What Is The First Amendment Called – The First Amendment to the United States Constitution protects freedom of speech, religion, and the press. It also protects the right to protest peacefully and petition the government. The amendment was ratified in 1791 along with nine amendments that included the Bill of Rights, a written document protecting the liberties of citizens under United States law. The meaning of the First Amendment has been the subject of constant interpretation and debate over the years. Notable Supreme Court cases have dealt with the right of citizens to protest against the United States in foreign wars, flag burning, and the publication of secret government documents.
In the year In the summer of 1787, a group of politicians including James Madison and Alexander Hamilton met in Philadelphia to draft a new US Constitution.
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The Anti-Federalists, led by Virginia’s first governor, Patrick Henry, opposed the ratification of the Constitution. They believed that the new constitution gave too much power to the federal government at the expense of the states. They also argued that the constitution does not protect individual human rights.
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The debate on the approval of the constitution in various regions is based on the approval of the Bill of Rights, which protects the basic rights of citizens according to the law. Fearing defeat, pro-Constitutionalist politicians who called themselves Federalists agreed to the Anti-Federalists’ Bill of Rights.
James Madison drafted most of the Bill of Rights. Madison was a representative from Virginia, who later became the fourth president of the United States. In the year The first United States Congress, held in 1789-1791 – created the Bill of Rights during the first two years of President George Washington.
In the year The Bill of Rights, introduced to Congress in 1789 and ratified on December 15, 1791, contained the first ten amendments to the US Constitution.
“Congress shall make no law respecting an establishment of religion or abridging the free exercise thereof. or restrict freedom of speech or press; Or the right of people to peacefully assemble and demand redress for government abuses.
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While the First Amendment protected freedoms of speech, religion, press, assembly, and petition, subsequent amendments to the Bill of Rights sought to protect other American values, including the Second Amendment’s right to bear arms and the Sixth Amendment’s right to trial by jury.
The First Amendment guarantees freedom of speech. Freedom of speech gives Americans the right to express their opinions without fear of government interference. This freedom of speech is the most basic ingredient.
The United States Supreme Court has often had difficulty deciding what types of speech are protected. For example, material legally labeled as obscene has historically been excluded from First Amendment protection, but determining what qualifies as obscene is problematic. Actions that provoke speech that could harm others – true incitement and/or intimidation – are also not protected, but again the determination of what words qualify as true incitement is made on a case-by-case basis.
This freedom is similar to freedom of speech as it allows people to express their opinions in print.
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There are certain limits to the freedom of the press. False or defamatory statements—called defamation—are not protected under the First Amendment.
The First Amendment, while guaranteeing freedom of religion, prohibits the government from establishing a “state” religion and from favoring one religion over another.
The First Amendment protects the freedom to peaceably assemble or assemble, or to assemble with groups of people for social, economic, political, or religious purposes. It also protects the right to protest against the government.
1919: In this case, the Supreme Court upheld the conviction of Socialist Party activist Charles Schenck after he distributed leaflets urging young men to avoid the draft during World War I.
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The decision clarified when the government can limit freedom of speech, creating a “clear and present threat” criterion to help determine restrictions on speech. In this case, the Supreme Court declared the protest project dangerous to national security.
The Pentagon Papers were top-secret Defense Department research into America’s political and military involvement in Vietnam from 1945 to 1967. Excerpts from the Pentagon Papers show how the presidential administrations of Harry Truman, Dwight D. Eisenhower, John F. Kennedy and Lyndon B. Johnson misled the public about America’s involvement in Vietnam.
In the year In 1990, young communist Gregory Lee Johnson burned the flag at the 1984 Republican National Convention in Dallas, Texas, to protest the administration of President Ronald Reagan.
The Supreme Court overturned a Texas court’s decision that Johnson violated the law by desecrating the flag. This Supreme Court case struck down laws prohibiting flag burning in Texas and 47 other states.
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(1878): This Supreme Court case tested the limits of religious freedom in America and upheld a federal law banning polygamy. The Supreme Court has ruled that the First Amendment prohibits the government from regulating beliefs, but not actions such as marriage.
(1961): Supreme Court upholds Pennsylvania law requiring stores to be closed on Sundays.
(1963): The Supreme Court ruled that states could not require a person to renounce his religious beliefs in order to receive benefits. In this case, Adele Sherbert, a Seventh-day Adventist, worked in a textile factory. When her employer changed the five-day work week to a six-day work week, she was fired for refusing to work on Saturdays. When she applied for unemployment benefits, a South Carolina court denied her claim.
(1971): This Supreme Court decision struck down a Pennsylvania law that allowed the state to pay Catholic schools the salaries of teachers who taught in those schools. This Supreme Court case established the “lemon test” to determine when a state or federal law violates the Establishment Clause — the First Amendment’s right to state or fund a state religion.
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In the year In the first case
The Supreme Court has ruled that erecting a six-foot Ten Commandments monument in the Texas state capital is unconstitutional. in
, the U.S. Supreme Court ruled that two large, sealed copies of the Ten Commandments in Kentucky courthouses violated the First Amendment.
When an Alabama district court ordered the NAACP to cease operations in the state and called for the NAACP to release records, including membership lists, the NAACP took the case to the Supreme Court. The court found support from the NAACP, which Judge John Marshall Harlan II wrote: “The court recognized the important relationship between freedom of association and privacy in association.”
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On March 2, 1961, 187 black students marched from Zion Baptist Church to the South Carolina State House and were arrested for disturbing the peace. In an 8-1 decision, the Supreme Court overturned the conviction, saying the state violated the students’ freedom of expression, assembly and petition. And we respect our nation’s commitment to the rule of law.
Every year the American Bar Association sets a theme for Law Day, this year’s theme is “Free Speech, Free Press, Free Society.”
As Americans, we have the freedom of speech, free press, and free society guaranteed by the First Amendment to the Constitution.
However, a 2017 survey by the Annenberg Center for Public Policy found that more than a third of Americans could not identify any First Amendment freedoms.
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Law Day is an opportunity to pause and reflect on the freedoms we often take for granted.
While these rights are not unlimited—for example, employers may require certain professional standards at work, and profanity is not protected—the Supreme Court has upheld a broad range of protected speech. Their verdict allowed students wearing black bracelets to protest war, silence, hate speech and internet posts.
Founder Ben Franklin, who recognized the importance of this freedom, said, “Anyone who wants to attack the freedom of a nation must begin by subduing the freedom of speech.”
According to a 2017 Freedom House report, only 13 percent of the world’s population has access to a free press.
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At a time when the press is being criticized and its credibility called into question – ironically, by using the First Amendment right to free speech – we must remember that a free press is the cornerstone of representative government.
Famed reporter Walter Cronkite said, “Freedom of the press is essential not only to democracy, but to democracy itself.”
Some of these responsibilities include respecting the rights, beliefs, and opinions of others. Stay up-to-date on issues related to our community; and participation in the democratic process.
Freedom of speech and freedom of the press allow us to be active and informed citizens with information we can use in our daily lives and when electing our government representatives.
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By increasing our awareness of the benefits of freedom of speech and the press, we appreciate our freedom more.
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