The First Amendment: Read and Respond

After the United States gained freedom from Great Britain, the Founding Fathers began to envision a plan for their new nation. In 1787, members of the Federalist party outlined the country’s guiding principles in the US Constitution. The Federalist party advocated for a strong federal government with strict control over state governments. Many anti-federalist state governments were concerned for their citizens’ rights. They believed that the federal government might gain too much power. They feared this would restrict citizens’ individual freedoms. As a result, in 1791, James Madison wrote the Bill of Rights to address these concerns. The Bill of Rights is the first ten amendments of the US Constitution. Amendments serve as an add-on or correction to the Constitution. There are currently 27 amendments.

Which of these best describes why James Madison wrote the Bill of Rights?

• to make the US Constitution more like the English Constitution

• to make the Constitution longer because anti-Federalists feared it was too short

• to protect individual freedoms by placing limits on the power of the federal government

• to prove to Thomas Jefferson that the Constitution needed a lot of corrections and was not ready to be adopted

The First Amendment reads, “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.”

As outlined above, the First Amendment grants several basic rights. James Madison’s goal for the amendment was to set America apart from Britain. During that time, free speech that criticized the government was illegal in England. The First Amendment protects free speech and the press.

Those are not the only freedoms that the First Amendment protects. Freedom of religion ensures that the government cannot force a religion on citizens. It must not pass a law “restricting the establishment of religion, or prohibiting the free exercise” of one. Freedom to “peaceably assemble” allows citizens to gather and express, promote or defend their ideas. Additionally, the freedom to petition allows citizens to present requests to the government. These freedoms are all protected under the First Amendment.

Which of these is protected under the First Amendment’s freedom to petition?

• Kei does not eat pork because it is against his religion.

• 100,000 people march to show their support for scientists in Washington, DC.

• The President vetoes a bill from Congress that would decrease the budget for defense.

• 25,000 people sign a letter to the President asking for protection of a wildlife area in Alaska.

The First Amendment grants basic rights. However, there are some exceptions to some of these rights. Freedom of speech and freedom of the press allow individuals to express themselves verbally and in written form without government interference. However, the government can prohibit speech that may incite violence such as hate speech and obscenity in public spaces. The media and press are awarded the same freedom of speech privileges as individuals. They aren’t given any special privileges. Additionally, citizens have the right to assemble. Still, the government can prohibit people from associating in groups that break the law or promote illegal activities.

Which of the following is true about the right to assemble?

• The government cannot interfere with anyone’s right to assemble under any circumstance.

• The government can prohibit people from assembling if they are breaking the law.

• The government has total control over when and where people can assemble.

• The government can prohibit young people from assembling anywhere.

The Sedition Act of 1798 was seen as a challenge to the First Amendment. The act allowed the prosecution of individuals who spoke or printed unfavorable remarks about the government and President John Adams. Fourteen people, mainly journalists, were prosecuted under the act. James Madison and Thomas Jefferson recognized that the act contradicted the First Amendment. As a result, they secretly drafted the Virginia and Kentucky Resolves to protect the First Amendment. In these resolutions, the legislatures of these states took the position that the Sedition Act was unconstitutional.

Which document did James Madison and Thomas Jefferson draft to protect the First Amendment after it was challenged?

• the Bill of Rights

• the Alabama Resolution

• the Sedition Act of 1798

• the Virginia and Kentucky Resolves

Some consider the First Amendment to be the most important amendment. As society changes, what these basic freedoms look like in practice has changed, too. You can see present-day examples of this on social media sites like Twitter or Facebook. On these platforms, people are free to express their beliefs thanks to freedom of speech. Journalists are also free to write without censorship from the government, whether online or in print. The March for Our Lives is a recent example of people exercising their right to assemble. In marches across the country, thousands of people showed their support for new gun laws. Another recent example of an exercise in free speech is former NFL player Colin Kaepernick’s protest against racial injustice. In taking a knee on the football field during the national anthem, he exercised freedom of speech without using words. All of these are examples of the First Amendment in practice around the country.

Which of these is not a recent example of the First Amendment in practice?

• censoring journalists

• participating in March for Our Lives

• writing about your beliefs on Facebook

• Colin Kaepernick kneeling during the national anthem