The First Amendment lists five individual rights: religious liberty, freedom of speech, freedom of the press, freedom of assembly, and the freedom to petition the government for the redress of grievances (the right to ask the government to fix a problem or change a rule).
Amendment I
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 clause prohibits the federal government from establishing a national religion. Some people refer to this as “separation of church and state,” which is a metaphor paraphrased from Thomas Jefferson. The next part, the Free Exercise Clause, protects Americans’ right to practice religion. As long as a belief is sincerely held, regardless of how uncommon it may be, it will likely be protected by the First Amendment.
“Freedom of speech”, and “speech” include wide ranges of activities, covering more than just spoken and written words. Typically, if an action was designed to send a specific message and if others would understand that message, then it is considered “speech.” But the First Amendment generally only limits government actions that abridge speech, not those of private citizens and organizations. This means that social media platforms, schools, and private companies are usually not bound by the First Amendment.
Additionally, laws and actions that compel speech may infringe on First Amendment rights. For instance, in a 1943 Supreme Court case, the justices decided that schools could not force students to salute the American flag and recite the Pledge of Allegiance. Moreover, if speech includes inciteful words, sincere threats, obscenity, or defamation, it might not be protected under the First Amendment.
In addition to free speech, this amendment also bans the government from restricting a free press. The Framers of the First Amendment believed that a free press with the ability to criticize government actions and officials was a necessity for democracy.
The right of the people to peacefully assemble intertwines with the other rights in the First Amendment, because most assemblies include speech among their participants or directed at audience members. The First Amendment protects the right to assemble in places like streets and parks. However, the government may impose restrictions on the time and place of an assembly, but it cannot impose restrictions on the viewpoints of the assembled group.
The Petition Clause gives people the right to petition the government for a redress of grievances: a formal process used to receive and resolve complaints. However, though citizens have a strong right to petition the government on various matters, the government is not required to consider or respond to those complaints when it comes to policymaking.
Though the First Amendment only bans Congress from passing laws that would violate its terms, the amendment has been understood to prevent all branches of the federal government from infringing on these five protected freedoms. Over time, the Supreme Court has also applied First Amendment restrictions to the states through the Due Process Clause of the Fourteenth Amendment.
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