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Template:Infobox US Constitution

The First Amendment to the United States Constitution is a part of the United States Bill of Rights. It prohibits the federal legislature from making laws that establish religion (the "Establishment Clause") or prohibit free exercise of religion (the "Free Exercise Clause"), laws that infringe the freedom of speech, infringe the freedom of the press, limit the right to assemble peaceably, or limit the right to petition the government for a redress of grievances.

Although the First Amendment explicitly prohibits only the named rights from being abridged by laws made by Congress, the courts have interpreted it as applying more broadly. As the first sentence in the body of the Constitution reserves all law-making ("legislative") authority to Congress, the courts have held that the First Amendment's terms also extend to the executive and judicial branches. Additionally, in the 20th century the Supreme Court has held that the Due Process clause of the 1868 Fourteenth Amendment "incorporates" the limitations of the First Amendment to restrict also the states.

Text

The text of the amendment reads as follows:

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.

Background

The original text of the Constitution generated some opposition on the ground that it did not include adequate guarantees of civil liberties. In response, the First Amendment, along with the rest of the Bill of Rights, was adopted. The process of adoption by ratifications by the requisite number of states was completed in December 15, 1791.

Establishment of religion

The Establishment Clause of the First Amendment prohibits the establishment of a national religion by Congress or the preference of one religion over another, or religion over non-religion. Prior to the enactment of the Fourteenth Amendment, and for 60 years thereafter, the courts took the position that the substantive protections of the Bill of Rights did not apply to actions by state governments. Subsequently, under the "incorporation doctrine", certain selected provisions were applied to states. It was not, however, until the middle and later years of the twentieth century that the Supreme Court began to interpret the establishment and free exercise clauses in such a manner as to restrict substantially the promotion of religion by state governments. (For example, in the Board of Education of Kiryas Joel Village School District v. Grumet, 512 U.S. 687 (1994), Justice David Souter, writing for the majority, concluded that "government should not prefer one religion to another, or religion to irreligion".)

Free exercise of religion

The Warren Court held that this meant governments must have a compelling interest before passing a law that unduly burdens the practice of religion. Later court decisions retreated from this standard, permitting governmental actions that were neutral to interfere with religion, but Congress attempted to restore it by passing the Religious Freedom Restoration Act, which the Supreme Court held was inapplicable to state and local government actions, albeit applicable to federal action. City of Boerne v. Flores, 521 U.S. 507 (1997)

First Amendment in the case Simon & Schuster v. Crime Victims Board. However, similar laws in other states remain unchallenged.

Freedom of the press

Freedom of the press, like freedom of speech, is subject to restrictions on bases such as defamation law. Restrictions, however, have been struck down if they are aimed at the political message or content of newspapers.

In Branzburg v. Hayes (1972), the Court placed limits on the ability of the Press to refuse a subpoena from a Grand Jury based on claims of Freedom of the Press. The issue decided in the case was whether a reporter could refuse to "appear and testify before state and Federal grand juries" basing the refusal on the contention that such appearance and testimony "abridges the freedom of speech and press guaranteed by the First Amendment." The 5-4 decision was that such a protection was not provided by the First Amendment.

Taxation of the press

State governments retain the right to tax newspapers, just as they may tax other commercial products. Generally, however, taxes that focus exclusively on newspapers have been found unconstitutional. In Grosjean v. American Press Co. (1936), the Court invalidated a state tax on newspaper advertising revenues. Similarly, some taxes that give preferential treatment to the press have been struck down. In 1987, for instance, the Court invalidated an Arkansas law exempting "religious, professional, trade and sports journals" from taxation since the law amounted to the regulation of newspaper content.

In Leathers v. Medlock (1991), the Supreme Court found that states may treat different types of the media differently, such as by taxing cable television, but not newspapers. The Court found that "differential taxation of speakers, even members of the press, does not implicate the First Amendment unless the tax is directed at, or presents the danger of suppressing, particular ideas."

Content regulation

The courts have rarely treated content-based regulation of the press with any sympathy. In Miami Herald Publishing Co. v. Tornillo (1971), the Court unanimously struck down a state law requiring newspapers criticizing political candidates to publish their responses. The state claimed that the law had been passed to ensure press responsibility. Finding that only freedom, and not press responsibility, is mandated by the First Amendment, the Supreme Court ruled that the government may not force newspapers to publish that which they do not desire to publish.

Content-based regulation of television and radio, however, have been sustained by the Supreme Court in various cases. Since there are a limited number of frequencies for non-cable television and radio stations, the government licenses them to various companies. The Supreme Court, however, has ruled that the problem of scarcity does not permit the raising of a First Amendment issue. The government may restrain broadcasters, but only on a content-neutral basis.

Petition and assembly

The right to petition the government has been interpreted as extending to petitions of all three branches: the Congress, the executive and the judiciary. The Supreme Court has interpreted "redress of grievances" broadly; thus, it is possible for one to request the government to exercise its powers in furtherance of the general public good. However, a few times Congress has directly limited the right to petition. During the 1790s, Congress passed the Alien and Sedition Acts, punishing opponents of the Federalist Party; the Supreme Court never ruled on the matter. In 1835 the House of Representatives adopted the "Gag Rule," barring abolitionist petitions calling for the end of slavery. The Supreme Court did not hear a case related to the rule, which was in any event abolished in 1844. During World War I, individuals petitioning for the repeal of sedition and espionage laws (see above) were punished; again, the Supreme Court did not rule on the matter.

The right of assembly was originally closely tied to the right to petition. One significant case involving the two rights was United States v. Cruikshank (1876). There, the Supreme Court held that citizens may "assemble for the purpose of petitioning Congress for a redress of grievances." Essentially, it was held that the right to assemble was secondary, while the right to petition was primary. Later cases, however, have expanded the meaning of the right to assembly. Hague v. CIO (1939), for instance, refers to the right to assemble for the "communication of views on national questions" and for "disseminating information."

International significance

Most provisions of the United States Bill of Rights are based on the English Bill of Rights (1689) and on other aspects of English law. The English Bill of Rights, however, does not include many of the protections found in the First Amendment. For example, while the First Amendment guarantees freedom of speech to the general populace, the English Bill of Rights only protected "freedom of speech and debates or proceedings in Parliament." The Declaration of the Rights of Man and of the Citizen, a French revolutionary document passed only weeks before Congress proposed the Bill of Rights, contains certain guarantees that are similar to the First Amendment's. For instance, it suggests that "every citizen may, accordingly, speak, write, and print with freedom."

Freedom of speech in the United States is more extensive than nearly any other nation in the world. While the First Amendment does not explicitly set restrictions on freedom of speech, other declarations of rights sometimes do so. The European Convention on Human Rights, for example, permits restrictions "in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or the rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary," and in practice these loopholes have been interpreted quite broadly by the courts of Europe. Similarly the Indian constitution allows "reasonable" restrictions upon free speech to serve "public order, security of State, decency or morality."

The First Amendment was one of the first guarantees of religious freedom: neither the English Bill of Rights, nor the French Declaration of Rights, contains an equivalent guarantee.

See also

• Establishment Clause
• Free Exercise Clause
• Freedom of association
• Freedom of thought
• Lemon v. Kurtzman - Established the Lemon Test for evaluating government violations of the Establishment Clause.
• Marketplace of ideas
• American Constitutional Amendments

Sources

• Kilman, J. & Costello, G. (Eds). (2000). The Constitution of the United States of America: Analysis and Interpretation.
• Haynes, C. "Religious liberty in public life." (2004).
• Hoover Institution. "Campaign Finance." (2004).
• Irons, P. (1999). A People's History of the Supreme Court. New York: Penguin.

External links

2. Part 2

• Cornell Law School - Annotated Constitution
• First Amendment Center - The First Amendment Library
• Video: Free Speech in Wartime

• 1791 in law
• Amendments to the United States Constitution
• First Amendment to the U.S. Constitution
• Civil rights
• Freedom of expression
• Separation of church and state