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The
1st Amendment
The
1st Amendment is the most well known to Americans of all the amendments
in the Bill of Rights. It contains some of the most familiar phrases in
political discussion, such as freedom of religion, freedom of speech
and freedom of the press. The 1st Amendment reads like this:
"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 1st
Amendment
So
what exactly does the 1st Amendment say and how does it apply to people
today? Does it have relevance to you today? It sure does. In fact, it
affects just about everything you do. This page will address the
purposes of the seven clauses of the 1st Amendment.
The 1st Amendment has seven sections. This page has a brief description
of each section with links to more in depth discussions.
Seven
Sections of the 1st Amendment
Opening
Phrase
The Opening Phrase of the 1st Amendment says "Congress shall make no law."
This specifically prohibits Congress from making laws interfering with
the rights mentioned in this amendment. It does not however, prohibit
the states from making such laws, nor does it prohibit individuals from
restricting these rights to those who may be under their influence. Click
here to learn
more about the Opening Phrase of the 1st Amendment.
Establishment
Clause
The Establishment Clause is the part of the 1st Amendment that says
Congress shall make no law "respecting
an establishment of religion." This is a very crucial
part of the American Constitution. It prohibits the government from
establishing a state religion or denomination and from directing people
what they must believe or how they can express those beliefs.
Without the Establishment Clause, the government could choose a state
religion and force everyone to participate in it. It could also punish
anyone who didn't adhere to its chosen religion.
This clause has been the focus of much debate in the last half century.
Some
Americans believe that the government must make certain allowances for
religious expression because Americans are a very religious people.
Others believe that whenever the government is concerned, absolutely
all religious expression must be suppressed in order to comply with the
Establishment Clause. Learn
more about the Establishment Clause here.
Free
Exercise Clause
The Free Exercise Clause is the part of the 1st Amendment that says
Congress shall make no law respecting the establishment of religion or "the free exercise thereof." This
phrase deals with the restriction on Congress to regulate anyone's
religious practices.
In general, Congress cannot tell people how they can or cannot express
their religious beliefs. Such things as telling people when or how to
pray, when they should go to church or to whom they should pray, are
off limits to lawmakers.
In general, this is the case, but sometimes, minority religious groups
may want to practice something that is not generally accepted or that
the state
has a very strong interest in regulating. In these cases, at times, the
Supreme Court has ruled that the Free Exercise Clause does not apply.
It does not give free license to any behavior that someone says is
their religious belief. For
more information on the Free Exercise Clause, please click here.
The Freedom
of Speech Clause
The Freedom of Speech Clause is the part of the 1st Amendment that says
"Congress shall make no law... abridging
the freedom of speech."
This is one of the protections in the Constitution that Americans hold
most dear. They value it because it allows them to speak out against
government policies they don't like. It also allows them to express the
religious beliefs of their choosing.
Negatively speaking, many Americans abuse this right by slandering
people they disagree with, or using ugly and offensive language, racial
epithets or hateful language about people who are different than they
are.
Generally, freedom of speech is considered to be not only the words
people speak, but any type of expression that is used to convey an
idea. Such things as picketing, wearing symbols or burning the flag are
considered protected forms of speech because they are expressing the
ideas of the people participating in them. You
can learn more about the Freedom of Speech Clause by clicking here.
Freedom of
the Press Clause
The Freedom of the Press Clause states that "Congress shall make no
law... abridging the freedom... of
the press."
This was a very important principle to the Founding Fathers of America
because of the importance the press played during the Revolutionary War.
Without the press, the Founding Fathers would have
found it very difficult to distribute their views to people in other
parts of the country. The press turned out to be a very important
instigation in getting Americans to consolidate their views against
England and in spreading the concepts that would justify a break with
England.
English history contained no freedoms for the press
whatsoever. All publications were subject to governmental review before
publication. Criticisms of the government were strictly prosecuted as
sedition. All Americans wanted the right to criticize their government
freely as well as discuss other topics whenever they chose. To
learn
more about the Freedom of the Press Clause please click here.
Freedom
of Assembly Clause
The
Freedom of Assembly Clause is the part of the First Amendment that
reads like this "Congress shall make no law... abridging... the right of the people
peaceably to assemble..." This clause is also sometimes
referred to as the Freedom of Association Clause. This clause protects
the right to assemble in
peace to all Americans.
The Freedom of Assembly was very important to early Americans because
without the right to assemble, they could not coordinate their
opposition to the British government. The Freedom of Assembly was
recognized to be of utmost importance if the Americans were to be
successful in establishing a government of the people. You
can read more about the Freedom of Assembly Clause here.
Freedom
of Petition Clause
The Freedom of Petition Clause of the 1st Amendment reads like this:
"Congress shall make no law... abridging the freedom... of the
people... to
petition the Government for a redress of grievances."
The freedom to petition the government was very important to early
Americans because of their experience with trying to get King George
III and Parliament to respond to their grievances. The colonists were
so angry about the Monarchy's refusal to acknowledge their grievances
that they mentioned this fact in the Declaration of Independence.
The freedom to petition the government for redress of grievances has
come
to include the right to do such things as picketing, protesting,
conducting peaceful sitins or boycotts and addressing government
officials through any media available. You
can read more about the Freedom of Petition Clause here.