Winning the First Amendment

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It’s not by chance that the First Amendment is foremost among the 10 that comprise the Bill of Rights. Freedom of speech, assembly, press, and other core civil liberties serve as precious protections for the people against government overreach.

The First Amendment traces to the days immediately following America’s revolutionary war against the English monarchy. Political and economic elites drafted a constitution for a strong federal government reflecting their interests. But opinion swelled among soldiers, farmers, and other unprivileged layers of society for a counter balance of rights guaranteed to the people. Popular sentiment for basic civil liberties held up ratification of the Constitution until the Bill of Rights was drafted, and adopted in December 1791.

The First Amendment reads: 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 subsequent legal rulings, the U.S. Supreme Court established the understanding that the First Amendment applies to the states too. Additionally, the rights to freedom of association and privacy became recognized as integral to the rights of assembly and to petition the government.

Depending on the relationship of societal and economic forces, the courts have broadened or narrowed their interpretation of First Amendment rights in different eras of U.S. history. The strength or weakness of social movements and public pressure plays a decisive role.