4,995
edits
US Constitution study guide: Difference between revisions
→Amendment 1 [protections of religion, speech, press, assembly & petition]
| Line 921: | Line 921: | ||
* = protects the rights of the citizens to "exercise" (follow, adhere to) of religion | * = protects the rights of the citizens to "exercise" (follow, adhere to) of religion | ||
* = prohibition on any governmental restriction upon religion | * = prohibition on any governmental restriction upon religion | ||
* thus, for example, praying in a public school, if "exercised" by students and not required or sponsored by the school would not, under the Free exercise clause, constitute a violation of the Establishment clause}}'''; 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. | * thus, for example, praying in a public school, if "exercised" by students and not required or sponsored by the school would not, under the Free exercise clause, constitute a violation of the Establishment clause | ||
* note that almost all of the colonies had "established" churches (Church of England in the South, Puritan (or Congregationalist) in New England with legal requirements to attend services and pay tithes (religious tax) | |||
* the middle colonies generally had no established church, Rhode Island, especially, as a founding principal of the colony was religious tolerance | |||
* Massachusetts was the last state to fully "disestablish" its state church in 1833}}'''<ref>See https://constitutioncenter.org/interactive-constitution/interpretation/amendment-i/interps/264; https://mtsu.edu/first-amendment/article/801/established-churches-in-early-america</ref>; or abridging the '''{{#tip-text:freedom of speech|freedom of speech | |||
* = protection of the right of expression | |||
* "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 | |||
* accepted limits on the "freedom of speech" include: | |||
** direct threats of violence, obscenity, defamation (speech that causes harm with false accusations) | |||
* that the Founders called rights to speech and the press "freedom" as opposed to a "rights" means that speech and press "freedoms" are not "absolute rights", i.e., they have limits}}''', or '''{{#tip-text:of the press}}'''<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}}''' for a redress of grievances. | |||
==={{#tip-text: Amendment 2|}}=== | ==={{#tip-text: Amendment 2|}}=== | ||