What is the meaning of the 1st Amendment?

The First Amendment, passed by Congress on Sept. 25, 1789 and ratified on Dec. 15, 1791, protects the freedoms of Speech, Religion, Press, Assembly, and Petition for Americans.

Key Takeaways

• The First Amendment, passed by Congress on Sept. 25, 1789 and ratified on Dec. 15, 1791, protects the freedoms of Speech, Religion, Press, Assembly, and Petition for Americans.
• Collectively these freedoms protected by the First Amendment are known as “freedom of expression.”
• The First Amendment is a key part of the Western liberal conception of limited government.

Understanding the First Amendment

The First Amendment is the first of the original 10 amendments that constitute the Bill of Rights in the United States Constitution which were designed to protect a number of fundamental rights for Americans. The First Amendment, however, is not absolute. That is why there are prohibitions against knowingly false statements (libel laws), obscenity, and inciting violence. You cannot, for instance, yell “Fire!” in a crowded theater.

Freedoms of speech, press, right to assemble peacefully, and to petition the government for a redress of grievances are vital for a functioning democracy. Freedom of religion is enshrined by the First Amendment clause that prohibits the government from establishing one set religion for all and allows people the free practice of the religion of their choosing. The First Amendment is a hallmark of the conception of limited government.

Collectively the freedoms of Speech, Religion, Press, Assembly, and Petition are known as “freedom of expression.” From the 20th century onward, many individuals and entities have legally challenged the government when they believed their rights were under attack. In response to these legal challenges, federal courts ranging from the district courts, courts of appeals to the U.S. Supreme Court, as well as the state courts, have issued judgments in landmark First Amendment cases.

The First Amendment protects against the government penalizing expression, but it does not protect against businesses doing so.

Examples of First Amendment Cases

Many of these cases deal with freedom of speech, which is often viewed as the foundation on which the other First Amendment freedoms are based. In a business context, the right to free speech often causes the greatest controversy. In the workplace it gives rise to questions such as whether an employee can be fired for participating in a political rally or for speaking to the press about work conditions. In a more modern context, can someone be terminated for a non-work-related post on social media?

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.

What does the 1th Amendment mean in simple terms?

What is the general purpose of the First Amendment?