First Amendment protections and constitutional principles

First Amendment

The founding of the United States as a nation over two hundred years ago was marked by several important factors. Two of these were the adherence to free and open practice of one's faith and voicing out of ideas, thoughts and opinions without fear of reprisal or persecution. These are not surprising considering that those that arrived in the country even long before the birth of the American nation did so to escape their own nations and societies that persecuted them because of their religious faiths and even stomped on their ability to speak what was on their minds. Thus, the rights to free and open practice of religion and free speech became part of the United States Constitution albeit belatedly since these were not incorporated in the original when ratified in 1787. Indeed, some of the framers of the original Constitution had second thoughts because there were no provisions thereto that guarantees civil liberties and as such, beginning in 1789, there were initiatives to ratify the Bill of Rights including the First Amendment to the original Constitution of the United States. What was particularly critical with the First Amendment were the provisions contained therein and specifically states: "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."

By 1791, the Bill of Rights and the First Amendment were adopted in the United States Constitution and from then as the adage goes, "the rest was history." But the rest being history did not mean that after the ratification of the First Amendment, the provisions thereto did not go through hurdles and challenges. The fact of the matter is that the First Amendment was tried and tested time and again, For instance "in 1798, seven years after the First Amendment's adoption, Congress, over the objections of James Madison and Thomas Jefferson, passed the Alien and Sedition Act, and was used by the dominant Federalist Party to prosecute a number of prominent Republican newspaper editors (American Civil Liberties Union [ACLU], 2011)." Even in the Information Age that the American nation is at now, it is still being challenged especially with the applicability of the provisions in contemporary times. Before delving into these though, it is critical first to know and understand what are the provisions and clauses of the First Amendment.

Generally, the First Amendment comprises of six provisions and clauses: (1) the establishment clause; (2) the free exercise clause; (3) freedom of speech; (4) freedom of press; (5) freedom of assembly; and (6) the right to petition. The establishment clause provides for a guarantee that any branch of the American government will not be biased for and against any religious establishments. The establishment clause has often been deemed as the specific provision that calls for the separation of the Church and the State. "Largely because of this prohibition against government regulation or endorsement of religion, diverse faiths have flourished and thrived in America since the founding of the republic. Indeed, James Madison, the father of the United States Constitution, once observed that 'the [religious] devotion of the people has been manifestly increased by the total separation of the church from the state.' (Anti-Defamation League [ADL], 2001)" Consequently, the United States became one of the nations that set the tone for what religious tolerance really means provided the religion being practiced do not inculcate or preach violence against persons and the downfall of the government. This is particularly true for various religious fundamentalist groups that "threaten the American way of life by seeking to impose their will upon American society, because they hate the freedoms (Hinkle, 2011)" protected by the United States Constitution and the American government.

The First Amendment did not rest on its laurels by merely ensuring that citizens of the United States be part of the religion they wish to be part of. The free exercise clause provides the means for them to openly practice these religious beliefs without any fear or doubt that the government will crack down on them. The roots of this clause were the result of the experiences of immigrants who fled their homelands for America because the societies they came from were favorable to particular and specific religious groups. Hence, if citizens of that nation were not members of the "preferred religious organization" of the State, they face dire consequences up to and including death for the belief and practice of their faiths. Free from government control -- and without government assistance -- religious values, literature, traditions and holidays permeate the lives of American citizens and, in their diverse ways, form an integral part of the American national culture (ADL, 2001).

The freedom of speech and provisions of the First Amendment are two of the most well-known principles of the amendment. When it was introduced during the deliberation in Congress, "Madison's version of the speech and press clauses, introduced in the House of Representatives on June 8, 1789, provided: 'The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable.' (United States Senate, 1996)" Again, these have their roots in the oppressive regimes early immigrants escaped from especially those societies and governments that imposed harm or death on their citizens who voice out opinions that went against the stance of the autocratic governments. More particularly though was when the American nation was under British rule, "the early Americans also frequently criticized the much-despised local representatives of the Crown. But they protested at their peril, for the English common law doctrine of 'seditious libel' had been incorporated into the law of the American colonies. (ACLU, 2011)" The experiences during colonial times were fresh in the minds of those that sponsored the First Amendment and thus, they made sure that what happened during those times would not happen again with the fledgling American nation.

The American nation during colonial times and even those who immigrated then knew the consequences when there was an assembly or gathering that was doubtful to the existing regime. Often, these assemblies were broken and members thereof were charged with seditious acts. This becomes even worst if during the assemblies, the grievances against the government were being expressed. Unfortunately, doing so would mean dire consequences for those caught. Taking these sad experiences to heart, the freedom of assembly alongside the freedom of speech and expression clauses of the First Amendment ensured that American citizens would be free from government retaliation especially if those voicing out their opinions were doing so to check whether the government has been doing its job properly. The important premise of these provisions is that "freedom of expression is necessary to our system of self-government. If the American people are to be truly sovereign, the masters of their fate and of their elected government, they must be well-informed. They must have access to all information, ideas and points-of-view. The precondition for a free society is an informed and enlightened citizenry. Tyrannies thrive on mass ignorance. (ACLU, 2011)"

Having a government and being governed by elected and appointed officials can never be a one-way street. This means that being part of the government is having the power over the citizens. As history has proven time and again, the power vested on the government often gets abused and corrupt officials have ended up subjugating the citizenry. lessons abound in the United States' history on the manner especially during the colonial past when the nation was under British rule. There were no checks -- and balances in the government and when a citizen began questioning authorities, the citizen did so at his or her own peril. The right to petition clause of the First Amendment provided for a means where citizens who have grievances against the government can do so and assured that they will be heard. There will be due process and if the grievance is valid, remediation measures will be forthcoming. Tracing the origins of the inclusion of the right to petition, it "took its rise from the modest provision made for it in chapter 61 of Magna Carta 1215 (United States Senate, 1996)." From then the right to petition alongside freedom of speech and expression "provides a 'check' against possible government corruption and excess, which seem to be permanent features of the human condition (ACLU, 2011)."

From its inception and through contemporary times, the right to petition has been used in order to right the wrongs done by the government. Thus, several lawsuits have been made against various branches of the governments and some of these have changed the way government uses the power vested on them by the people. For instance, "the right of petition recognized by the First Amendment first came into prominence in the early 1830s, when petitions against slavery in the District of Columbia began flowing into Congress in a constantly increasing stream, which reached its climax in the winter of 1835 (United States Congress, 1996)." Although the results then were not complementary to this clause of the First Amendment, the actions made then opened the floodgates for redresses of grievances against the United States government.

The validity and effectiveness of the First Amendment as well as all other amendments of the United States Constitution can be determined through various tests in time. Fortunately, the First Amendment stood steadfast and changed various facets of American lives throughout the centuries. But despite all these, the First Amendment, and even the whole American Constitution and Bill of Rights for that matter, cannot be deemed as perfect because any case brought to test it will have results that are both acceptable to some and unacceptable also. This is what makes for a great democracy like the United States when its laws are not taken at face value but rather there will be challenges to the applicability thereto. In the case of the religious freedom provision of the First Amendment, "back in 1990, the Supreme Court upheld an Oregon law forbidding the use of peyote, a drug used in Native American religious rituals. Faith groups worried that the precedent could lead to more laws that infringed on religious practices, so Congress passed the Religious Freedom Restoration Act (RFRA) (Hinkle, 2011)." Although the RFRA may seem broad in contents, the importance of the actions leading to the promulgation of the act is that the foundation of religious freedom saw protection from the Legislative Branch of the American government.