Importance of the First Amendment in America

Diamond Hubbard

North Carolina A&T State University

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Introduction

The First Amendment states that 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. Freedom of religion allows people to believe and practice whatever

religion they want. Freedom of speech and press allows people to voice their opinions publicly

and to publish them without the government stopping them. Freedom of assembly allows people

to gather in groups as long as they are peaceful. And the right to petition the government makes

it possible for people to lobby the government, point out where it does not follow its own laws,

and to sue if a wrong has occurred (VOA 2018).

Religion

In the United States, freedom of religion is an important law of the First Amendment, I

say this because before the First Amendment in the early 1700s and before freedom of religion

was not exercised in the U.S. in the year 1649, Colonial Maryland passed the Religious

Toleration Act, which could also be called an inclusive Christian toleration act as it still ordered

the death penalty for non-Christians (Head 2019). In 1787, Article VI, section 3 of the U.S.

Constitution outlaws the use of religious tests as a criterion for public office: The Senators and

Representatives, and the Members of the several State Legislatures, and all executive and

judicial Officers, both United States and of the several States, shall be bound by Oath or

Affirmation, to support this Constitution; but no religious test shall ever be required as a

qualification to any office or public trust under the United States. This event was a fairly

controversial idea, almost every, president of the past hundred years has voluntarily sworn their
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oath of office on the Bible, the only president to publicly and specifically swear their oath on the

Constitution rather than the Bible was John Quincy Adams (Head 2019).

Freedom of Speech

Freedom of expression is a basic human right. It reinforces all other human rights,

allowing society to develop and progress. The ability to express our opinion and speak freely is

essential to introduce change in society (Timms 2016). One of the founding principles of the

United States that Americans cherish is the right to freedom of speech. Idolized, in the First

Amendment to the Constitution, freedom of speech grants all Americans the liberty to criticize

the government and speak their minds without fear of being censored or persecuted. Even though

the concept of freedom of speech seems quite simple, in reality, there are complex lines that can

be drawn around what kinds of speech are protected and in what setting. The Supreme Court

declared in the case Schenck v. the United States in 1919 that individuals are not entitled to

speak about “clear and present danger” to society. For example, a person cannot falsely yell

“fire” in a crowded theater because that speech doesn’t contribute to the range of ideas being

discussed in society, yet the risk of someone getting injured is high. However, in Brandenburg v.

Ohio in 1969, the court declared that even inflammatory speech, such as a racist language by a

leader of the Ku Klux Klan, should generally be protected unless it is likely to cause imminent

violence. While the text and the First Amendment have stayed the same, the court’s

interpretation has changed over time. Judges, lawmakers, and scholars continue to struggle with

balancing strong speech protections with the necessity of maintaining a peaceful society

(Gonchar 2018).

Press
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From the start of the United States of America with the creation of the three branches of

the government, journalists, and news reporters have played the role of informing the people and

holding political leaders accountable. The First Amendment which offers “freedom of speech

and of the press” has been an important part of the American constitution that has long

empowered journalists to speak the truth, even if they are under harm’s way. Since the beginning

of the United States, there has been conflicting and tension between the press and government

officials (Childs 2019). Parts of the United State’s success as a democracy is due to the country

having a free press. Before the thirteen colonies declared independence from Great Britain, the

British government attempted to censor the American media by prohibiting newspapers from

publishing unfavorable information and opinions. One of the first court cases involving freedom

of the press in America took place in 1734. British governor, William Cosby brought a libel case

against the publisher of The New York Weekly Journal, John Peter Zenger, for publishing

commentary critical of Cosby’s government.

Peacefully, assemble

The First Amendment to the United States Constitution stops the United States Congress

from making legislation that would go against the right of the people to assemble peaceably. The

right to assemble is not, however, absolute. Government officials cannot simply stop a public

assembly in their own discretion, and the government can add restrictions on the time, place, and

manner of peaceful assembly if constitutional safety guild lines are met. Time, place, and manner

restrictions are possible. Such time, place, and manner restrictions can take requirements to

obtain a permit for an assembly. The Supreme Court has held that it is constitutionally

permissible for the government to require that a permit for an assembly be obtained beforehand.
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The government can also make special regulations so that additional requirements for assemblies

that take place near major public events. In the United States, the organizer of a public assembly

must typically apply for and obtain a permit earlier from the local police department or other

local governmental bodies. Applications for permits usually require at a minimum, information

about the specific date, time, and location of the proposed assembly, and may require more

information. The First Amendment does not provide the right to conduct an assembly at which

there is a clear and present danger of riot, disorder, or interference with traffic on public streets

or other immediate threat to public safety or order (Winston 2014).

Democracy

In the months since Donald Trump was elected President of the United States, protesters

have taken to the streets to march with signs and chant their frustration; Trump himself has

lashed out with criticism, calling critical media the “fake news” and threatening broadcast

licenses; and the nation’s most popular sport has been gripped by the debate over players who

“take a knee” to protest police brutality. The limits of free speech have been tested by an increase

in hate speech, as Trump’s rise has led to a sprout of ​assembly​ of white nationalists and other

extremist groups. Everywhere Americans look, the First Amendment is at the center of national

conversations about the right way to live in America. Few opinions are as historically ingrained

in American society as the ​First Amendment,​ but as the US struggles to find the balance of its

free speech, it’s worth considering what the country would look like without the protection it

provides. The possibilities may surprise you. The First Amendment has been the backbone of

American democracy throughout the country’s history (Durkee 2018)

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Without The First Amendment

Comparing to other countries, the First Amendment’s protections are very broad.. In

1948, the United Nations General Assembly set out international rights to many of the First

Amendment’s protections with its Universal Declaration of Human Rights. However, freedom of

speech and expression protections vary wildly among member nations. In Iran, which Reporters

Without Borders dubbed “the world’s biggest prison for journalists,” speech is heavily restricted

(Durkee 2018). China is known for heavy censorship popular sites such as Wikipedia, YouTube,

and Facebook are blacked out during “periods of controversy,” and photos, videos and search

terms that could be considered to be a “threat to political stability” are blocked. As of 2017, 41

journalists were imprisoned in China, according to the ​Committee to Protect Journalists​ (Durkee

2018). In Saudi Arabia, blasphemy against Islam and the country’s monarchy can be punishable

by prison or death. Activist groups have estimated that up to 30,000 dissenters may have been

imprisoned for “political purposes” in the country, while others have been sentenced to death

(Durkee 2018). In Europe, the right to freedom of expression is legally governed through Article

10 of the ​European Convention on Human Rights​. This right, however, is not absolute. Speech

and expression protection varies between European countries. Germany ​protects​ freedom of

speech in its constitution, but ​inciting hatred​ against or insulting a national, racial or religious

group carries a punishment of up to five years in prison (Durkee 2018).

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Bibliography

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United States | Law Library of Congress,​ 1 Oct. 2014,

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www.democracyandme.org/the-importance-of-freedom-of-the-press-in-a-democracy/.

Gonchar, Michael. “Why Is Freedom of Speech an Important Right? When, If Ever, Can It

Be Limited?” ​The New York Times,​ The New York Times, 12 Sept. 2018,

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n-if-ever-can-it-be-limited.html.

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2002,

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Head, Tom, and Aclu. “Timeline and History of the Freedom of Religion in the United

States.” ​ThoughtCo​, www.thoughtco.com/freedom-of-religion-in-united-states-721637.

History.com Editors. “Freedom of the Press.” ​History.com,​ A&E Television Networks, 7

Dec. 2017, www.history.com/topics/united-states-constitution/freedom-of-the-press.

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Index on Censorship. “Why Is Free Speech Important?” ​Index on Censorship,​ 28 Sept.

2018, www.indexoncensorship.org/2016/04/free-speech-important/.

“What Is the First Amendment and What Does It Do?” ​Voice of America​,

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