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The First Amendment of the U.S. Constitution protects the rights to freedom of religion and freedom of expression from government interference.
Two clauses in the First Amendment guarantee freedom of religion. The Establishment Clause prohibits the government from passing legislation establishing an official religion or preferring one religion over another. The Court has, however, declared some governmental activity related to religion constitutional. For example, providing bus transportation for parochial school students and the enforcement of “blue laws” are not prohibited. The Free Exercise Clause prohibits the government, in most instances, from interfering with a person's practice of religion.
Freedom of expression consists of the rights to free speech, press, assembly and petition to the government for a redress of grievances, along with the implied rights of free association and belief. The Supreme Court has interpreted the extent of these rights as applying to the federal government, even though they are expressly applicable only to Congress. Furthermore, the Court has interpreted the Due Process Clause of the 14th Amendment as protecting the rights in the First Amendment from interference by state governments.
The most basic component of freedom of expression is the right to free speech. This right allows individuals to express themselves without government interference or constraint. The Court requires the government to provide substantial justification when it interferes. A less-stringent test is applied for content-neutral legislation. The Court also has recognized that the government may prohibit some speech that causes a breach of the peace or violence. The right to free speech includes other mediums of expression that communicate a message.
The right to free press allows people to express themselves through publication and dissemination. It does not afford members of the media any special rights or privileges not afforded to citizens in general.
The right to assemble allows people to gather for peaceful and lawful purposes. The Court has expressly recognized that the rights to freedom of association and belief are implicit in the First, Fifth and 14th amendments. Free assembly does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage in and promote illegal activities.
The right to petition the government for a redress of grievances guarantees the right to ask the government to provide relief for a wrong through litigation or other governmental action. It works with the right of assembly by allowing people to join and seek change from the government.
The right to associate prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group. The Court has found exceptions to this rule when governmental interests in disclosure and registration outweigh interference with First Amendment rights.
Last update: Sept. 25, 2008
The content on this page was developed in partnership with the Legal Information Institute, Cornell Law School.
