first amendment: an overview

The First Amendment of the United States Constitution (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti) protects the right to freedom of religion and freedom of expression from government interference. See U.S. Const. amend. I. 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. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted, the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti) from interference by state governments. See U.S. Const. amend. XIV (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentxiv).

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. Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of "blue laws" is not prohibited. The free exercise clause prohibits the government, in most instances, from interfering with a persons practice of their religion.

The most basic component of freedom of expression is the right of freedom of speech. The right to freedom of speech 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. A less stringent test is applied for content-neutral legislation. The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right to free speech includes other mediums of expression that communicates a message.

Despite popular misunderstanding 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.

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 Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments (http://www.law.cornell.edu/constitution/constitution.table.html#amendments). This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individuals current or past membership in a particular group. There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

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.

menu of sources

federal material

U.S. Constitution

• First amendment (http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmenti)
• Fourteenth amendment (http://www.law.cornell.edu/constitution/constitution.amendmentxiv.html)
• CRS Annotated Constitution: First Amendment
  • Freedom of Expression: Is There a Difference Between Speech and Press? (http://www.law.cornell.edu/anncon/search/display.html?terms=first%20amendment&url=/anncon/html/amdt1bfrag2_user.html)
  • Religion and Expression (http://www.law.cornell.edu/anncon/search/display.html?terms=first%20amendment&url=/anncon/html/amdt1bfrag1_user.html)
  • Obscenity (http://www.law.cornell.edu/anncon/search/display.html?terms=first%20amendment&url=/anncon/html/amdt1efrag1_user.html)
  • Right of Association (http://www.law.cornell.edu/anncon/search/display.html?terms=first%20amendment&url=/anncon/html/amdt1bfrag8_user.html)
  • Prisoners' First Amendment Rights (http://www.law.cornell.edu/anncon/search/display.html?terms=first%20amendment&url=/anncon/html/amdt1cfrag10_user.html)

Federal Judicial Decisions

• Supreme Court:
  • Historic Constitutional Law Decisions (http://www.law.cornell.edu/supct/cases/conlaw.htm)
  • Recent First Amendment Decisions - Religion (http://supct.law.cornell.edu/supct/search/index.html?query=freedom+and+religion), Press (http://supct.law.cornell.edu/supct/search/index.html?query=free+and+press), Speech (http://supct.law.cornell.edu/supct/search/index.html?query=free+and+(speech+or+expression))
• Recent U.S. Court of Appeals Decisions on: Religion (http://www.law.cornell.edu/usca/search/index.html?query=religion), Press (http://www.law.cornell.edu/usca/search/index.html?query=press), Speech (http://www.law.cornell.edu/usca/search/index.html?query=speech)

State Material

State Judicial Decisions

• N.Y. Court of Appeals:
  • Recent First Amendment Decisions (http://www.law.cornell.edu/nyctap/search/index.html?query=freedom+and+(speech+or+expression+or+religion+or+press)+not+liibulletin)
  • Commentary from liibulletin-ny (http://www.law.cornell.edu/nyctap/search/index.html?query=liibulletin+and+(freedom+and+(speech+or+expression+or+religion+or+press))+or+(first+and+amendment))
• Appellate Decisions from Other States (http://www.law.cornell.edu/states/)

International Material

Conventions and Treaties

• Human Rights Treaties (http://fletcher.tufts.edu/multi/humanRights.html)

Other References

Key Internet Sources

• Freedom of PressBibliography (http://delyte.lib.siu.edu/cni/)
• Freedom of Expression (National Endowment for the Arts) (http://www.csulb.edu/%7Ejvancamp/freedom1.html)
• Freedom Forum First Amendment Center (http://www.freedomforum.org/)
• Christian Law Association (http://www.christianlaw.org/key_issues_combined_pf.html)
• First Amendment Alert! (http://www.kefir.net/spray/firstamendment.htm)

Useful Offnet (or Subscription - $) Sources

• Good Starting Point in Print: John E. Nowak, Ronald Rotunda, Constitutional Law, Chapters 16 & 17, West Group (http://west.thomson.com/store/product.asp?product_id=22091936&cookie%5Ftest=1) (4th ed. 1991)
• LII Downloads (http://www.law.cornell.edu/disks96.html)

other topics

Category: Individual Rights Category: Constitutional Law