The First Amendment to the United States Constitution might be the most frequently debated amendment
in US history.
Although it is regularly used as shorthand to talk about freedom of speech, it also includes
a number of other important clauses, without which the US would be unrecognizable.
So, what exactly is in the First Amendment?
Well, most importantly, and perhaps the source of so much misunderstanding, is that the Amendment
begins with “Congress shall make no law."
Many people gloss over this part.
They believe that the First Amendment personally guarantees THEM an inalienable right to speech,
press, religion, and so on.
But all it really covers is what Congress is not allowed to restrict through specific
laws.
Now, surprisingly, the First Amendment is only 45 words long.
It opens with, “Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof."
This is called the Establishment Clause.
It means that Congress cannot favor a particular religion through legislature, nor can it legislate
against the practice of a particular religion.
This clause has been used to stop state-sanctioned prayer in public schools, as well as to remove
several displays of the Ten Commandments in front of courthouses.
It is also the basis of what is referred to as the separation between church and state.
Next is the freedom of speech.
Often it is used to justify a person’s supposed right to publicly state anything they want,
however, this is very far from the truth.
There are a lot of situations where speech is extremely limited, and it is completely
legal.
For example, being blocked for spamming on the internet is not a violation of free speech,
because private individuals can dictate whatever rules they’d like in regards to speech limitations.
Additionally, the Supreme Court has ruled that there are a number of exceptions to free
speech.
When it comes to provocation, lying, obscenity, child pornography, threats, and copyrighted
material, there are strict rules.
Freedom of press is similar, but better understood.
It prohibits Congress from interfering with the publication of information.
It applies not only to professional journalists, but regular citizens too.
This is especially relevant now that anybody can blog or tweet to a wide audience.
However, if the press is defamatory and damaging, there are still certain limitations.
The scope of what is “defamatory” has long been debated.
Then there is the right of the people to peaceably assemble.
But again, this prevents Congress from passing a specific law prohibiting peaceful demonstrations.
If a demonstration is in violation of another law, for example if it endangers public safety,
then there is nothing illegal about it being dispersed, or people being arrested.
Finally, the First Amendment allows for people to petition the government for a redress of
grievances.
This clause is almost totally unknown, but it allows citizens to do things like file
lawsuits against the government, or lobby public officials.
It protects citizens from prosecution if they complain or try to address their problems
through government channels.
And, that’s it.
The First Amendment isn’t very long, but it covers a huge number of rights.
If you’ve ever had questions about legal rights in the U.S. — like “can you legally
film the police?”
You might want
to watch this next video.
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