Freedom and the Constitution The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. Freedom of expression is made up of the explicit rights of freedom of speech, press, assembly and to petition the government for a redress of grievances, and the implied right of association and belief contained in the First Amendment. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government although it is only expressly applicable to Congress. Furthermore, the Court has interpreted the due process clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments.
Two clauses in the First Amendment guarantee freedom of religion. The establishment clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the “separation of church and state. Some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of “blue laws” is not prohibited.
The free exercise clause prohibits the government, in most instances, from interfering with a persons practice of their religion. The most basic component of freedom of expression is the right of freedom of speech. The right of freedom of speech allows an individual to express themselves without interference or constraint by the government. The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech if it attempts to regulate the content of the speech. A less stringent test is applied for content-neutral legislation.
The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence. The right of free speech includes other mediums of expression that communicates a message. Despite popular misunderstanding the right of freedom of the press guaranteed by the first amendment is not very different from the right of freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general. 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 belief is implicit in the First, Fifth, and Fourteenth Amendments. This implicit right is limited to the right to associate for First Amendment purposes. It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities.
The right to associate also, generally, prohibits the government from requiring a group to register or disclose its members or from denying government benefits based on an individuals current or past membership in a particular group. There have been exceptions to this general rule when the Court has found that the governmental interests in disclosure/registration outweigh the interference with first amendment rights. The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups. 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 the courts (litigation) or other governmental action. It works with the right of assembly to allow people to join to seek change from the government.