A Focus on Amendment 1

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.


Breakdown...

Basically the first Amendment protects the right of freedom of expression, speech, press, assembly, and petition the government for a redress of grievances and implied rights of association and belief.

Freedom of religion:

The government can't establish an official religion.
Government enforces "separation of church and state.
Government can't interfere with individuals practice of religion.

Freedom of expression:

Basically freedom of speech, express yourself without constraint or interference from government.
The Supreme Court needs substantial justification for interference with the right of free speech.
Government may prohibit some speech that can cause a breach of the peace or violence.
The level of protection speech receives depends on the forum in which it takes place.

Right to assemble:

Right to gather for peaceful lawful purposes.
Government may prohibit people from associating in groups that promote illegal activities.

Right to petition:

Right to ask the government to provide relief for a wrong through courts.
Allows people to join and seek change from government.

An example of freedom of speech and religion compromised.

 Billy Gobitis, a ten-year-old Pennsylvania public school student, refused to salute the American flag because he considered it to be against the 2nd Commandment of the Bible. Billy argued that his First Amendment rights to free speech and religious exercise meant the government could not force him to participate in the daily ceremony. The Court ruled against him, but three years later (1940) reversed itself in a similar case, finding that the First Amendment protected students’ rights to refrain from saluting the flag.

A video about the Minersville  V. Gobitis case of 1940. Showing how Amendment 1 can protect our freedom of speech and religion.