Bill of Rights

First Amendment

Plain-English Explanation

The First Amendment protects the freedoms of religion, speech, press, assembly, and petition. It bars the government from establishing a religion, prohibiting its free exercise, or restricting political expression and the right to assemble and petition the government for change.

Relevant Provision

U.S. Const. amend. I: '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.'

Relevant Decisions

  • Gitlow v. New York

    Gitlow v. New York, 268 U.S. 652 (1925)

    Held that the First Amendment's protections of free speech and press apply to the states through the Fourteenth Amendment's Due Process Clause.

  • Schenck v. United States

    Schenck v. United States, 249 U.S. 47 (1919)

    Established that speech creating a 'clear and present danger' of substantive evils is not protected; the origin of the 'shouting fire in a theatre' analogy.

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