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US Constitution study guide: Difference between revisions
→Amendment 1 [protections of religion, speech, press, assembly & petition]
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* = affirmation of the natural rights of religion and speech and the civil liberties of the press, public assembly, and petition of the government}}''' respecting an '''{{#tip-text:establishment of religion|"Establishment clause" | * = affirmation of the natural rights of religion and speech and the civil liberties of the press, public assembly, and petition of the government}}''' respecting an '''{{#tip-text:establishment of religion|"Establishment clause" | ||
* prohibits the government from establishing a religion | * prohibits the government from establishing a religion | ||
Background: | |||
* under the Church of England during 16th and 17th centuries, British subjects were required to join the Church of England and to go to its services | * under the Church of England during 16th and 17th centuries, British subjects were required to join the Church of England and to go to its services | ||
* it effectively banned all other religions and churches | * it effectively banned all other religions and churches | ||
* on its face the Establishment clause prohibits establishment of a national church or religion | * on its face the Establishment clause prohibits establishment of a national church or religion | ||
* it is generally interpreted to mean a ban on direct federal aid, sponsorship or active involvement to or with a | * it is generally interpreted to mean a ban on direct federal aid, sponsorship or active involvement to or with a religious organization | ||
* Thomas Jefferson wrote in a private letter that there must be a "wall of separation between Church & State" | * Thomas Jefferson wrote in a private letter that there must be a "wall of separation between Church & State" | ||
Issues, problems & limits: | |||
* the Court has employed the "Lemon Test" (from Lemon v Kurtzman, 1971) to measure if a law 1) lacks a secular purpose; 2) advances or inhibits religion; 3) constitutes an "entanglement" (being wrapped up or otherwise involved) with religion | * the Court has employed the "Lemon Test" (from Lemon v Kurtzman, 1971) to measure if a law 1) lacks a secular purpose; 2) advances or inhibits religion; 3) constitutes an "entanglement" (being wrapped up or otherwise involved) with religion | ||
* however, it is unclear as to the extent of the Establishment clause regarding any government interaction with a church or religion, for example: | * however, it is unclear as to the extent of the Establishment clause regarding any government interaction with a church or religion, for example: | ||
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* "speech" is interpreted as writing, broadcast, internet, and * "symbolic" speech (displaying or burning flags, armbands, etc.) | * "speech" is interpreted as writing, broadcast, internet, and * "symbolic" speech (displaying or burning flags, armbands, etc.) | ||
* the protection is against suppression of speech by government; private entities may define accepted speech for and only within their own realms | * the protection is against suppression of speech by government; private entities may define accepted speech for and only within their own realms | ||
Issues, problems & limits: | |||
* accepted limits on the "freedom of speech" include: | * accepted limits on the "freedom of speech" include: | ||
** direct threats of violence, obscenity, defamation (speech that causes harm with false accusations) | ** direct threats of violence, obscenity, defamation (speech that causes harm with false accusations) | ||
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* here the Constitution distinguishes between "speech" and "press" | * here the Constitution distinguishes between "speech" and "press" | ||
* = recognition that the "press" is an integral function of a free, democratic and pluralistic society | * = recognition that the "press" is an integral function of a free, democratic and pluralistic society | ||
Issues, problems & limits: | |||
* this "freedom" is not absolute: the Courts have imposed limits upon the right to print ("press") | * this "freedom" is not absolute: the Courts have imposed limits upon the right to print ("press") | ||
* publishers ("press") may not publish deliberate lies or defamation (deliberate, false attacks upon someone), harmful or obscene content, or anything that may be understood as harmful to society | * publishers ("press") may not publish deliberate lies or defamation (deliberate, false attacks upon someone), harmful or obscene content, or anything that may be understood as harmful to society | ||
* the rights of the press are balanced against the public safety | * the rights of the press are balanced against the public safety | ||
** i.e., can a press publish state secrets? if during peacetime that may be different from if during war | ** i.e., can a press publish state secrets? if during peacetime that may be different from if during war | ||
* notably, in the internet age, Section 230 of the Internet Freedom Act (1995<< confirm) protects internet platforms from liability (responsibility) from censoring harmful or obscene speech}}'''<ref>see: https://constitution.congress.gov/browse/essay/amdt1_2_1/</ref>, or the right of the people '''{{#tip-text:peaceably to assemble}}''', and to '''{{#tip-text:petition the Government|petition the Government | * notably, in the internet age, Section 230 of the Internet Freedom Act (1995<< confirm) protects internet platforms from liability (responsibility) from censoring harmful or obscene speech}}'''<ref>see: https://constitution.congress.gov/browse/essay/amdt1_2_1/</ref>, or the right of the people '''{{#tip-text:peaceably to assemble|peacebly to assemble | ||
* = the government cannot limit citizens from gathering in public so long as it is peaceful | |||
* the Founders were fearful of mob-rule, yet street demonstrations were common and effective tools of citizen action, especially in the years leading up to the Revolution itself | |||
Issues, problems & limits: | |||
* the key to this limitation on governmental power is "peaceably" | |||
* thereby the Constitution does not allow for violent or disruptive protest (which are common around the world even today) | |||
* it is generally accepted that in the interest of the public safety and order, organizers of political protests and other assemblies may be required to acquire a "permit" for the use of the public space from the local government | |||
* notable assemblies include the "Bonus Army" protests of the early 1930s (by WWI veterans), Vietnam-era protests (1960s-70s), and the 2010 "Occupy" movement which deliberately did not have permits for its use of public space}}''', and to '''{{#tip-text:petition the Government|petition the Government | |||
* "petition" = to ask for; "redress" = to fix; grievances" = complaints | * "petition" = to ask for; "redress" = to fix; grievances" = complaints | ||
* = protection of the people's right to ask something of the Government | * = protection of the people's right to ask something of the Government | ||
* under monarchies, subjects were allowed at times to ask for the monarch's assistance to fix some wrong | * under monarchies, subjects were allowed at times to ask for the monarch's assistance to fix some wrong | ||
* however, these petitions would be subject to the monarch's whims, making them arbitrary | |||
Issues, problems & limits: | |||
* citizens have a constitutional right to organize "petitions" to change or make a law, although this is not related to the 1st amendment right | * citizens have a constitutional right to organize "petitions" to change or make a law, although this is not related to the 1st amendment right | ||
* in Constitutional Law, this right is not controversial, although lobbying, which is a form of "petitioning" the government is very controversial | * in Constitutional Law, this right is not controversial, although lobbying, which is a form of "petitioning" the government is very controversial | ||