Which of the following amendments provides for freedom of speech?

The First Amendment states: “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.”

The freedoms in the First Amendment include the freedoms of religion, speech, press, assembly, and the right to petition the government.

​What does the First Amendment do?

The First Amendment is one of the most important amendments for the protection of democracy.

Freedom of religion allows people to believe and practice whatever religion they want. Freedom of speech and press allows people to voice their opinions publicly and to publish them without the government stopping them. Freedom of assembly allows people to gather in groups as long as they are peaceful. And the right to petition the government makes it possible for people to lobby the government, point out where it does not follow its own laws, and to sue if a wrong has occurred.

When was it created?

The First Amendment is part of the Bill of Rights. To protect individual rights, the framers of the U.S. Constitution added 10 amendments to the document in 1791, three years after the Constitution was ratified.

Are there exceptions to the freedoms in the First Amendment?

There are limits to the freedoms in the First Amendment as people’s individual rights must be balanced against the rights of society.

For example, a person cannot force the tenets of his or her religion on others while trying to practice that religion. Similarly, harmful speech, such as yelling “fire” in a crowded room, is not protected speech, nor is publishing a lie that causes harm to someone. Also, different types of speech have different amounts of freedom. Political speech is considered different than commercial speech, which includes advertisements.

Who determines what is protected?

That is where the courts come in. The meaning of the First Amendment has been the subject of disputes over the years and continuing interpretation by the courts.

Landmark Supreme Court cases involving the First Amendment have dealt with the rights of citizens to protest U.S. wars, burn the U.S. flag, and the publication of classified government documents.

​How did the decision about CNN reporter Jim Acosta relate to the First Amendment?

The judge in the case involving CNN reporter Jim Acosta did not rule on the overall First Amendment issues involved in the matter, but instead ruled only on the Fifth Amendment issues, which grants people the right to due process.

“The judge’s ruling today hinged on process or really lack of process that CNN’s reporter Jim Acosta was given,” Georgetown law professor Joshua Geltzer told VOA.

He said that although the case was not technically a First Amendment case, it was about the free press.

“Ultimately, when you are looking at due process, you are looking at the interests at stake of the government and of the individual whom the government is taking some action in relation to,” Geltzer said.

The reporter “wasn’t given an opportunity to go through some sort of process that might allow him to be treated fairly by the government as is required in many contexts when the government takes away something of value,” he added.

“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.” – The First Amendment to the U.S. Constitution

1. The five freedoms it protects: speech, religion, press, assembly, and the right to petition the government. Together, these five guaranteed freedoms make the people of the United States of America the freest in the world.
2. Before agreeing to accept the Constitution, the Founders of our democratic republic demanded that these freedoms be protected by an amendment to the original document – the First Amendment.
3. There’s no “legal age” you have to reach to exercise your First Amendment freedoms. They are guaranteed to you the day you’re born. There’s also no citizenship requirement for First Amendment protection. If you’re in the U.S., you have freedom of speech, religion, press, assembly and petition.
4. The First Amendment is neither “left-wing” or “right-wing.” It can be used to push for social and political change, or to oppose change. The First Amendment is for everyone.
5. The First Amendment protects us against government limits on our freedom of expression, but it doesn’t prevent a private employer from setting its own rules.
6. The First Amendment prevents government from requiring you to say something you don't want to, or keeping you from hearing or reading the words of others (even if you never speak out yourself, you have the right to receive information).
7. Students have the right to pray in America’s public schools, as long as there’s no disruption to school operations and no government employees (teachers, coaches) are involved.

Written by Ken Paulson, director of the Free Speech Center 

Looking for a general overview? Here it is, from the First Amendment Encyclopedia.

LINKS

Speech

What does the First Amendment say about freedom of speech? Can speech be restricted, and if so, when? In this overview, a First Amendment scholar explains what sorts of speech are protected, where free expression may be limited, and why “[f]reedom of speech is a core American belief, almost a kind of secular religious tenet, an article of constitutional faith.”

Press

How did freedom of the press come about? Are there restrictions on press freedom? The ways in which this core freedom has developed in law are explained in this overview by a First Amendment scholar. In quotations from one court ruling, “‘[F]reedom of expression upon public questions is secured by the First Amendment’” so that “‘debate on public issues should be uninhibited, robust and wide-open.’”

Religion

The First Amendment introduced bold new ideas to the world: that government must not impose a state religion on the public, or place undue restrictions on religious practice, but must recognize the right of the people to believe and worship, or not, as their conscience dictates. This First Amendment scholar’s overview makes clear the many aspects of our religious freedom, saying, “That bold constitutional experiment in granting religious freedom to all remains in place, and in progress, in the United States.”

Assembly

Our right to gather in peaceful public protest – in marches, rallies and other assemblies – is another core freedom guaranteed by the First Amendment. As a First Amendment scholar says in this overview, “First Amendment freedoms ring hollow if government officials can repress expression that they fear will create a disturbance or offend. Unless there is real danger of imminent harm, assembly rights must be respected.”

Petition

This least-known First Amendment freedom is nevertheless crucial to our democratic republic’s form of government. “Petition is the right to ask government at any level to right a wrong or correct a problem,” writes a First Amendment scholar in this overview detailing how the right of petition works in our government, and the forms it takes.

First Amendment Encyclopedia

A comprehensive research compilation covering all aspects of First Amendment law.

First Amendment Center Archives

Archival site of the Newseum Institute’s First Amendment Center, containing news and commentary on First Amendment issues through 2012.

First Amendment Timeline

Significant historical events, court cases and ideas that have shaped our current system of constitutional First Amendment jurisprudence, compiled by the Newseum Institute’s First Amendment Center.

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