1st Amendment – Constitution – Laws
First Amendment: Religion and ExpressionWhat is the First 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.The First Amendment Defined:The First Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.Stipulations of the 1st Amendment:The First Amendment to the United States Constitution prohibits the passing or creation of any law which establishes a religious body and directly impedes an individuals right to practice whichever religion they see fit.The First Amendment to the United States Constitution is a part of the Bill of Rights and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, the right peaceable assemble, the freedom of the press, or which prohibits the petitioning for a governmental evaluation of grievances.In its infancy, the First Amendment only applied to laws enacted by Congress; however, the following Gitlow v. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.The Establishment clause of the First Amendment is the primary pronouncement in the Amendment, stating that Congress cannot institute a law to establish a national religion for the preference of the U.S. government states that one religion does not favor another. As a result, the Establishment Clause effectively created a wall of separation between the church and state. How the First Amendment was created:When the original constitution was created there was significant opposition due to the lack of adequate guarantees for civil freedoms. To offer such liberties, the First Amendment (in addition to the rest of the Bill of Rights) was offered to the states for ratification on September 25, 1789 and later adopted on December 15, 1791.Court Cases tied into the 1st AmendmentIn Sherbert v. Verner, the Supreme Court applied the strict scrutiny standard of review to the Establishment Clause, ruling that a state must demonstrate an overwhelming interest in restricting religious activities.In Employment Division v Smith, the Supreme Court went away from this standard by permitting governmental actions that were neutral regarding religious choices.Debs v. United States on June 16, 1919 tested the limits of free speech in regards to the clear and present danger test.1st Amendment: Freedom of SpeechFreedom of speech in the United States is protected by the First Amendment and is re-established in the majority of state and federal laws. This particular clause typically protects and individuals right to partake in even distasteful rhetoric, such as racist or sexist comments and distasteful remarks towards public policy.Speech directed towards some subjects; however, such as child pornography or speech that incites an imminent threat, as well commercial forms of speech are regulated.State Timeline for Ratification of the Bill of RightsNew Jersey:November 20, 1789; rejected article IIMaryland:December 19, 1789; approved allNorth Carolina:December 22, 1789; approved allSouth Carolina: January 19, 1790; approved allNew Hampshire: January 25, 1790; rejected article IIDelaware: January 28, 1790; rejected article INew York: February 27, 1790; rejected article IIPennsylvania: March 10, 1790; rejected article IIRhode Island: June 7, 1790; rejected article IIVermont: November 3, 1791; approved allVirginia: December 15, 1791; approved allGeorgia, Massachusetts and Connecticut did not ratify the first 10 Amendments until 1939
First Amendment: Religion and ExpressionWhat is the First 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.
The First Amendment Defined: The First Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.
The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.
Stipulations of the 1st Amendment: The First Amendment to the United States Constitution prohibits the passing or creation of any law which establishes a religious body and directly impedes an individuals right to practice whichever religion they see fit.
The First Amendment to the United States Constitution is a part of the Bill of Rights and the amendment which disables an entity or individual from practicing or enforcing a religious viewpoint which infringes on the freedom of speech, the right peaceable assemble, the freedom of the press, or which prohibits the petitioning for a governmental evaluation of grievances.
In its infancy, the First Amendment only applied to laws enacted by Congress; however, the following Gitlow v. New York, the Supreme Court developed that the Due Process Clause attached to the Fourteenth Amendment applies the fundamental aspects of the First Amendment to each individual state, including all local governments within those states.
The Establishment clause of the First Amendment is the primary pronouncement in the Amendment, stating that Congress cannot institute a law to establish a national religion for the preference of the U.S. government states that one religion does not favor another. As a result, the Establishment Clause effectively created a wall of separation between the church and state.
How the First Amendment was created: When the original constitution was created there was significant opposition due to the lack of adequate guarantees for civil freedoms. To offer such liberties, the First Amendment (in addition to the rest of the Bill of Rights) was offered to the states for ratification on September 25, 1789 and later adopted on December 15, 1791.
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1st Amendment - Constitution - Laws
- Ilya Shapiro is back . . . with a new book First Amendment News 458 - Foundation for Individual Rights and Expression - February 20th, 2025 [February 20th, 2025]
- People exercising their First Amendment rights aren't 'wreckers' | Letters - South Bend Tribune - February 20th, 2025 [February 20th, 2025]
- Trump bans AP and words he doesn't like. 'Free speech' was never about First Amendment. | Opinion - USA TODAY - February 20th, 2025 [February 20th, 2025]
- Silenced: The Joby Weeks Case and the Erosion of First Amendment Rights - NewsBreak - February 20th, 2025 [February 20th, 2025]
- White House barring AP from press events violates the First Amendment - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- A New Hampshire town and a bakery owner are headed for trial in a First Amendment dispute - The Associated Press - February 16th, 2025 [February 16th, 2025]
- New Hampshire town and bakery take their 'First Amendment' legal battle over colossal pastry mural to trial - New York Post - February 16th, 2025 [February 16th, 2025]
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- First Amendment law legend: Fight back - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]
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- Legendary First Amendment lawyer begs press to fight Trumps attacks - Freedom of the Press Foundation - February 16th, 2025 [February 16th, 2025]
- Timothy Zicks Executive Watch: Introduction First Amendment News 457 - Foundation for Individual Rights and Expression - February 16th, 2025 [February 16th, 2025]
- Trump accused of violating First Amendment after AP reporter barred from event over Gulf of America renaming - The Independent - February 16th, 2025 [February 16th, 2025]
- Editorial: Trump goes to war on the First Amendment - Detroit News - February 16th, 2025 [February 16th, 2025]
- Voices are meant to be heard: the First Amendment and you - Northern Iowan - February 16th, 2025 [February 16th, 2025]
- CBS News Lesley Stahl to be honored at First Amendment Awards - Editor And Publisher Magazine - February 16th, 2025 [February 16th, 2025]
- The AP says Trump blocking its reporter from Oval Office over not using Gulf of America violates the First Amendment - KWTX - February 16th, 2025 [February 16th, 2025]
- Trump takes another dump on the First Amendment - Daily Kos - February 16th, 2025 [February 16th, 2025]
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- Coming soon: Executive Watch Tracking the Trump Administrations free speech record First Amendment News 456 - Foundation for Individual Rights and... - February 7th, 2025 [February 7th, 2025]
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- First Amendment Audit of ELPD Draws Widespread Attention Online - East Lansing Info - February 7th, 2025 [February 7th, 2025]
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- FOX News Trey Yingst to be honored at First Amendment Awards - Editor And Publisher Magazine - February 7th, 2025 [February 7th, 2025]
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- Stevens: Oklahoma tests First Amendment in move to fund Catholic charter school - The Post and Courier - February 7th, 2025 [February 7th, 2025]
- OPINION: Keeping the First Amendment on Facebook - Lebanon Reporter - February 7th, 2025 [February 7th, 2025]
- RFK Jr. wants to ban pharma ads on TV. The First Amendment may have something to say. - MSNBC - February 1st, 2025 [February 1st, 2025]
- Standing Up for the First Amendment: The Roundtable Submits Comment Letter Opposing Amicus Brief Disclosure Requirements - Philanthropy Roundtable - February 1st, 2025 [February 1st, 2025]
- Trial begins in First Amendment suit against St. John the Baptist Parish - The Lens NOLA - February 1st, 2025 [February 1st, 2025]
- RCFP reviews Pam Bondis record on newsgathering, First Amendment issues - Reporters Committee for Freedom of the Press - February 1st, 2025 [February 1st, 2025]
- Texas county challenges First Amendment ruling on library book bans in 5th Circuit hearing - Yahoo! Voices - February 1st, 2025 [February 1st, 2025]
- Trump "Global Gag Rule" as to Abortion Likely Doesn't Violate the First Amendment - Reason - February 1st, 2025 [February 1st, 2025]
- It was a violation of our First Amendment rights: FIU students react to the TikTok ban - PantherNOW - February 1st, 2025 [February 1st, 2025]
- CWRU First Amendment clinic receives crucial grant from the Stanton Foundation - Crain's Cleveland Business - February 1st, 2025 [February 1st, 2025]
- Matt Gaetz says the First Amendment was "harmed gravely" by January 6 prosecutions - Media Matters for America - January 26th, 2025 [January 26th, 2025]
- New FCC Chair Revives Complaints About ABC, CBS And NBC Content That His Predecessor Rejected As "At Odds With The First Amendment" -... - January 26th, 2025 [January 26th, 2025]
- Trumps stated promise: Stop all government censorship and his free speech Executive Order First Amendment News 454 - Foundation for Individual Rights... - January 26th, 2025 [January 26th, 2025]
- We Must Protect The First Amendment At All Costs vs. No Thanks, Ill Just Take My Freedoms For Granted Until They Disappear - The Onion - January 26th, 2025 [January 26th, 2025]
- TikTok and the First Amendment Robert G. Natelson - Law & Liberty - January 26th, 2025 [January 26th, 2025]
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- UChicago Student Sues University, Alleging First Amendment and Tenant Rights Violations - The Chicago Maroon - January 26th, 2025 [January 26th, 2025]
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- Jerry Zahorchak | Keeping the First Amendment on Facebook | Columns | tribdem.com - TribDem.com - January 26th, 2025 [January 26th, 2025]
- 2 blockbuster cases about the First Amendment and online speech - The Hill - January 26th, 2025 [January 26th, 2025]
- The First Amendment is First for a Reason - The Wilson Quarterly - January 26th, 2025 [January 26th, 2025]
- Takeaways from the Supreme Courts TikTok decision and what it may mean for the First Amendment - CNN - January 19th, 2025 [January 19th, 2025]
- Oral Argument in TikTok v. Garland: Does the First Amendment Apply, and How? - The Federalist Society - January 19th, 2025 [January 19th, 2025]
- TikTok, HamHom, and the First Amendment - Reason - January 19th, 2025 [January 19th, 2025]
- Supreme Court weighs First Amendment rights and porn in Texas case - NPR - January 19th, 2025 [January 19th, 2025]
- "Strong stand for the First Amendment": TikTok announces U.S. return after Trump promise to stay ban - Salon - January 19th, 2025 [January 19th, 2025]
- FCCs Rosenworcel Takes Parting Swipe at Incoming Trump Administration Over First Amendment - TV Technology - January 19th, 2025 [January 19th, 2025]
- Upholding TikTok ban, Supreme Court attacks First Amendment ahead of Trump inauguration - WSWS - January 19th, 2025 [January 19th, 2025]
- Rand Paul Reacts to TikTok Ruling: 'Violation of the First Amendment' - Newsweek - January 19th, 2025 [January 19th, 2025]
- Supreme Court Denies TikTok First Amendment Pass, Effectively Shuttering the Social Media Platform in the U.S. on Jan. 19 Unless Sold to Third Party -... - January 19th, 2025 [January 19th, 2025]
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- Claim Against School Board That Refused to Display "Satan Loves the First Amendment" Banner Can Go Forward - Reason - January 6th, 2025 [January 6th, 2025]
- First Amendment gives way to national security: Countdown on for TikTok - Virginia Mercury - January 6th, 2025 [January 6th, 2025]
- Settlement puts Disneys business interests above First Amendment - Freedom of the Press Foundation - January 6th, 2025 [January 6th, 2025]
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- Sullivan and the Central Meaning of the First Amendment Lee Levine & Matthew Schafer - Law & Liberty - January 1st, 2025 [January 1st, 2025]
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- FIRE to SCOTUS: TikTok ban violates Americans' First Amendment rights - Foundation for Individual Rights and Expression - January 1st, 2025 [January 1st, 2025]
- Ald. Jim Gardiner Agrees to Pay $157K to Settle Lawsuit Claiming He Violated First Amendment by Blocking Critics From Official Facebook Page - WTTW... - January 1st, 2025 [January 1st, 2025]
- First Amendment the first casualty in Oklahoma school chiefs weird war on woke | Opinion - Wichita Eagle - January 1st, 2025 [January 1st, 2025]
- Donald Trump Asks Supreme Court to Delay TikTok Ban Over First Amendment Concerns - TheWrap - January 1st, 2025 [January 1st, 2025]
- How Washington State Stifles the First Amendment for the Incarcerated - Solitary Watch - December 22nd, 2024 [December 22nd, 2024]
- Opinion | Theres Still Time for the Senate to Support the First Amendment - The New York Times - December 22nd, 2024 [December 22nd, 2024]
- First Amendment Censorship Claims Against Stanford Internet Observatory Can Go Forward to Discovery as to Jurisdiction and Standing - Reason - December 22nd, 2024 [December 22nd, 2024]
- S. Ct. Will Hear First Amendment Challenge to TikTok Divestment on Jan. 10 - Reason - December 22nd, 2024 [December 22nd, 2024]