amendment united_states constitution amendment amendment united_states_constitution prohibits making law establishment religion free exercise religion freedom speech freedom press interfering right assemble prohibiting governmental grievances adopted december amendments constitute bill rights bill rights originally proposed measure opposition constitutional ratification initially amendment applied laws enacted congress provisions interpreted narrowly today beginning new_york supreme_court applied amendment states process known incorporation process clause fourteenth amendment court drew correspondence wall separation church state precise boundary separation remains dispute speech rights expanded significantly series 20th 21st century court decisions protected forms political speech anonymous speech campaign financing pornography school speech defined series exceptions amendment supreme_court overturned english common law precedent increase burden proof libel suits notably sullivan commercial speech protected amendment political speech subject greater regulation protects publication information opinions applies wide variety media near minnesota new_york_times united_states supreme_court ruled amendment protected prior restraint pre publication censorship cases petition clause protects right petition branches agencies government action addition right assembly guaranteed clause court ruled amendment protects freedom association text amendment adopted reads follows congress shall law establishment religion prohibiting free exercise thereof freedom speech press right people assemble petition government grievances background second year american revolutionary war virginia colonial legislature passed declaration rights included sentence freedom press greatest liberty restrained governments thirteen states similar generally considered mere state provisions years comparatively weak government constitutional convention philadelphia proposed new constitution september featuring changes stronger chief executive constitutional convention delegate virginia declaration rights proposed constitution include bill rights listing civil liberties delegates including future disagreed arguing existing state guarantees civil liberties sufficient attempt individual rights unnamed rights unprotected brief debate mason proposal defeated unanimous vote state constitution ratified thirteen states required approve state conventions opposition ratification anti partly based constitution lack adequate guarantees civil liberties supporters constitution states popular sentiment ratification including virginia massachusetts new_york successfully proposed state conventions constitution addition bill rights eventually ratified thirteen states 1st united states congress following state request proposed constitutional amendments proposed draft amendment read follows civil rights shall account religious belief worship shall national religion established shall equal rights conscience manner pretext people shall deprived right speak write publish sentiments freedom press great liberty shall people shall restrained assembling consulting common good applying legislature petitions grievances language greatly condensed congress passed house senate recorded debate future discussion amendment intent amendment rest bill rights submitted states ratification september adopted december establishment religion wrote respect amendment restriction legislative branch federal government letter religious minority concerned dominant position church connecticut believing religion matter lies solely god owes account faith worship legitimate powers government reach actions opinions sovereign reverence act american people declared legislature law establishment religion prohibiting free exercise thereof building wall separation expression supreme nation behalf rights conscience shall sincere satisfaction progress sentiments tend restore man natural rights convinced natural right opposition social duties united_states supreme_court words declare accepted authoritative declaration scope effect amendment secured congress deprived legislative power mere religious opinion left free reach religious actions violation social duties subversive good order quoting jefferson virginia statute religious freedom court stated act religious freedom defined suffer civil magistrate powers field opinion profession propagation principles ill tendency dangerous destroys religious liberty declared time rightful purposes civil government officers interfere religious principles break overt acts peace good order sentences found true distinction properly belongs church state originally amendment applied federal government states continued official state religions ratification massachusetts example officially 1830s incorporated establishment clause apply states establishment religion clause amendment means state set church pass laws aid religion aid religions prefer religion words jefferson amendment clause establishment religion law intended erect wall separation church state wall kept high approve breach supreme_court ruled constitution prohibits states federal government requiring kind religious test public office court concluded government prefer religion religion series cases decade 2000s perry court considered issue religious monuments federal lands reaching majority reasoning subject metaphor wall separation church state derived correspondence president long established decisions supreme_court beginning united_states court reviewed history early republic deciding extent liberties chief justice consulted historian discussed length drafted amendment madison metaphor great barrier court adopted jefferson words court affirmed majority unanimous support god difference characterized general tendency weaker reading amendment tend concerned dangers establishment concerned protect free exercise rights particularly religious minorities beginning permitted new_jersey school boards pay transportation schools court tests determine wall separation breached laid test establishment existed aid given religion transportation benefit children important school prayer cases early 1960s aid irrelevant court ruled basis legitimate action served secular purpose primarily assist religion court ruled legitimate action government religion lemon points combined lemon test declaring action establishment statute practice lacked secular purpose principal primary effect advanced religion fostered excessive government religion lemon test criticized justices legal scholars remains predominant means court establishment clause lemon test demoted simply factor determining effect challenged statute practice opinion court considered secular purpose absence primary effect opinion saw cases having treated primary purpose test tests endorsement test test developed determine government action violated establishment clause stated separation church state absolute prior holdings total separation church state total separation possible absolute sense relationship government religious organizations inevitable court wrote judicial recognize line separation far wall blurred indistinct variable barrier depending circumstances particular relationship contrast argue justice religious people institutions supreme group holds lemon test applied conservatives establishment clause solely prevents establishment state church public god developing policies encourage general religious beliefs favor particular sect consistent secular government goals free exercise religion freedom religion means freedom hold opinion belief action violation social duties subversive good order united_states supreme_court found laws interfere religious belief opinions laws regulate religious practices human sacrifices hindu practice court stated rule professed doctrines religious belief superior law land effect permit citizen law unto government exist circumstances connecticut court held process clause fourteenth amendment applied free exercise clause states right religious beliefs absolute freedom act beliefs absolute supreme_court required states meet strict scrutiny standard refusing accommodate motivated conduct meant government needed compelling interest refusal case involved denied unemployment benefits south_carolina refused work saturdays forbidden seventh day faith wisconsin court ruled law practice religion compelling interest neutral face unconstitutional need compelling governmental interest narrowed smith held interest required free exercise clause neutral law general happens affect religious practice opposed law targets particular religious practice require compelling governmental interest church city supreme_court ruled passed ordinance banning ritual slaughter practice central religion providing exceptions practices slaughter ordinance generally applicable court ruled needed compelling interest failed declared unconstitutional congress passed seeking restore compelling interest requirement applied city court struck provisions forced state local governments provide exceeding required amendment grounds congress enforce supreme_court interpretation constitutional right congress impose interpretation states according court ruling remains applicable federal laws laws compelling interest freedom speech press wording clause amendment bars congress freedom speech press justice commented journal article emphasize word term freedom speech definite article suggests intended previously identified category speech stevens explained clause things like false testimony oath like stevens journalist wrote word read mean understood time included concept free speech understood time clear late lead author speech press clauses argued freedom existed english common law practice america entitled respect state probably union press exerted freedom merits measures public men description confined strict limits common law madison wrote dispute alien laws legislation enacted president ban libel madison believed legislation unconstitutional adversaries dispute advocated narrow freedom speech existed english common law speech critical government supreme_court declined rule federal law 20th century example supreme_court ruled alien acts supreme_court justices riding circuit presided resulting trials indicating reservations leading critics law vice president argued acts based amendment constitutional provisions jefferson succeeded adams president party quickly overturned acts pardoned imprisoned majority opinion sullivan court noted importance public debate precedent amendment law ruled acts unconstitutional act tested court attack validity carried day court history world war patriotic world war espionage act imposed maximum sentence years caused attempted cause mutiny refusal duty military naval forces united_states specifically espionage act states allows enemies enter fly united_states obtain information place connected national defense punished hundreds followed supreme_court heard appeals resulting cases united_states united_states united_states united_states cases official convicted espionage act publishing urging resistance draft appealed arguing espionage act violated amendment united_states supreme_court unanimously rejected appeal affirmed conviction conviction continued debated went right freedom speech protected amendment justice holmes writing court explained question case words circumstances nature create clear present danger bring substantive congress right prevent week later united_states court upheld espionage act conviction time journalist criticized involvement foreign wars cases government bill rights certain acts like espionage act depends united_states danger united_states court elaborated clear present danger test established june political activist delivered speech ohio spoke loyal comrades paying penalty working class baker convicted aiding failing register draft following speech charged convicted espionage act conviction court reasoned spoken words posed clear present danger taken context speech natural tendency probable effect recruiting services united_states russian refugees appealed conviction throwing building new_york argued president intervention russia october revolution majority upheld conviction holmes justice holding government demonstrated clear present danger political advocacy extending supreme_court denied number free speech clause claims 1920s including appeal labor organizer convicted distributing manifesto calling revolutionary dictatorship new_york court upheld conviction majority found amendment applied state laws federal laws process clause fourteenth amendment holmes cases decade advancing argument protected far greater range political speech court previously acknowledged whitney california organizer arrested criminal wrote dissent argued broader political speech won independence believed freedom think speak think means discovery spread political truth free speech assembly discussion futile discussion adequate protection doctrine greatest menace freedom people public discussion political duty fundamental principle american government court heard case african american communist_party organizer convicted advocating black rule southern united_states decision court reversed conviction holmes clear present danger test time arguing state georgia demonstrated actions met standard congress enacted smith act making illegal advocate destroying government united_states force violence statute provided law enforcement tool combat communist leaders convicted square trial attempting organize communist_party petitioned supreme_court granted dennis united_states court upheld law chief justice relied holmes clear present danger test adapted case courts ask gravity evil discounted invasion free speech necessary avoid danger clearly suggested clear present danger intimate government act wait executed plans laid signal awaited opinion justice proposed balancing test soon supplanted clear present danger test demands free speech democratic society interest national security better served informed weighing competing interests confines judicial process united_states supreme_court limited smith act advocacy action advocacy realm ideas advocacy abstract doctrine remained protected speech explicitly overthrow government smith act vietnam war court position public criticism government changed drastically court upheld law prohibiting destruction draft cards united_states brien fearing burning draft cards interfere smooth efficient functioning draft system year court handed decision ohio whitney california supreme_court referred right speak openly violent action revolution broad terms decisions fashioned principle constitutional guarantees free speech free press allow state advocacy use force law violation advocacy directed producing imminent action likely cause action discarded clear present danger test introduced eroded dennis california court voted reverse conviction man wearing jacket reading fuck draft corridors courthouse justice wrote majority opinion jacket fell category protected political speech despite use man man lyric political speech anonymous speech california court struck los_angeles city ordinance crime distribute anonymous pamphlets justice wrote majority opinion doubt identification requirement tend restrict freedom distribute information freedom expression anonymous pamphlets books played important role progress mankind court struck ohio statute crime distribute anonymous campaign literature court upheld foreign agents registration act canadian films defined political propaganda requiring sponsors identified campaign finance supreme_court reviewed related laws restricted monetary contributions political campaigns expenditure candidates court affirmed limits campaign contributions stating serve basic governmental interest integrity electoral process directly rights individual citizens candidates engage political debate discussion court overturned spending limits found imposed substantial restraints quantity political speech court campaign finance regulation case centered federal law imposed new restrictions campaign financing supreme_court upheld provisions barred raising soft money national parties use soft money private organizations fund certain advertisements related elections court struck choice expenditure rule required parties coordinated expenditures candidates permit candidates spend independently court agreed placed unconstitutional burden parties right unlimited independent expenditures court ruled provision preventing minors making political contributions unconstitutional relying court sustained applied challenge holding issue ads banned months preceding primary general election davis supreme_court declared millionaire amendment provisions unconstitutional court held restrictions opponent self financing candidate spending money violated freedom speech self financing candidate court ruled federal restrictions electoral advocacy corporations unions unconstitutional violating amendment court overruled austin upheld state law prohibited corporations treasury funds support oppose candidates elections violate court overruled portion upheld restrictions words ruling considered hold political spending form protected speech amendment court ruled federal aggregate limits person donate candidates political parties political action committees combined respectively year period known election cycle violated amendment flag divisive issue flag form protest came supreme_court street new_york response hearing erroneous report murder civil rights activist burned star flag street arrested charged new_york state law making crime publicly cast contempt words act flag united_states decision court relying california found provision new_york law words flag unconstitutional trial sufficiently demonstrate convicted solely provisions deemed unconstitutional conviction unconstitutional court resist pulls decide constitutional issues involved case broader basis left flag burning ambiguity regard flag burning statutes eliminated texas johnson case burned american flag demonstration dallas texas charged violating texas law prohibiting objects johnson convicted sentenced year prison fined supreme_court reversed conviction vote justice wrote decision bedrock principle underlying amendment government prohibit expression idea simply society finds idea offensive congress passed federal law barring flag burning supreme_court struck united_states flag amendment proposed repeatedly congress failed pass senate single vote military awards unauthorized wear sale medal honor offense federal law early 20th century stolen act criminal act wearing verbally claiming military awards person fact earn united_states supreme_court struck stolen act ruling law violated right free speech government punish people making false claims military service honors decision ruling justices majority agree single rationale commercial speech commercial speech speech behalf company individual purpose making profit unlike political speech supreme_court afford commercial speech protection amendment effectively distinguish commercial speech types speech purposes litigation court uses list contents propose commercial transaction contents characterized advertisements contents reference specific product economically motivated distribute speech conclusion instance speech commercial combination characteristics provides strong support conclusion speech properly characterized commercial speech valentine court upheld new_york_city ordinance forbidding distribution streets commercial business advertising matter writing unanimous court justice explained court held streets proper places exercise freedom communicating information opinion states municipalities appropriately regulate privilege public interest burden employment public equally clear constitution restraint government respects purely commercial advertising court overruled valentine ruled commercial speech entitled amendment protection issue state completely suppress information entirely activity fearful information effect recipients conclude answer negative court ruled commercial speech protected amendment types speech discarded common sense distinction speech proposing commercial transaction occurs area traditionally subject government regulation varieties speech require constitutional protection commercial speech alike invite simply process force amendment guarantee respect kind speech court clarified analysis required government justify regulating commercial speech expression protected amendment misleading fraud asserted government interest substantial regulation directly advance governmental interest asserted regulation extensive necessary serve interest years later applying standards puerto associates tourism company puerto_rico affirmed conclusion puerto_rico games chance act including regulations unconstitutional interpretation adopted soon restricted rhode_island court rhode_island law prohibiting publication liquor prices school speech supreme_court extended free speech rights students school case involved students punished wearing black protest vietnam war court ruled school restrict symbolic speech substantially school activities justice wrote amendment rights applied light special characteristics school environment available teachers students hardly argued students teachers shed constitutional rights freedom speech expression gate school officials possess absolute authority students students possessed fundamental rights state respect respect obligations state james court ruled refusal recognize campus chapter students democratic society unconstitutional court placed limitations interpretations court ruled student punished sexual laced speech school assembly court found school newspapers enjoyed fewer amendment subject school censorship frederick court ruled schools consistent amendment restrict student speech school sponsored events events away school grounds students promote illegal drug use federal government states long permitted limit pornography supreme_court generally refused protection amendment pornography subject little regulation definitions pornography changed time united_states supreme_court adopted standard articulated famous british case regina test defined material tended corrupt minds open immoral influences hands publication sort fall early twentieth century literary works including lover banned federal district court case united_states judge established new standard evaluate novel stating works considered entirety declared basis individual work supreme_court ruled united_states amendment protect ruled test inappropriate instead test average person applying contemporary community standards dominant theme material taken appeals interest definition proved hard apply following decade members court reviewed films individually court building screening room determine considered justice potter stewart ohio famously stated precisely define pornography know test expanded court decided miller california miller test work average person applying contemporary community standards find work appeals interest work depicts describes offensive way sexual conduct specifically defined applicable state law work taken lacks literary artistic political scientific value note community standards national standards applied material appeals interest leaving question local authorities child pornography subject miller test supreme_court decided new_york ohio ruling government interest protecting children abuse paramount personal possession material home prohibited law stanley georgia court ruled amendment means means state business telling man sitting house books read films watch government prevent sale items viewed private free speech coalition upheld rights child pornography prevention act holding act child pornography depict actual child overly broad unconstitutional amendment amendment freedoms danger government seeks control thought justify laws end right think beginning freedom speech protected government speech beginning thought united_states williams court upheld protect act ruling prohibiting offers provide requests obtain child pornography violate amendment person charged act possess child pornography memoirs convicted criminals states son sam laws prohibiting convicted criminals publishing memoirs profit laws response offers write memoirs murders committed supreme_court struck law type new_york violation amendment case statute prohibit publication memoir convicted criminal instead provided profits book time interest account fund organization pays medical related bills victims crime similar laws states remain american liability speech publications traces origins english common law years american basic substance law continued resemble existing england time revolution american legal textbook provides definitions libel nearly identical given action required following words injured party guilty offense suffers disease psychological disorder unfit public office moral inability discharge duties lacks integrity profession trade business charge false charge articulated person verbally writing words subject legal protection congress charge motivated action libel required general points specifically involved publication statements certain criminal charges libel libel truth statements laws intended maintain public support government true statements damage support false ones instead libel placed specific emphasis result publication publications tended person bring contempt hatred ridicule concerns common law incompatible new republican form government caused early american courts struggle argument punishment dangerous offensive writings necessary preservation peace good order government religion solid foundations civil liberty argument need free press guaranteed constitution fear written consequently changes centuries ratification amendment supreme_court ruling sullivan fundamentally changed american law case type needed sustain libel case common law consisted ill public officials seeking sustain civil action needed prove clear convincing evidence actual case involved advertisement published new_york_times indicating officials montgomery alabama acted violently suppressing protests african americans civil rights movement commissioner sued times libel stating advertisement damaged reputation supreme_court unanimously reversed judgment times justice suggested public officials sue libel publisher published statements question actual knowledge false reckless disregard false sum court held amendment protects publication statements false ones conduct public officials statements actual knowledge false reckless disregard truth actual standard applies public officials public figures court found regard private individuals amendment necessarily force change features common law landscape inc court ruled actual need shown cases involving private individuals holding light reduced constitutional value speech involving matters public concern state interest adequately supports awards presumed damages absent showing actual inc court ruled private individual prove actual awarded damages seek actual damages court extended actual standard intentional emotional distress ruling protected parody case fake advertisement suggesting sexual experience mother public figure court ruled importance free flow ideas opinions matters public interest concern paramount concern reversed judgement won emotional distress court ruled amendment offers wholesale exception law statements labeled opinion instead statement false subject libel suit nonetheless argued cases effectively provide opinion privilege consequence significant number states enacted state opinion privilege laws private action state provide free speech similar constitution states california state constitution interpreted providing comprehensive amendment supreme_court permitted states extend enhanced notably case court unanimously ruled amendment allow private property owners prohibit political speakers petition california permitted restrict property owners property equivalent traditional public forum shopping grocery stores enforcing private property rights exclude individuals court maintain shopping centers impose reasonable restrictions expressive activity subsequently new_jersey colorado massachusetts puerto_rico courts adopted doctrine california courts repeatedly reaffirmed freedom press free speech free press clauses interpreted providing protection speakers writers wireless broadcasting given constitutional protection protects right individuals express publication information ideas opinions interference prosecution government right described fundamental personal right confined newspapers periodicals city griffin chief justice defined press sort publication vehicle information opinion right extended media including newspapers books plays movies video games open question people blog use social media journalists entitled protection media shield laws protected equally clauses distinguish media businesses speakers shown supreme_court consistently refusing recognize amendment providing greater protection institutional media speakers example case involving campaign finance laws court rejected suggestion communication corporate members institutional press entitled greater constitutional protection communication non institutional press businesses landmark decision press freedom came near minnesota supreme_court rejected prior restraint pre publication censorship case minnesota legislature passed statute allowing courts shut newspapers allowing defense truth cases truth told good motives ends decision court applied states rejecting statute unconstitutional hughes quoted madison majority decision writing fundamental security life property criminal alliances official neglect emphasizes primary need courageous press near noted exception allowing prior restraint cases publication sailing dates transports number location troops exception key point landmark case decades later united_states administration president richard_nixon sought ban publication pentagon papers classified government documents vietnam war secretly copied analyst court found nixon administration met heavy burden proof required prior restraint justice drawing near concurrent opinion wrote governmental allegation proof publication inevitably directly immediately cause occurrence evil safety transport sea support issuance interim order justices black douglas went writing prior restraints justified courts rarely treated content based regulation journalism sympathy court unanimously struck state law requiring newspapers criticizing political candidates publish responses state claimed law passed ensure responsibility supreme_court found freedom responsibility mandated amendment ruled government force newspapers publish desire publish content based regulation television radio sustained supreme_court cases limited number frequencies non cable television radio stations government licenses companies supreme_court ruled problem allow raising amendment issue government broadcasters content neutral basis supreme_court upheld authority restrict use material broadcasting state governments retain right tax newspapers tax commercial products generally taxes focus exclusively newspapers found unconstitutional court state tax newspaper advertising revenues holding role press creating informed public opinion vital similarly taxes treatment press struck project instance court arkansas law religious professional trade sports journals taxation law amounted regulation newspaper content supreme_court found states treat different types media differently cable television newspapers court found differential taxation speakers members press amendment tax directed presents danger suppressing particular ideas court ruled amendment journalist right refuse grand jury issue decided case journalist refuse appear testify state federal grand basing refusal belief appearance testimony freedom speech press guaranteed amendment decision protection provided amendment opinion justice stated claim press privilege judged facts striking proper balance freedom press obligation citizens relevant testimony respect criminal conduct balance vital constitutional societal interests case case basis tried traditional way questions frequently cited lower courts decision petition assembly petition clause protects right petition government grievances includes right communicate government officials lobbying government officials courts filing lawsuits legal basis petition clause came prominence 1830s congress established gag rule barring anti slavery petitions heard rule overturned congress years later petitions espionage act resulted supreme_court rule issue supreme_court stated right petition encompass approach citizens groups administrative agencies creatures legislature arms executive courts branch government certainly right petition extends departments government right access courts aspect right petition today right encompasses petitions branches federal government congress executive judiciary extended states incorporation according supreme_court grievances broadly includes solely appeals public government traditional sense petitions behalf private interests seeking personal gain right protects demands grievances demands government action petition clause includes according supreme_court opportunity institute non lawsuits popular support change existing laws peaceful manner borough supreme_court stated petition clause necessary clauses identical mandate purpose effect acknowledge rights speech petition share substantial common ground speech petition integral democratic process necessarily way right petition allows citizens express ideas hopes concerns government elected representatives right speak public exchange ideas integral democracy realm ideas human affairs political sphere speech petition advance personal expression right petition generally concerned expression directed government seeking right assembly originally distinguished right petition united_states supreme_court held right people assemble purpose congress grievances connected powers duties attribute national citizenship protection guaranteed united_states idea government republican form implies right citizens meet consultation respect public affairs petition grievances justice opinion court carefully distinguished right assemble secondary right right petition labeled primary right later cases paid attention 1960s decisions collectively known forming doctrine court established right petition prohibited application law statements private entities public bodies freely city council encourage denial competitor building permit subject liability freedom association amendment explicitly mention freedom association supreme_court ruled people alabama freedom protected amendment privacy membership essential freedom decided roberts united_states implicit right engage activities protected amendment corresponding right associate pursuit wide variety political social economic educational religious cultural ends roberts court held associations exclude people reasons unrelated group expression gender irish american gay lesbian court ruled group exclude people membership presence affect group ability advocate particular point view likewise court ruled new_jersey law forced admit openly gay member unconstitutional right free association
First Amendment to the United States Constitution