First Amendment | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Introduction / Criminal Law

The First Amendment to the U.S. Constitution reads:

“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.”

The First Amendment to the United States Constitution is one of the most important and well-known amendments, as it guarantees several fundamental rights to citizens. The First Amendment consists of five distinct clauses that protect citizens’ rights to religion, speech, press, assembly, and petition.

The first clause, commonly referred to as the Establishment Clause, prohibits Congress from making any law respecting an establishment of religion. This means that the government cannot endorse or promote any particular religion, nor can it discriminate against any religious beliefs or practices. The Establishment Clause also prevents the government from compelling citizens to participate in religious activities or ceremonies.

The second clause of the First Amendment, known as the Free Exercise Clause, guarantees the right to freely practice religion without interference from the government. This means that individuals are free to worship as they please, or not at all, without fear of punishment or discrimination. However, this clause does not permit individuals to use religion as a defense for illegal activities.

The third clause of the First Amendment protects the freedom of speech. This means that individuals have the right to express their opinions, beliefs, and ideas without fear of government censorship or retaliation. However, there are some limits on this right, such as when speech is likely to incite violence or cause harm to others.

The fourth clause of the First Amendment protects freedom of the press. This means that the press has the right to report on news and events without fear of government censorship or punishment. This clause is essential to ensuring that citizens have access to information that is essential to their well-being.

The fifth and final clause of the First Amendment protects the right to peacefully assemble and to petition the government for a redress of grievances. This means that individuals have the right to gather in public spaces to express their views and to present their concerns to government officials.

Overall, the First Amendment is a crucial safeguard of individual freedoms in the United States. It guarantees the right to freedom of religion, speech, press, assembly, and petition, ensuring that citizens can express themselves freely and participate in the democratic process without fear of persecution or retribution.


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Last Modified: 07/06/2021

 

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