First Amendment

Quick Definition: First Amendment

“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.”

Key points

• Protects five core freedoms: religion, speech, press, assembly, petition.
• Gitlow v. New York (1925) applied the First Amendment to the states using the 14th Amendment.
• Key doctrines include the Establishment Clause, Free Exercise Clause, and freedom of expression jurisprudence.
• Time, place, and manner restrictions are permitted if content-neutral and narrowly tailored.

FAQ

• Does this amendment protect hate speech? Generally yes, unless it incites imminent lawless action.
• Does it cover digital media? Yes, freedom of the press extends to all forms of media.
• Are protests protected? Peaceful protests are protected, but the government may regulate the time and place.