The First Amendment
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.
Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof. This portion of the amendment means that you may worship as you feel, without hindrance from the Government. It states nothing about your religion as tax-free or that it can become a political entity. It prohibits any laws that establish a national religion or impede the free exercise of religion. America is no more a Christian Religion as it is a Budha Religion country. The Establishment Clause prohibits the Government from passing legislation to establish an official religion or prefer one religion. It enforces the “separation of church and state.” However, some governmental activity related to religion has been declared constitutional by the Supreme Court. In discussing the Establishment Clause of the First Amendment, Justice Black said that the clause erected a “wall of separation between church and state.” He explained that this means, among other things, that the Government cannot participate in the affairs of a religious group, set up a church, aid or prefer one religion over another, or aid or prefer religion over nonreligion.
Congress shall make no law abridging the freedom of speech, or of the press. Notice that it states that Congress will make no law limiting freedom of speech. A private entity can still have rules of conduct that does limit the vocabulary. The essential component of freedom of expression is the right to freedom of speech. Freedom of speech may be exercised directly (words) or in a symbolic (actions) way. Freedom of speech is recognized as a human right under article 19 of the Universal Declaration of Human Rights. The right to freedom of speech allows individuals to express themselves without government interference or regulation. The Supreme Court requires the Government to provide substantial justification for the interference with the right of free speech, where it attempts to regulate the speech’s content. Generally, a person cannot be held liable, either criminally or civilly, for anything written or spoken about a person or topic, so long as it is truthful or based on an honest opinion and such statements. The Supreme Court has also recognized that the Government may prohibit some speech that may cause a breach the peace or cause violence. The First Amendment only limits governmental actors—federal, state, and local. People upset at demonetization or shadow banning have called for government intervention in the name of the First Amendment. This argument is fundamentally misguided because the First Amendment applies to the Government and not to private companies.
On the contrary, private companies have a First Amendment and a property right to exclude users. These two fundamental rights go hand-in-hand, as the right to exclude ensures that these companies are not required to give space to ideas or viewpoints they do not wish to be associated with. Freedom of speech is from government intervention, and it must not condone violence or treasonous voice.
Congress shall make no law abridging the people’s right peaceably to assemble and petition the Government for a redress of grievances. PEACEFULLY!!! Violence, terrorism, destruction is not peacefully redressing the Government. Threatening people, trespassing onto Federal grounds is not protected. The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief. The Supreme Court has expressly recognized that a right to freedom of association and faith is implicit in the First, Fifth, and Fourteenth Amendments. The Government may prohibit people from knowingly associating in groups that engage and promote illegal activities. The right to associate also prohibits the Government from requiring a group to register or disclose its members or deny government benefits based on an individual’s current or past membership in a particular group. The right to petition the Government for a redress of grievances guarantees people the right to ask the Government to provide relief for a wrong through litigation or other governmental action.
Terrorism may be defined as “public violence to advance a political, social, or religious cause or ideology.” Traditionally, criminal speech has been conceptualized in two mutually exclusive categories: “true threats” and advocacy of unlawful conduct. Recent acts of terrorism and hate crimes have prompted a renewed focus on the possible links between internet content and offline violence. While some have focused on the role that social media companies play in moderating user-generated content, others have called for Congress to pass laws regulating online content promoting terrorism or violence. According to the Southern Poverty Law Center, in 2010, the number of active hate groups in the U.S. topped 1,000 for the first time. The anti-government movement expanded dramatically for the second straight year. This study indicated that several factors, including resentment over the country’s racial demographics, frustration over the lagging economy, and the mainstreaming of conspiracy theories, contributed to the anti-government movement’s rise. Law enforcement agencies identified Neo-Nazis, environmental extremists, and anti-tax groups as more prevalent and dangerous than Muslim terrorist organizations.
Federal Material
U.S. Constitution
Federal Judicial Decisions
- Supreme Court:
- Historic Constitutional Law Decisions
- Recent First Amendment Decisions – Religion, Press, Speech
other
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