First Amendment Liberties

First Amendment Freedoms

By the end of this lesson, you will be able to describe the five freedoms protected by the First Amendment, apply landmark cases, and analyze the limits on each freedom.

The Five Freedoms

The First Amendment prohibits Congress from making any law:

• Respecting an establishment of religion, or prohibiting the free exercise thereof
• Abridging the freedom of speech
• Abridging the freedom of the press
• Restricting the right of peaceful assembly
• Prohibiting petitioning the government for redress of grievances

Religion Clauses

Establishment Clause: the government cannot establish an official religion or favor one religion over others.

Key tests: Lemon v. Kurtzman (1971) established the Lemon Test: a law must (1) have a secular purpose, (2) not primarily advance or inhibit religion, (3) not excessively entangle government with religion.

Engel v. Vitale (1962): school-sponsored prayer violates the Establishment Clause — even if non-denominational.

Free Exercise Clause: individuals may hold any beliefs and practice their religion, with some limits when religious practice conflicts with law.

Employment Division v. Smith (1990): neutral, generally applicable laws don't violate free exercise even if they burden religious practice. (Led to RFRA — Religious Freedom Restoration Act.)

Freedom of Speech

Broad protection: speech is the most protected right; content-based restrictions face strict scrutiny (must be narrowly tailored to serve a compelling government interest).

Unprotected speech: some categories receive little or no protection:

• True threats: direct threats of imminent harm
• Fighting words: speech likely to provoke immediate violent response (Chaplinsky v. New Hampshire, 1942)
• Obscenity: lacks serious literary, artistic, political, or scientific value (Miller v. California, 1973)
• Defamation: false statements of fact that damage reputation (for public figures, must show "actual malice" — , 1964)