Introduction

The Constitution of the United States of America is a written document that took effect in 1789. It sets out the principles by which the new nation was to be governed. The founding fathers were keen to preserve the principle of individual freedom with the First Amendment, and so they enshrined in law certain limits on the role and scope of the federal government.

A series of amendments have been added to the Constitution over the years, each designed to clarify the government’s role in particular circumstances. The first ten amendments together comprise the American Bill of Rights.

The First Amendment is about protecting freedoms such as free speech, religious freedom, and press freedom.

Guaranteed freedoms

The First Amendment of the Constitution of the United States of America guarantees American citizens a series of basic rights. These are the freedom to practice a religion of your choosing, the freedom to speak freely, the freedom of the press, the freedom to assemble for a common purpose, and the freedom to petition the government on a cause close to your heart. Together these freedoms are termed ‘freedom of expression.’

Therefore, the First Amendment ensures that no government can legislate to remove any of these basic freedoms. By protecting the individual’s freedom and limiting the power of the federal government, the first amendment clearly established the principles for the United States’ future governance.

The First Amendment seems to be quite clear in setting out the basic freedoms enjoyed by individuals. However, as time has passed and changes and developments occurred, it has been necessary for courts and legislators to make clear exactly what is protected and what is not. The First Amendment interpretation has led to landmark court cases and subsequent legislation to ensure it is up-to-date.

Freedom of religion

One area where doubts have been expressed about the interpretation of the First Amendment is concerning religion. Were the founding fathers concerned only with established religions at that time? Were they only considering the various factions within the Christian religion? Did they grant religious freedom to all, even if the religion in question was unusual? For example, do cults enjoy the same freedom as the main religions? On several occasions, the Supreme Court has ruled on religious freedom matters, although some say, not always consistently.

Free speech

In the past, the Supreme Court in the US has guaranteed political free speech due to the First Amendment. The protection of political speech offered by its decisions ensures that the government cannot interfere to limit the right to express political opinions. The areas where the Supreme Court admits government interference is legitimate are inciting illegal acts, inciting violence, hate speech, obscene language and pornography, other obscene material, symbolic means of expression (for example, burning draft cards), and commercial speech. This last one allows the government to legislate to protect consumers from misleading advertisements.

Freedom of the press

Similar conventions brought by the First Amendment cover press freedom and the enforcement of censorship. The Supreme Court has moved in the past to protect the press’s rights to publish material that might be libelous. It is up to the injured party to prove that the statements were not true and were published maliciously. The government is only permitted to step in and prevent publication of any item if it can be proved there is ‘clear and present danger’ to national security by its appearing in print.