First Amendment: An Overview
The First Amendment of the
United States Constitution protects the right to freedom of religion and freedom of expression from government interference. It prohibits any laws that establish a national religion, impede the free exercise of religion, abridge the freedom of speech, infringe upon the freedom of the press, interfere with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances. It was adopted into the
Bill of Rights in 1791. The Supreme Court interprets the extent of the protection afforded to these rights. The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. Furthermore, the Court has interpreted the
Due Process Clause of the
Fourteenth Amendment as protecting the rights in the
First Amendment from interference by state governments.
Freedom of Religion
Two clauses in the First Amendment guarantee freedom of religion.
The Establishment Clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another. It enforces the "separation of church and state." However, some governmental activity related to religion has been declared constitutional by the Supreme Court. For example, providing bus transportation for parochial school students and the enforcement of "
blue laws" is not prohibited. The
Free Exercise Clause prohibits the government, in most instances, from interfering with a person's practice of their religion.
First Amendment