The First Amendment is an intrinsic part of the United States Constitution, but many are unaware of the effect it has on our daily life as people and specifically as students. This is not because we don’t care, but because most people, students especially, are unaware of their rights, especially those given by the First Amendment.
The First Amendment goes as follows:
“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.”
That is what is written in the constitution. But it is not very easy to understand exactly what it is saying about our rights, so let’s break it down piece by piece!
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; “
This means that no law can be made that favors one religion over another. This also means the law cannot stop anyone from practicing their religion. This is so that the government does not act based on religious beliefs that are held by only one group, protecting individual religions and keeping Church and State separated. Whether or not this holds true today will be discussed further in the Religion tab.
“or abridging the freedom of speech,”
This means that the government cannot restrict an individual's speech. This simple sentence seems as though it is clear cut, but the definition of speech is extremely complex when in the context of the first amendment. This is explained in more depth in the Speech tab.
“or of the press;”
This means that the government cannot restrict what the press, such as radio, newspapers, or television news, publishes. This part of the First Amendment factors into censorship and banned books, which we talk about in more detail in both the Press and International tabs.
“ or the right of the people peaceably to assemble,”
This means that people have the right to peacefully protest to demonstrate their opinions about a certain topic in the government without fear of government repercussions. Well, there are supposed to be no repercussions, but we will examine cases where that isn’t true in the Protest tab.
“and to petition the Government for a redress of grievances.”
This is the part of the amendment people forget about most frequently because they think it is the same thing as the right to protest. The difference between petitioning the government and protesting is that the petition is a literal document the people will submit when they are dissatisfied with the government, while a protest is a gathering of people. Petitions tend to be more organized and look for direct action, which is something we discuss further in the Petition tab.
For freedom of religion, it means that the government can not make decisions based on religion or regulate a person’s practice of religion. This is so the government does not oppress or favor any religious group, which would result in unequal treatment under the law.
For freedom of speech, it means the government can not punish someone for speaking against the government or for discussing their opinion on certain laws or government decisions. This allows for the communication of opinion, which in theory, is supposed to better the flow of democracy in the market of ideas. This does not mean speech is not regulated, it just means that it is not regulated by law.
For freedom of the press, this specifically means the government cannot persecute an organization for speaking badly about the government. It also means the government cannot regulate what is said in other types of writing mediums, such as books, movies, music, or plays. This does not mean these are not regulated, it just means they are not regulated by law.
For freedom to protest, this means the government cannot restrict individuals from assembling to peacefully argue for a cause. It also means that the government can not punish people for assembling. Again, protests can indeed be regulated, but they are not supposed to be regulated by law.
For freedom to petition, this means that the people have the right to take legal and professional steps in politics to change something in the government that they are unhappy with. Whether or not they are successful is different.
Now, these are all simplifications of the amendment, as the amendment and how it pertains to historical situations, law, and daily life both locally and internationally is extremely complex. Whether or not these parts of the amendment are actually applied as they are supposed to be is where things can get especially complicated.
The reason it is so important to know what your rights are is that these first amendment rights are under constant attack, with threats coming from every angle to restrict these rights or to oppress them entirely. To learn more about these threats go to the “Threat” tab under the corresponding part of the amendment, or click one of the following links.
Religion: Threats Speech: Threats Press: Threats Protest: Threats Petition: Threats
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