First Amendment Full Text: Congress

First Amendment

Full Text:

"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."

Constitution, Cornell University Law School Website).

Any summary of the rights guaranteed by the First Amendment ends up longer than the Amendment itself; the succinct wording of the text is deceptively simple, but the various interpretations that have solidified its meaning are quite far-reaching and complex, so much so that they are actually still contentious. Essentially, the First Amendment prevents the government from either establishing or denying religious practices, ensures that all citizens of the United States of America have the write to print and to say whatever they want (with certain narrow limitations), and ensures that they will be able to meet freely and to seek a response regarding any issue or grievance from the federal government without a fear of reprisal (U.S. Constitution Online).

Ratification

Along with the Second through Tenth Amendments (with which the first are known collectively as the Bill of Rights), the First Amendment was ratified by the various state legislatures on December 15, 1791, shortly (in relative legal terms) after the Constitutional Convention (U.S. Constitution Online).

Freedom of Religion

One of the most contentious components of the First Amendment is the guarantee of a freedom of religion. There are actually two separate components to this freedom; the First Amendment both guarantees a freedom from the establishment of religion by the government and the freedom for individual citizens to practice whatever religion they choose in almost any way they choose. Though related, these two freedoms actually play out independently in many instances, and both have led to more than their fair share of controversy over the centuries.

The intent behind this component of the First Amendment was to prevent any official or mandated religion from taking place. Many of the original colonists that had come to this land did so because they had been persecuted in their home countries for their religious beliefs, and these two separate guarantees were included to make sure similar situations couldn't happen here. The success of these efforts, as Supreme Court cases show, has been mixed.

US v. Ballard

322 U.S. 78 (1944)

Facts: Guy Ballard was convicted of fraud for claiming to heal people for money. Jury members were told only to consider if he believed his claims or not, and not to consider his religious beliefs in general.

Issue: Should the jury be allowed to consider the teachings of the "I Am" movement (of which Ballard was a member) in their determination of Ballard's guilt or innocence (does the freedom of religion guarantee the right to assert that religion as a defense for possibly criminal acts?

Holding: The original conviction stood; Ballard's religious beliefs were deemed immaterial.

Reasoning: Regardless of Ballard's religious beliefs, the Court determined (along with the original trial judge) that the only issue at hand was whether or not Ballard believed in good faith that he could heal people. The underlying religious beliefs f the "I Am" movement did not matter. This made the prohibition against the state or even juries determining the validity of religious beliefs explicit, stating that not only were they immaterial but that they were unallowable for consideration under the law.

Minersville School District v. Gobitis

310 U.S. 586 (1940)

Facts: Two children (10 and 12) were suspended from school for refusing to salute the flag on religious grounds (the children were Jehova's Witnesses).

Issue: Were the children's due process denied because of their exercise of religious freedom?

Holding: The suspension stood; the right of the school district to promote national unity was determined more at issue than the freedom of religious exercise limited by the act of saluting the flag

Reasoning: Freedom of religion was never meant to guarantee freedom from other laws that do not prohibit or prevent the exercise of religion, therefore when laws exist for other compelling reasons they can be upheld even in the face of religious opposition. This broadened the situations in which authority wins out over liberty in religious cases

Board of Education of the Westside Community Schools v. Mergens

496 U.S. 226 (1990)

Facts: Students attempting to form a Christian Club were denied the opportunity when the school decided that a faculty sponsor -- a requirement for all clubs -- would constitute an endorsement of a specific religion (i.e. Christianity).