment" clause, which prohibits the government from establishing an official church, and the "free exercise" clause that allows people to worship as they please. Notice that the phrase "separation of church and state" does not appear in the First Amendment, nor is it found anywhere else in the Constitution. Most people do not realize that the phrase was actually coined later by Thomas Jefferson. In 1802, when he was President, he wrote the opinion that the First Amendment's freedom of religion clause was designed to build "a wall of separation between Church and State."

Court cases that address freedom of religion have dealt with the rejection of prayer in public schools, the denial of aid to parochial schools, the banning of polygamy (the practice of having more than one wife), the restriction of poisonous snakes and drugs in religious rites, and limiting the right to decline medical care for religious purposes.

Free speech is one of the most cherished liberties, but free speech often conflicts with other rights and liberties. The courts have had to consider the question, "What are the limits of free speech?"

The "clear and present danger" test is a basic principle for deciding the limits of free speech. It was set by the famous Schenck v. the United States case from World War I. Antiwar activist Charles Schenck was arrested for sending leaflets to prospective army draftees encouraging them to ignore their draft notices. The United States claimed that Schenck threatened national security, and the justices agreed. The principle was established that free speech would not be protected if an individual were a "clear and present danger" to United States security.

What is free speech? The definition is not easy, and the courts have identified three types of free speech, each protected at a different level:

Many of the same principles that apply to freedom of speech apply to the press, but one with special meaning for the press is prior restraint. The courts have ruled that the government may not censor information before it is written and published, except in the most extreme cases of national security.

Freedom of assembly and petition are closely related to freedom of speech, and have been protected in similar ways. Former Chief Justice Charles Evans Hughes wrote, "Peaceable assembly for lawful discussion cannot be made a crime." Generally, that point of view has prevailed. Freedom of assembly has to be balanced with other people's rights if it disrupts public order, traffic flow, freedom to go about normal business or peace and quiet. Usually, a group must apply for a permit, but a government must grant a permit provided that officials have the means to prevent major disruptions.

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First Amendment Rights [ushistory.org]