Introduction to Constitutional Law

“Congress shall make no law… abridging the freedom of speech, or of the press; or the right of the people peacefully to assemble, and to petition the Government for a redress of grievances.”

First Amendment

The First Amendment aims to protect the rights of individuals and organizations to express their opinions and emotions about different issues or events that are happening in their lives, while prohibiting government interference. The First Amendment also guarantees people the freedom to practice their religion or beliefs by eliminating or preventing the passage of laws that will impact or effect their religious beliefs. Without the First Amendment, protesters could be silenced, the press would not have the freedom to openly report, citizens could not rally for social change and religious minorities could be wronged. Most people believe in the right to free speech, but debate whether it should include flag burning, pornography, hate speech, and various forms of symbolic speech. Many people, at some level, recognize the need for religious autonomy and toleration, however some people react when a religious principle from a religion considered a minority conflicts with an applicable law or with their own religious faith. Many Americans see the need to separate church and state, while condemning the banning of school-sponsored prayer from public schools or the removal of the Ten Commandments from public buildings. It is important to note that constitutional rights are not without limit- they do indeed have varying relevance under different conditions. One example would be the result of Young v. American Theaters (1976). Because of Young v. American Theaters there are now three levels protected speech: (1) full protection (2) intermediate protection and (3) no protection. Only vulgar speech and commercial speech carry intermediate protection, meaning that law makers have a liberated hand in administering...