The First Amendment

The First Amendment

Chanaya C. Brooks

Department of Arts, Humanities, and Social Sciences, North Carolina A&T State University
 The First Amendment

Abstract
This paper aims to explore key components of the First Amendment. The paper starts with a brief

introduction into how the First Amendment came to be while referencing things like the Articles of the

Confederation. It also explores components like Freedom of Speech, the Right to petition/assemble, and

more. While using examples from other sources, follows the explanations and breakdown of what is

meant by Freedom of speech/ press for citizens and journalists. It also explores what is meant by the right

to petition/assemble in the first amendment. While breaking down the components of the first amendment

and the rights it grants for citizens and reporters, the paper also compares and contrasts the press

restrictions in the U.S. to that of other countries around the globe, while also using examples and

references from multiple sources.

Keywords: Freedom, Speech, rights, First Amendment, Assemble, Dissent, Petition, Citizens, Reporters
 The First Amendment

The First Amendment

There are several different definitions of law. It can be described as definite rules of human

conduct with certain sanctions for their enforcement, according to John Austin, a 19th-century

English jurist. There are many different sources for law, specifically American law. Those

sources of all include common law, the law of equity, statutory law, as well as rulings of various

executives. The most common embodiment of the law is the First Amendment to the United

States Constitution.

It began in 1781, before the Revolutionary war. The new nation created the Articles of

Confederation. The Articles of the Confederation were written in a manner in which the United

States government had little to no power. The articles were written in such a way that upheld the

declaration of Independence, ranked the needs of individuals higher than those of the

government needed to operate the country, and the articles contained no guarantee of free

expression. The articles failed in the end. Realizing that the articles were not going to work, in

the summer of 1787, delegates from 12 of the 13 states set out to revise the articles. Thus

adopting the First Amendment into the bill of rights in 1791 (First Amendment, 2020).

The First Amendment is three separate clauses that guarantee not only press freedom, but

freedom of religion, the right to assemble, and to "petition the government for a redress of

grievances (Rogers, 2019). It forbids laws that establish a national religion, violates the free

exercise of religion, abridges the freedom of speech, infringes upon the freedom of the press,

interferes with the right to peaceably assemble, or prohibit citizens from petitioning for a

governmental redress of grievances (First Amendment, 2020). It protects the rights of many

citizens and many journalists as well. The First Amendment has opened up many doors for many
 The First Amendment

journalists with the freedom of expression clause behind them. Since journalists rely on

confidentiality when getting information from their sources. According to (Omachonu, 2009),

“many reporters believe that the First Amendment provides them protection from testifying

before a grand jury regarding their sources and prizes their role as “neutral watchdogs and

objective observers.”

Freedom of Speech/Press

The freedom of press/speech clause is one of the most common components of the first

amendment. Freedom of speech allows citizens to express themselves freely without interference

from the government. This includes all different mediums as well. According to the Interactive

Constitution, ‘the Supreme Court has interpreted “speech” and “press” broadly as covering not

only talking, writing, and printing, but also broadcasting, using the Internet, and other forms of

expression. The freedom of speech also applies to symbolic expressions, such as displaying

flags, burning flags, wearing armbands, burning crosses, and the like (Stone & Volohk, n.d.).

The amount of protection granted also depends on where the speech takes place. The First

Amendment does not protect speakers, however, against private individuals or organizations,

such as private employers, private colleges, or private landowners. The First Amendment

restrains only the government (Stone & Volohk, n.d.). If the government does interfere with this

right, the supreme court requires the government to provide substantial evidence or justification

for their interference. The supreme court has also recognized that if the speech causes a breach of

the peace or incites violence; the government may prohibit said speech (First Amendment, 2020).

Even though the government may be allowed to prohibit speech in special circumstances,

typically, one cannot be held responsible (civilly or criminally) for anything written or spoken

about a topic or person as long as it is a truthful statement.

 The First Amendment

Even though citizens rely heavily on the protection of the first amendment, journalists do

as well. According to research from ThoughtCo., “congress shall make no law respecting an

establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of

speech, or the press; or the right of the people peaceably to assemble, and to petition the

government for a redress of grievances”(Rogers, 2019). In other words meaning, the government

is not allowed to try to control or block content before it is published in the media. “Another

term often used in this context is prior restraint, which means an attempt by the government to

prevent the expression of ideas before they are published” (Rogers, 2019). This clause led to the

creation of something called reporter’s privilege. The idea behind reporter's privilege is that

journalists have a limited First Amendment right not to be forced to reveal information or

confidential news sources in court (Omachonu, 2009). The Freedom of Press and the Freedom of

Speech are quite similar in what is meant by them. They offer similar privileges. “It does not

afford members of the media any special rights or privileges not afforded to citizens in general

(First Amendment, 2020).

Freedom of Speech/Press around the World

When it comes to free press, the U.S. is leading as far as having very little to no

restrictions. The United States has no interference from the government when it comes to the

press unless there are special circumstances that cause otherwise. There are not very many

countries where the press has no freedom, the list is quite short. In Research from Rogers (2019),

they find that it is easier to compile a list of countries that have a free press. “It's easier—and

quicker—to compile a list of regions where the press truly is free”.

Such a list would include the U.S., Canada, Western Europe, Scandinavia, Australia, New

Zealand, Japan, Taiwan, and a handful of countries in South America.

 The First Amendment

Other places around the world do not tend to have that luxury, some places having a tighter grip

than others. For example, China is a very popular and lucrative country, yet its government has a

very strong grip on prior restraint. Another country with similar restrictions is Russia, their

government is just as strict as the one in China. In some regions, like the Middle East, for

example, press freedom is quite restricted. “Around the globe, there are entire regions—the

Middle East is but one example—in which press freedom is severely curtailed or virtually non-

existent”(Rogers, 2019). In the U.S. and many other countries, the press enjoys a great deal of

freedom when it comes to their work, yet in other countries, there are very strict restrictions that

make press freedom generally nonexistent.

Right to Assemble / Right to Petition

The right to petition is a right that allows citizens to assemble and protest for peaceful

and lawful purposes. Research from the Legal Information Institution, Freedom of assembly is

recognized as a human right under article 20 of the Universal Declaration of Human Rights

under article 20. This right implicitly does not include the right of social association. If there is

violence or illegal activities taking place or being promoted, the government may prohibit such

assembly. In some cases, there are exceptions where the government can prohibit such

assemblies but, in cases where they cannot prohibit the assembly, the government cannot require

registration, the disclosure of group members, or withhold government benefits because one is

associated with a specific group. “The right to associate also prohibits the government from

requiring a group to register or disclose its members or from denying government benefits based

on an individual's current or past membership in a particular group” (First Amendment, 2020).

Yet, there are some specific cases in which government interests in the disclosure of group

members or registration outweigh First Amendment rights. “The right to petition the government

for a redress of grievances guarantees people the right to ask the government to provide relief for
 The First Amendment

a wrong through litigation or other governmental action” (First Amendment, 2020). The two

clauses tend to go hand and hand because they stand behind citizens who want to join together

and seek change from the government.

Journalists are not exempt or given special privileges when it comes to news gatherings.

They are to be held to the same standards as regular citizens. Attempts to bend or break those

expectations are often rejected by the court. On some occasions, reporters can be liable to

trespassing, or intentional, uninvited entry to land possessed by someone else. Those who

become liable to trespassing are often those who go beyond the typical scope of consent.

Conclusion

The First Amendment covers a range of different rights for journalists and citizens all

over the U.S. What once started as the Articles of Confederation is now very well known as the

First Amendment. The first amendment protects rights to freedom of speech and press, rights to

assemble and position, as well as the right to dissent, and much more. The right to freedom of

speech/press gives citizens, as well as reporters the right to freely express themselves without

any interference from the government unless otherwise justified. The right to petition/assemble

gives citizens and reporters the right to gather and protest peacefully. Unfortunately, not every

country is like the United States. Some countries have little to no freedom of the press. Countries

like China and Russia where the government has complete control over everything.
 The First Amendment

Bibliography
Calvert, C., Kozlowski, D., & Silver, D. (2017). Mass Media Law (20th ed.). McGraw-

Hill Education.

First Amendment. (2020, March). LII / Legal Information Institute.

https://www.law.cornell.edu/wex/first_amendment

Omachonu, J. O. (2009). Reporter’s Privilege. The First Amendment Encyclopedia.

https://mtsu.edu/first-amendment/article/1146/reporter-s-privilege

Rogers, T. (2019, August 5). What Does the First Amendment Mean to The Press?

ThoughtCo. https://www.thoughtco.com/the-first-amendment-2073720

Stone, G. R., & Volohk, E. (n.d.). Interpretation: Freedom of Speech and the Press | The

National Constitution Center. Interactive Constitution.

https://constitutioncenter.org/interactive-constitution/interpretation/amendment-

i/interps/266