Bill of Rights, Constitutional Freedoms

¶ … Bill of Rights, Constitutional Freedoms and Free Speech

The Bill of Rights, Free Speech, Freedom of the Press and Freedom of Religion

The Bill of Rights comprises the first ten Amendments to the United States Constitution. It is no coincidence that the First Amendment is devoted to prohibiting the government from censoring citizens from freely expressing their views and opinions, particularly on political issues and in opposition to the government. That is because the ability to express one's self is, arguably, the most fundamental freedom that is most at risk under tyrannical governments. The First Amendments 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."

In that short paragraph, the Framers of the U.S. Constitution encapsulated some of the most fundamental and important rights of citizens: namely, the right against government censorship of speech of private individuals, the right against government censorship of the press, the right of peaceful protest in opposition to governmental policies and actions, and the right of free religious self-determination. In principle, free speech is not an affirmative right of citizens but merely a protection from the interference with speech by the government. For example, private (i.e. non-governmental) entities, such as newspapers and business owners, may freely "censor" speech with which they disagree. Nevertheless, the right against governmental censorship of speech and press is one of the most essential components of any society. In the case of the U.S. Constitution, free speech and the other rights enumerated in the Bill of Rights reflect the specific experiences that the Colonists had faced as subjects of British rule prior to the War of Independence.

The History of the Focus of the Bill of Rights

As subjects of the British Royal Crown, the Colonists had experienced harsh punishment for expressing opinions that were critical of the Crown and of the Church of England. They were required to subscribe to the religious views of the Church of England, and in very recent history at that time, faced torture, long-term imprisonment in dungeons, and death by various gruesome means for demanding religious autonomy. Furthermore, under British rule, citizens could have their homes invaded by troops at virtually any time and their possessions and papers seized and confiscated without cause or justification, merely on suspicion of wrongdoing. Citizens accused of criminal acts could be arrested and imprisoned without cause and coerced to confess, even falsely, simply to avoid the brutal consequences of continuing to argue their innocence of the stated charges.