Archive for the ‘First Amendment’ Category

First Amendment – Text, Origins, and Meaning

Text of Amendment: 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. Jeff Hunter/The Image Bank/Getty Images Origins of the First Amendment

The founding father most concerned--some might say obsessed--with free speech and free religious exercise was Thomas Jefferson, who had already implemented several similar protections in the constitution of his home state of Virginia. It was Jefferson who ultimately persuaded James Madison to propose the Bill of Rights, and the First Amendment was Jefferson's top priority.

The first clause in the First Amendment--"Congress shall make no law respecting an establishment of religion"--is generally referred to as the establishment clause. It is the establishment clause that grants "separation of church and state," preventing--for example--a government-funded Church of the United States from coming into being. More

The second clause in the First Amendment--"or prohibiting the free exercise thereof"--protects freedom of religion. Religious persecution was for all practical purposes universal during the 18th century, and in the already religiously diverse United States there was immense pressure to guarantee that the U.S. government would not require uniformity of belief.

Congress is also prohibited from passing laws "abridging the freedom of speech." What free speech means, exactly, has varied from era to era. It is noteworthy that within ten years of the Bill of Rights' ratification, President John Adams successfully passed an act specifically written to restrict the free speech of supporters of Adams' political opponent, Thomas Jefferson. More

During the 18th century, pamphleteers such as Thomas Paine were subject to persecution for publishing unpopular opinions. The freedom of press clause makes it clear that the First Amendment is meant to protect not only freedom to speak, but also freedom to publish and distribute speech. More

The "right of the people to peaceably assemble" was frequently violated by the British in the years leading up to the American Revolution, as efforts were made to ensure that radical colonists would not be able to foment a revolutionary movement. The Bill of Rights, written as it was by revolutionaries, was intended to prevent the government from restricting future social movements.

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First Amendment - Text, Origins, and Meaning

First Amendment of our countrys Bill of Rights

Freedom of Speech and of the Press: The First Amendment allows citizens to express and to be exposed to a wide range of opinions and views. It was intended to ensure a free exchange of ideas even if the ideas are unpopular.

Freedom of speech encompasses not only the spoken and written word, but also all kinds of expression (including non-verbal communications, such as sit-ins, art, photographs, films and advertisements). Under its provisions, the media including television, radio and the Internet is free to distribute a wide range of news, facts, opinions and pictures. The amendment protects not only the speaker, but also the person who receives the information. The right to read, hear, see and obtain different points of view is a First Amendment right as well.

But the right to free speech is not absolute. The U.S. Supreme Court has ruled that the government sometimes may be allowed to limit speech. For example, the government may limit or ban libel (the communication of false statements about a person that may injure his or her reputation), obscenity, fighting words, and words that present a clear and present danger of inciting violence. The government also may regulate speech by limiting the time, place or manner in which it is made. For example the government may require activists to obtain a permit before holding a large protest rally on a public street. Freedom of Assembly and Right to Petition the Government: The First Amendment also protects the freedom of assembly, which can mean physically gathering with a group of people to picket or protest; or associating with one another in groups for economic, political or religious purposes.

The First Amendment also protects the right not to associate, which means that the government cannot force people to join a group they do not wish to join. A related right is the right to petition the government, including everything from signing a petition to filing a lawsuit.

Freedom of Religion: The First Amendment's free exercise clause allows a person to hold whatever religious beliefs he or she wants, and to exercise that belief by attending religious services, praying in public or in private, proselytizing or wearing religious clothing, such as yarmulkes or headscarves. Also included in the free exercise clause is the right not to believe in any religion, and the right not to participate in religious activities.

Second, the establishment clause prevents the government from creating a church, endorsing religion in general, or favoring one set of religious beliefs over another. As the U.S. Supreme Court decided in 1947 in Everson v. Board of Education of Ewing Township, the establishment clause was intended to erect "a wall of separation between church and state," although the degree to which government should accommodate religion in public life has been debated in numerous Supreme Court decisions since then.

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First Amendment of our countrys Bill of Rights

First Amendment news, articles and information:

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The First Amendment, as others see it

5:48 p.m. CDT July 30, 2015

Gene Policinski Gene Policinski writes the First Amendment column distributed by Gannett News Service. (Gannett News Service, Sam Kittner/First Amendment Center/File)(Photo: SAM KITTNER / GNS)

Theres no doubt that a huge number of Americans are unable to name the five freedoms protected by the First Amendment national survey results each year since 1997 sadly leave little doubt about that circumstance.

On a more positive note, when reminded of the core freedoms of religion, speech, press, assembly and petition, our fellow citizens line up behind them in large numbers.

But when it comes to how those freedoms apply in everyday life? Well, its not that theres less support. Rather, less agreement.

About a month ago, the Newseum Institutes First Amendment Center published the results of its annual State of the First Amendment survey and the findings of a follow-up survey that focused on issues around display of the Confederate battle flag. The former was taken before a U.S. Supreme Court decision that allows Texas officials to ban display of the flag on state license plates, and before the killings in Charleston, South Carolina, by an apparent racist who had posed for a photo displaying the flag. The latter survey was taken after both had occurred.

In sum, the two survey results showed a shift in how the public viewed the Texas auto tag ban swinging from opposed to support. And the second survey found that while a majority of white and Hispanic respondents did not attach the same racist meaning to the flag as did black respondents, all three groups favored taking down the battle flag from public monuments and government buildings and approved of private companies removing flag-related items from store offerings.

Some interesting reactions to the reporting of those results have come via email.

In one , noted as a Letter to the Editor, in which the writer complained that the reporting, citing this column, seems to be saying that as long as a majority believes then the First Amendment does not apply. Well, thats hardly the case. Freedom of speech means that you and I and others get to say what we will regardless of majority opinion including, if we wish, public and vigorous display of the Confederate battle flag.

The First Amendment protects our right to speak, but doesnt silence others who are just as free to disagree, criticize and oppose.

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The First Amendment, as others see it

– New England First Amendment Coalition

About the New England First Amendment Coalition

The New England First Amendment Coalition defends, promotes and expands public access to government and the work it does. The coalition is a broad-based organization of people who believe in the power of transparency in a democratic society. Its members include lawyers, journalists, historians, librarians and academicians, as well as private citizens and organizations whose core beliefs include the principles of the First Amendment. The coalition aspires to advance and protect the five freedoms of the First Amendment, and the principle of the publics right to know, in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. In collaboration with other like-minded advocacy organizations, NEFAC also seeks to advance understanding of the First Amendment across the nation and freedom of speech and press issues around the world.

2015 New England First Amendment Awards Complete Coverage

Sunshine Week 2015| NEFAC joined open-government advocates across the country to celebrate the10th annual Sunshine Week. This national campaign is an initiative to promote a dialogue about the importance of transparency and freedom of information. [More]

New England First Amendment Institute| Our annual institute provides editors and reporters with the support and training necessary to become accomplished investigative journalists, well versed in the access laws that govern todays difficult reporting landscape. [More]

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- New England First Amendment Coalition