First Amendment

What is First Amendment?

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

Understanding 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, courts ranging from the U.S. Supreme Court to federal courts of appeals, district courts, and 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?