On September 17, 1787
the delegates to the Constitutional Convention met for the last time to
sign the document they had created. The National Archives and Records
Administration celebrates this important day in our nation's history by
presenting the following activities, lesson plans, and information. We
encourage teachers and students at all levels to learn more about our
Constitution and government.
The First Amendent reads as follows:
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.
Let's break this down into it's constituent parts shall we?
1. Congress shall make no law respecting an establishment of religion.
2. Congress shall make no law prohibiting the exercise of religion.
3. Congress shall make no law abridging the freedom of speech.
4. Congress shall make no law abridging the freedom of the press.
5. Congress shall make no law abridging the right of the people peaceably to assemble.
6. Congress shall make no law abridging the right of the people to petition the Government for a redress of grievances.
Let's also remember that the rights in the Bill of
Rights are not absolute. Restrictions can - and in a place that follows
the rule of law, must - be placed. For example, your right of free
speech is restricted in that you may not shout "Fire!" in a crowded
theater. Your right to peaceably assemble ends when you try to assemble
on my private property.
And a final point: Congress herein
means federal House and Senate (and bills signed by the President into
law). States can make all sorts of laws regarding each of these six
issues as long as making such laws is not contrary to that state's own
constitution.
The Vermont Constitution states:
Article 3rd. Freedom in religion; right and duty of religious worship (notes)
That
all persons have a natural and unalienable right, to worship Almighty
God, according to the dictates of their own consciences and
understandings, as in their opinion shall be regulated by the word of
God; and that no person ought to, or of right can be compelled to
attend any religious worship, or erect or support any place of worship,
or maintain any minister, contrary to the dictates of conscience, nor
can any person be justly deprived or abridged of any civil right as a
citizen, on account of religious sentiments, or peculiar mode of
religious worship; and that no authority can, or ought to be vested in,
or assumed by, any power whatever, that shall in any case interfere
with, or in any manner control the rights of conscience, in the free
exercise of religious worship. Nevertheless, every sect or denomination
of Christians ought to observe the sabbath or Lord's day, and keep up
some sort of religious worship, which to them shall seem most agreeable
to the revealed will of God.
So, you can be whatever religion you want, but if you are Christian, you should go to Church on Sundays.
1.
Congress (federal) can not make a law to establish the Church of the
United States. (In my mind that would include the first church of
atheism). This clause was added so that United States would not follow
England's example and have a Church of England situation with a King or
Queen as titular head of said church.
2. Congress (federal)
can not make a law to prohibit the free exercise of religion. (Legal
restrictions can, again, be placed on this. For example human sacrifice
is against the law. You may not practice that even if your religion
calls for it. Polygamy is against the law. You may not practice it even
if your religion calls for it.)
3. Congress (federal) can not
make a law abridging the freedom of speech. (There are legal
restrictions. As noted above, one can not shout "Fire!" in a crowded
theater. The safety of the patrons outweighs your free speech rights).
Alaska's Constitution says this best I think:
SECTION 5. FREEDOM OF SPEECH. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right.
So, say or write what you will, but be prepared to take responsibility and the consequences should you abuse that right.
4.
Congress can not make a law abridging the freedom of the press. The
press have the right to print what they want. This is restricted by
laws regarding libel and slander. The press do not have the right to
get in your face and ask questions. If they are on your property (or
other private property) you can tell them to go away. If they won't,
you can have the police remove them. They can ask questions but do not
have the right to an answer. There is no special privilege for
journalists to keep secrets. Doctors/Patient and Attorney/Client
relationships are covered by privilege. Journalist/informant
relationships are not.
5. Congress (federal) can not make a
law abridging the right of the people to peaceably assemble. Once
again, the federal government can not make a law. A municipality has
the right to require a permit if they so desire. A municipality may
want to know when and where an assembly may be held in order to
schedule police presence and perhaps even close off streets to
accomodate crowds.
6. Congress (federal) can not make a law
abridging the right of the people to petition the Government for a
redress of grievances. One is able to petition the Government without
fear of reprisals.
These are all my own thoughts on the
First Amendment, memories of High School civics courses (lo these many
years ago), and recent readings all over the Web…