why is first amendment important essay

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The first amendment, module 10: the first amendment.

The First Amendment protects some of our most cherished rights, including religious liberty, free speech, a free press, the right to assemble, and the right to petition our government for a redress of grievances. Together, these essential rights are connected to the freedom of conscience—protecting our ability to think as we will and speak as we think. As we examine the First Amendment’s text and history, we will explore debates over the First Amendment’s five freedoms, analyze landmark Supreme Court cases, and examine how the First Amendment has been used by groups of all perspectives to promote their vision of a more perfect Union.

Download all materials for this module as a PDF

Learning Objectives

• Identify the five freedoms protected by the First Amendment.
• Discuss the First Amendment’s speech-protective rule.
• Examine contexts in which the government has some additional leeway to regulate speech.
• Analyze the First Amendment’s religion clauses and explore how the Supreme Court has interpreted them over time.
• Explore landmark free speech and press cases and examine famous quotes. 
• Examine historical examples of different people and groups asserting their petition and assembly rights and reflect on the methods available to you today.

10.1 Activity: Five Freedoms

• Student Instructions
• Teacher Notes

Purpose In this activity, you will discuss the five freedoms enshrined in the First Amendment.

Process As a class, list the first words that come to mind when you hear the words “First Amendment.” What freedoms are enshrined in it?

Read the text of the Primary Source: First Amendment as a class and identify the five freedoms. Highlight, circle, and label the key freedoms and key information along with your classmates.

Your teacher will lead you through a discussion on the First Amendment as a group.

In small groups answer the following questions: 

• Why do you think that these five freedoms were included in the First Amendment? Why are they important? Why might the Founding generation have valued them? Are there any principles (or broader theories) that connect the First Amendment’s five freedoms?
• How does each freedom offer something distinct?
• How do these freedoms overlap and/or reinforce one another?
• What are some ways that you might exercise your First Amendment freedoms today?

Be prepared to discuss your answer as a class.

Launch Begin by asking students what they know about the First Amendment and what freedoms are in it. Next, display the First Amendment’s text or provide copies for all students to view. Read the words out loud. 

The First Amendment  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.

As a class, have the students identify the five freedoms, circle them, and label them for the whole group. 

Guiding Question:

• What freedoms are in the First Amendment?

Discuss examples of how someone might exercise their First Amendment rights. This does not have to be exact, and some informal examples are great, as well. Possible examples: 

• I don’t agree with the time my school starts, and I speak up at a school board meeting. 
• I have a different place to worship than my friends do, or I don’t go to a place of worship at all. 
• I am going to start my own blog to discuss changes I want to see in Congress. 
• Our courthouse does not allow skateboarders. I am going to write a letter and then protest.

Activity Synthesis In small groups, have students reflect on why the First Amendment’s five freedoms are grouped together. Highlight any comments that identify the freedom of belief, expression, or conscience. Talk about how these five freedoms give us all the right to develop our own ideas (and cultivate our own beliefs); worship (or not) freely; communicate our ideas to other people; get together with others to discuss issues, plan activities, and engage in expressive acts like protests and parades; and petition the government. Throughout American history, many of these First Amendment rights have often been important to unpopular groups, those representing minority groups with little political power or voice from all perspectives.

Guiding Questions:

Activity Extension (optional) Now that students have a better understanding of the five freedoms protected by the First Amendment, ask them what would happen if these freedoms were not protected by the Constitution? What are some of the dangers?

10.1 Primary Source: First Amendment

This activity is part of Module 10: The First Amendment from the Constitution 101 Curriculum

10.2 Video Activity: Big Ideas Behind the First Amendment

Purpose In this activity, you will learn more about the big ideas behind the First Amendment.

Process Watch the following video about the First Amendment.

Then, complete the Video Reflection: The First Amendment worksheet.

Identify any areas that are unclear to you or where you would like further explanation. Be prepared to discuss your answers in a group and to ask your teacher any remaining questions.

Launch Have students watch the video, answer the questions, and complete the Video Reflection: The First Amendment worksheet.  The goal is to make sure the students understand these four key principles of the First Amendment:

• Freedom of conscience is an unalienable right because people have the right and duty to think for themselves.
• Free speech makes representatives accountable to “We the People.”
• Free speech is necessary for the discovery of truth and the rejection of falsehood.
• Free speech allows the public discussion necessary for democratic self-government.

Activity Synthesis Engage in a classroom discussion on how free speech and religion, assembly and petition are all connected to the overarching idea of the Freedom of Conscience. Why is it so important for us to exercise our freedom to think? How are we as members of this democracy engaging in this practice in our lives? How do we stretch our perspectives by exposing ourselves to others' ideas and other viewpoints?

Activity Extension (optional) Now that students have a better understanding of the freedom of conscience, ask the students to examine your own school or community. How much diversity of thought is in your after school clubs, community centers, or even in the choices of books in your local library. Write a short review of our community’s freedom of conscience. 

10.2 Video Reflection: The First Amendment

10.3 activity: religion clauses.

Purpose The First Amendment has two clauses related to religion: one preventing the government establishment of religion (the Establishment Clause) and the other protecting the ability to freely exercise religious beliefs (the Free Exercise Clause). In this activity, you will review these clauses, why they were included in the Bill of Rights, the issues they address, and how the Supreme Court has interpreted them over time. 

Process Read your assigned interpretations:

• Text of the Constitution
• Common Interpretation: The Establishment Clause
• Common Interpretation: Free Exercise Clause

Complete the Activity Guide: Religion Clause s worksheet. Your teacher will lead you in a group, explain your assigned clause, and build a deeper understanding of both clauses and how they work together or in conflict with one another. 

Finally, as a class read Info Brief: Kennedy v. Bremerton School District Case then join in a group discussion on modern cases today and constitutional hypotheticals . 

Launch Divide the class into small groups of 3-4 and assign half the groups to read the Establishment Clause Common Interpretation Essay and the other half of the groups will read the Free Exercise Clause Common Interpretation Essay. Students will work in groups to complete the worksheet and prepare to share a summary.

Activity Synthesis Jigsaw the groups, have them share their summaries and collectively identify the big idea behind each clause, then discuss as a class. Questions include:

• How do the big ideas found in the essays connect or compare to one or all of the four big ideas from the video?
• How are these two clauses in the Constitution at odds? Can you give examples?
• What modern cases have come to light that are testing one or both of these clauses?

Large Group Discussion: Hypos This is a great class to engage in hypotheticals and a civil dialogue. After students complete the sections up to this part, engage in a large class discussion on the following constitutional question presented in the Kennedy case.  Assign students to read about Kennedy v. Bremerton School District. Then lead a discussion with the following hypothetical questions. This is a great opportunity to explore discussion methods that allow for student voice and agency with techniques like the Fishbowl method or the Harkness method. See the Civil Dialogue Toolkit for more tools to build this skill. 

Kennedy Case Scenario(s) :  

• Under this ruling, can a teacher give a brief, silent prayer before eating a snack at the front of the classroom? 
• What if the teacher prays aloud?
• What if the students are not in the classroom?
• What if a group of students stopped back in the classroom during recess?
• What if the teacher invites students to join the teacher in prayer on a voluntary basis?
• What if students join the teacher voluntarily without the teacher asking them? Can they join the teacher? Does the teacher have a constitutional obligation to tell them not to join?
• What if the teacher prays in the teachers lounge?
• Does the age of the students and/or audience affect how you consider these hypotheticals? 

Activity Extension (optional) Now that students have a better understanding of the religion clauses of the First Amendment, answer the following questions: 

• Why did the Founding generation include the Establishment Clause and the Free Exercise Clause in the Bill of Rights? 
• How have the Establishment Clause and Free Exercise Clause shaped the role of religion in our government and society over time? 

10.3 Info Brief: Kennedy v. Bremerton School District Case

10.3 activity guide: religion clauses, 10.4 activity: speech quotation analysis.

Purpose In this activity, you will examine free speech quotes from landmark Supreme Court cases and compare them to the big ideas shared in the video. 

Process For background on the legal framework for analyzing First Amendment Speech and Press Clauses, read the following interpretation:

First Amendment: Speech Clause and the Press Clause

• Common Interpretation

Analyze the First Amendment Quotes provided to you and explore longer excerpts in the Founders’ Library to better understand the context for them and the development of free speech and a free press in America.  

In your group, complete the following tasks on the Activity Guide: Speech Quotation Analysis worksheet.

• Define any words that you do not understand.
• Summarize each quotation and write one to two sentences explaining it in your own words.
• Explain how the quote connects to the broader conclusion that the Supreme Court reached in the case.

Think about the big ideas from the First Amendment instructional video. Draw any connections to the four First Amendment principles highlighted in the video. Explain the connections.

As a reminder, here are the four big ideas:

Be prepared to share key point(s) and draw connections to what you explored in the videos and primary sources. 

Launch Divide the class into groups prior to class and have them complete the readings.

Students will analyze the quotations supplied and explore longer excerpts in the Founders’ Library to better understand it in the context of free speech over time in America. Teachers can project the quote on the board for all to view and/or provide students with a copy of the First Amendment Quotes handout. Using the provided Activity Guide: Speech Quotation Analysis worksheet, students will share key points of the longer excerpts with their classmates and draw connections to what they explored in the videos and primary sources from each group that were examined.   

• Schenck v. United States (1919)
• Abrams v. United States (1919)
• West Virginia Board of Education v. Barnette (1943)
• New York Times Co. v. Sullivan (1964)
• Tinker v. Des Moines Independent Community School District (1969)
• Brandenburg v. Ohio (1969)
• New York Times Co. v. United States (1971) (The Pentagon Papers Case)
• Hazelwood School District v. Kuhlmeier (1988)
• Texas v. Johnson (1989)

Activity Synthesis The Founding generation believed that

“freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth; that without free speech and assembly discussion would be futile; that with them, discussion affords ordinarily adequate protection against the dissemination of noxious doctrine; that the greatest menace to freedom is an inert people; that public discussion is a political duty; and that this should be a fundamental principle of the American government.”

Justice Brandeis, Whitney v. California

Ask students the following questions:

• Why does the First Amendment protect free speech and a free press?
• How does free speech ensure democratic self-governance?
• How does this quote relate to Justice Holmes’s account of a “marketplace of ideas” and its importance to free speech?
• Are you persuaded by Brandeis and Holmes? What are the strengths of their visions? What are the weaknesses?
• Does free speech promote tolerance? Why or why not?
• How does social media influence your assessment of the First Amendment visions of Holmes and Brandeis?

Activity Extension (optional) Now that students have a better understanding of the First Amendment’s protections for free speech and a free press, ask the following question:

• When does the government have greater leeway to regulate speech? Hint: Check out the Common Interpretation essay on Freedom of Speech and Press .

10.4 Activity Guide: Speech Quotation Analysis

10.4 first amendment quotes, 10.5 activity: assembly and petition.

Purpose But wait, there is more in the First Amendment! The First Amendment also protects the right to assemble and the right to petition the government for a redress of grievances. These are two distinct rights. First, the right to assemble protects our right to gather together with others in groups—whether as part of a political meeting, religious gathering, street protest, or parade. And second, the right to petition goes to our right to join together with others to share our collective views with the government—often by highlighting problems and suggesting ways of fixing them. 

Process Examine the primary source assigned to you and your partner, and complete the Activity Guide: Assembly and Petition worksheet. 

Review your responses with a classmate who examined the same primary source and be prepared to share with your class the connection to assembly and petition.

Launch Break students into pairs and assign each team a primary source. Have each student examine the primary source and then discuss with their partner and complete the worksheet.  Information Sheet With All Excerpts:

• Petition from the Pennsylvania Society for the Abolition of Slavery to the First Congress (1790).
• The Gag Rules Debate (1835-1840).
• Seneca Falls Declaration (1848).
• Proceedings of the State Convention of Colored People, Held at Albany, New York (1851).
• Frederick Douglass, Plea for Freedom of Speech in Boston (1860).

Activity Synthesis Once each team has completed the worksheet, have them share with the larger group some key concepts from the reading.

• Identify the author(s) and year.
• Answer how the author(s) use assembly or petition rights to promote change.
• Describe the types of changes the author(s) advocate.
• Cite 1-2 quotes as evidence for the argument. Why did you pick these two?

Note for the class when there are similarities between groups that had the same primary source and differences. 

Ask students if they can find any connections between these sources and a modern day debate in our country.   Activity Extension (optional) Now that students have a better understanding of assembly and petition, ask students to explore news articles or segments in media that present the Assembly Clause in action. Is it presented as negative or positive? What was the group and what was their main message? What part of the government were they appealing to? 

10.5 Activity Guide: Assembly and Petition

10.5 primary source: frederick douglass, plea for freedom of speech in boston (1860), 10.5 primary source: petition from the pennsylvania society for the abolition of slavery to the first congress (1790), 10.5 primary source: proceedings of the state convention of colored people, held at albany, new york (1851), 10.5 primary source: seneca falls declaration (1848), 10.5 primary source: the gag rules debate (1835-1840), 10.6 activity: exit ticket reflection.

Process To complete this module, write a short paragraph about free speech as it relates to social media and be prepared to share it in class.

Remember the rule from Brandenburg v. Ohio : Generally speaking, the government may punish if it is intended to and likely to cause imminent lawless action. In this activity, you will reflect on whether such a speech-protective rule works in the age of social media.

Read this article from The Atlantic by Jeffrey Rosen: Elon Musk Is Right That Twitter Should Follow the First Amendment .

Write a short paragraph in response to the following question: Do you think that social media companies should follow the same guidelines of the First Amendment as the government does? As a reminder, social media companies do not have to follow standard First Amendment rules because the First Amendment only applies to the government, not to private companies, which can create their own guidelines or policies with respect to how their platform is used and how their business is run. List three pros and three cons as part of your short paragraph response.

10.7 Test Your Knowledge

Congratulations for completing the activities in this module! Now it’s time to apply what you have learned about the basic ideas and concepts covered.

Complete the questions to test your knowledge.

This activity will help students determine their overall understanding of module concepts. It is recommended that questions are completed electronically so immediate feedback is provided, but a downloadable copy of the questions (with answer key) is also available.

10.7 Interactive Knowledge Check: First Amendment: Speech, Press, Religion, Assembly, and Petition

10.7 printable knowledge check: first amendment: speech, press, religion, assembly, and petition, previous module, module 9: the judicial system and current cases, next module, module 11: the fourth amendment.

The Fourth Amendment protects us from unreasonable search and seizures of our person, our house, our papers, and our effects. In many cases, this amendment governs our interactions with the police. Before the government—including police officers—can search your home or seize your property, it needs a good reason. This is the big idea behind the Fourth Amendment’s warrant requirement. The government needs particularized suspicion—a reason that’s specific to each suspect—before it can get a warrant. Broadly speaking, our Constitution says that the police s...

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Research & Learn

Table of contents, first amendment overview essays.

The essays included in this collection give overviews of some of the most important areas of First Amendment law and scholarship. FIRE hopes that these essays explain the basics of First Amendment case law and jargon in a succinct, yet informative manner. This collection will expand on a regular basis, so please check back for more content.

Chilling Effect

The "chilling effect" refers to a phenomenon where individuals or groups refrain from engaging in expression for fear of running afoul of a law or regulation. Chilling effects generally occur when a law is either too broad or too vague. Individuals steer far clear from the reaches of the law for fear of retaliation, prosecution, or punitive governmental action. Read more about the chilling effect .

COVID-19 Emergency Measures and the First Amendment

The pandemic caused by the pervasive spread of the virus known as COVID-19 has placed significant pressure on government officials to act quickly to try to save lives and slow the spread of the virus. Many officials have responded with significant restrictions in the form of emergency stay-at-home orders, executive orders closing all but “essential” businesses, and bans on public gatherings — often of groups of more than 10 people. . . No matter one’s political beliefs, this time has also placed significant strains on First Amendment freedoms. Read more about COVID-19 emergency measures and the First Amendment .

Defamation refers to false statements of fact that harm another’s reputation. It encompasses both libel and slander. Libel generally refers to written defamation, while slander refers to oral defamation. Read more about defamation .

Fighting Words

The First Amendment may protect profanity directed against another. Then again, such intemperate speech may fall into a narrow, traditionally unprotected category of expression known as “fighting words.” Read more about fighting words .

Freedom of the Press

Collectively, this bundle of rights, largely developed by U.S. Supreme Court decisions, defines the “freedom of the press” guaranteed by the First Amendment. What we mean by the freedom of the press is, in fact, an evolving concept. It is a concept that is informed by the perceptions of those who crafted the press clause in an era of pamphlets, political tracts and periodical newspapers, and by the views of Supreme Court justices who have interpreted that clause over the past two centuries in a world of daily newspapers, books, magazines, motion pictures, radio and television broadcasts, and internet content. Read more about freedom of the press .

K–12 Expression and the First Amendment

Public school students “do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” Tinker v. Des Moines (1969). Such rights must, however, be considered in the context of “the special characteristics of the school environment.” This means that while public school students possess free speech rights at school, school officials can regulate speech more as educators than governments can as sovereign. Read more about K–12 expression and the First Amendment .

Nude Dancing

The First Amendment protects much more than the spoken or printed word. It also protects various forms of symbolic speech and expressive conduct. The Supreme Court has ruled that the display of a red flag, the wearing of a black armband, the burning of the American flag and yes, even nude performance dancing are forms of expression that when restricted, require First Amendment review. Read more about nude dancing and the First Amendment.

Overbreadth

Overbreadth is a supremely important concept in First Amendment law and a key tool for constitutional litigators. A law is too broad—or overbroad—when it not only covers speech that ought to be proscribed but also penalizes speech that should be safeguarded. Read more about overbreadth . 

Secondary Effects Doctrine

The secondary effects doctrine allows government officials to treat patently content-based laws as content-neutral. The animating logic is that government officials are not suppressing speech because of its content but because of adverse side effects associated with the speech, such as increased crime or decreased property values. Read more about the secondary effects doctrine . 

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Remember Why the First Amendment is So Important

Columns appearing on the service and this webpage represent the views of the authors, not of The University of Texas at Austin.

For a country that purports to value our First Amendment right to freedom of speech, it has become clear that some of our elected officials don’t understand it.

State legislatures across the country have passed bill after bill that violate the First Amendment’s free expression protections — protections that limit the government’s ability to infringe on individuals’ speech.

Yet a recent survey of more than 3,000 Americans found that 94% value the First Amendment as vital, and more than half say that it should never be changed.

Now more than ever, we need a renewed focus on civic education to ensure Americans understand their constitutional rights. In particular, one study suggests nearly 1 in 5 Americans cannot name a single freedom listed in the First Amendment.

Still, elected officials are regularly quoted in the media, espousing plans to require social media platforms to carry certain speech or barring them from shutting down certain accounts. Ask honest constitutional scholars, and they’ll assure you these plans are unconstitutional.

This summer, a federal judge in Florida temporarily barred the state from enforcing a new law that targeted social media platforms that shut down accounts of political candidates or “journalistic enterprises,” allowing up to $250,000 in fines per day.

Texas Gov. Greg Abbott has signed several similarly unconstitutional bills. One, HB 20, purports to prohibit social media platforms from engaging in content moderation. Another, SB 4, aims to require Texas sports teams to play the national anthem.

The Arizona Legislature has repeatedly considered a law that would require parents to opt in to any curriculum that addresses gender identity, gender expression of sexuality — effectively limiting schools’ ability to teach about historical events including the Stonewall riots. It also restricted the teaching of HIV and AIDS awareness.

Doing so represents a clear violation of the First Amendment, which is one reason Gov. Doug Ducey — a Republican — vetoed SB 1456. Yet lawmakers persisted, reintroducing the measure.

So why are all these lawmakers, many of whom graduated from elite law schools, proposing laws that contravene the First Amendment? Perhaps it’s political theater. Or perhaps they simply need a bit of civics education.

Like our elected officials, it seems even we voters need a refresher course on these issues. Only 36% of Americans know that social media companies are not liable for the content users post on their platforms, while just over half of respondents knew the First Amendment protected flag burning as a form of free speech.

In numerous opinions during the past century, the Supreme Court has made clear that there are stringent limits placed upon the government when it comes to regulating speech.

As recently as June, the court ruled 8-1 in favor of a high school student who was sanctioned by her school for a social media post that contained a well-known, four-letter expletive. Although the court stopped short of saying public school officials could never sanction students for off-campus speech, it made clear that some speech is protected by the First Amendment.

In November, the Supreme Court will hear a case asserting that the City of Austin exceeded its authority to regulate speech when it enacted an ordinance that treats on-premises signage differently from off-premises signage.

Without a greater emphasis on civic education, and First Amendment rights in particular, many of us will continue to lack the knowledge and tools we need to fully participate in our governance, and taxpayers will continue to foot the bill for legal challenges to state laws that are plainly unconstitutional — laws that should never have been proposed or passed in the first place.

Our nation’s first president, George Washington, famously said, “If freedom of speech is taken away, then dumb and silent we may be led, like sheep to the slaughter.” Free Speech Week offers a great reminder that many of us need to reeducate ourselves about the collective rights and obligations that we have as citizens living under a republican form of government.

Amy Kristin Sanders is an associate professor of journalism and law at The University of Texas at Austin, where she studies global free expression rights.

A version of this op-ed appeared in USA Today and the Austin American-Statesman .

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First Amendment :

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.

The First Amendment to the U.S. Constitution, 1 Footnote U.S. Const. amend. I . viewed broadly, protects religious liberty and rights related to freedom of speech. Specifically, the Religion Clauses prevent the government from adopting laws “respecting an establishment of religion” —the Establishment Clause—or “prohibiting the free exercise thereof” —the Free Exercise Clause. The First Amendment also expressly protects the freedoms of speech, press, peaceable assembly, and petition to the Government.

The Constitution Annotated essays discussing the First Amendment begin with the Religion Clauses, reviewing the history of these clauses before explaining, in turn, the Supreme Court’s interpretation of the Establishment and Free Exercise Clauses. The Religion Clause section ends with an essay exploring the relationship between the Religion Clauses and the Free Speech Clause. The Constitution Annotated then turns to this latter clause, discussing interpretations of the Free Speech Clause before describing Supreme Court cases recognizing constitutional protections for freedom of association. Next, the Constitution Annotated explains the Free Press Clause. The First Amendment essays end by discussing the clauses protecting the freedoms of assembly and petition.

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Student Opinion

Why Is Freedom of Speech an Important Right? When, if Ever, Can It Be Limited?

By Michael Gonchar

• Sept. 12, 2018

This extended Student Opinion question and a related lesson plan were created in partnership with the National Constitution Center in advance of Constitution Day on Sept. 17. For information about a cross-classroom “Constitutional Exchange,” see The Lauder Project .

One of the founding principles of the United States that Americans cherish is the right to freedom of speech. Enshrined in the First Amendment to the Constitution, freedom of speech grants all Americans the liberty to criticize the government and speak their minds without fear of being censored or persecuted.

Even though the concept of freedom of speech on its face seems quite simple, in reality there are complex lines that can be drawn around what kinds of speech are protected and in what setting.

The Supreme Court declared in the case Schenck v. United States in 1919 that individuals are not entitled to speech that presents a “clear and present danger” to society. For example, a person cannot falsely yell “fire” in a crowded theater because that speech doesn’t contribute to the range of ideas being discussed in society, yet the risk of someone getting injured is high. On the other hand, in Brandenburg v. Ohio in 1969, the court declared that even inflammatory speech, such as racist language by a leader of the Ku Klux Klan, should generally be protected unless it is likely to cause imminent violence.

While the text and principle of the First Amendment have stayed the same, the court’s interpretation has indeed changed over time . Judges, lawmakers and scholars continue to struggle with balancing strong speech protections with the necessity of maintaining a peaceful society.

What do you think? Why is the freedom of speech an important right? Why might it be important to protect even unpopular or hurtful speech? And yet, when might the government draw reasonable limits on speech, and why?

Before answering this question, read the full text of the amendment. What does it say about speech?

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.

Next, read these excerpts from three recent articles about free speech cases that might affect your life:

In a September 2017 article, “ High Schools Threaten to Punish Students Who Kneel During Anthem ,” Christine Hauser writes:

The controversy over kneeling in protest of racial injustice moved beyond the world of professional sports this week, when a number of schools told students they were expected to stand during the national anthem. On Long Island, the Diocese of Rockville Centre, which runs a private Catholic school system, said students at its three high schools could face “serious disciplinary action” if they knelt during the anthem before sporting events.

In a June 2018 article, “ Colleges Grapple With Where — or Whether — to Draw the Line on Free Speech ,” Alina Tugend writes:

It has happened across the country, at small private colleges and large public universities: an invited guest is heckled or shouted down or disinvited because of opposing political views. And the incident is followed by a competing chorus of accusations about the rights of free speech versus the need to feel safe and welcome. It’s something those in higher education have grappled with for decades. But after the 2016 presidential election and the increasing polarization of the country, the issue has taken on a new resonance.

In another June 2018 article, “ Supreme Court Strikes Down Law Barring Political Apparel at Polling Places ,” Adam Liptak writes:

The Supreme Court on Thursday struck down a Minnesota law that prohibits voters from wearing T-shirts, hats and buttons expressing political views at polling places. In a cautious 7-to-2 decision, the court acknowledged the value of decorum and solemn deliberation as voters prepare to cast their ballots. But Chief Justice John G. Roberts Jr. wrote that Minnesota’s law was not “capable of reasoned application.”

Students, read at least one of the above articles in its entirety, then tell us:

— Why is the freedom of speech an important right? Why do you think it’s worth protecting?

— What is the value in protecting unpopular speech?

— The Supreme Court has determined that certain types of speech, such as fighting words, violent threats and misleading advertising, are of only “low” First Amendment value because they don’t contribute to a public discussion of ideas, and are therefore not protected. Even though the text of the First Amendment does not make any distinction between “low” and “high” value speech, do you think the court is correct in ruling that some categories of speech are not worth protecting? What types of speech would you consider to be “low” value? What types of speech are “high” value, in your opinion?

— What do you think about the free speech issues raised in the three articles above? For example:

• Should students be allowed to kneel during the national anthem? Why? • Should colleges be allowed to forbid controversial or “offensive” guests from speaking on campus? Why? • Should individuals be able to wear overtly political T-shirts or hats to the polling booth? Why?

— When might the government draw reasonable limits to the freedom of speech, and why?

— We now want to ask you an important constitutional question: When does the First Amendment allow the government to limit speech? We want to hear what you think. But to clarify, we’re not asking for your opinion about policy. In other words, we’re not asking whether a certain type of speech, like flag burning or hate speech, should be protected or prohibited. Instead, we’re asking you to interpret the Constitution: Does the First Amendment protect that speech?

Do your best to base your interpretation on the text of the amendment itself and your knowledge of how it can be understood. You may want to consult this essay in the National Constitution Center’s Interactive Constitution to learn more about how scholars and judges have interpreted the First Amendment, but rest assured, you don’t have to be a Supreme Court justice to have an opinion on this matter, and even the justices themselves often disagree.

— When you interpret the First Amendment, what do you think it has to say about the free speech issues raised in the three articles. For example:

• Does the First Amendment protect the right of students at government-run schools (public schools) to protest? What about students who attend private schools? • Does the First Amendment allow private colleges to prohibit certain controversial speakers? What about government-run colleges (public colleges)? • Finally, does the First Amendment protect voters’ right to wear whatever they want to the polling booth?

Are any of your answers different from your answers above, when you answered the three “should” questions?

— When scholars, judges and lawmakers try to balance strong speech protections with the goal of maintaining a peaceful society, what ideas or principles do you think are most important for them to keep in mind? Explain.

Students 13 and older are invited to comment. All comments are moderated by the Learning Network staff, but please keep in mind that once your comment is accepted, it will be made public.

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Why Is This Important To Me?: The First Amendment QuickLinks

California content standards (including common core).

Standards Addressed: History Social Science 8.2 Students analyze the political principles underlying the U.S. Constitution and compare the enumerated and implied powers of the federal government. California History-Social Science Framework: Goal of Democratic Understanding and Civic Values: Constitutional Heritage Students must understand the nation’s constitutional heritage and the principals of the Constitution that created our democratic form of government. National Civics Standard 4: Understands the concept of a constitution, the various purposes that constitutions serve, and the conditions that contribute to the establishment and maintenance of constitutional government. 8.2.6 Enumerate the powers of government set forth in the Constitution and the fundamental liberties ensured by the Bill of Rights.  Visual Arts: 5.0 Connections, Relationship, and Applications: Students apply what they learn in the visual arts across subject areas. They develop competencies and creative skills in problem solving, communication, and management of time and resources that contribute to lifelong learning and career skills. California History-Social Science Framework: Goal of Democratic Understanding and Civic Values: Constitutional Heritage To understand the nation’s constitutional heritage, students must: Understand the basic principals of democracy...They need to develop an appreciation for the guarantees provided in the Bill of Rights... National Standards for Civics and Government 5-8 Content Standards Personal rights. Students should be able to evaluate, take, and defend positions on issues involving personal rights. To achieve this standard, students should be able to: identify personal rights, e.g., freedom of conscience, freedom to marry whom one chooses, to have children, to associate with whomever one pleases, to live where one chooses, to travel freely, to emigrate  identify the major documentary sources of personal rights, e.g., Declaration of Independence, United States Constitution, including the Bill of Rights, state constitutions  explain the importance to the individual and to society of such personal rights as 1. freedom of conscience and religion 2. freedom of expression and association 3. freedom of movement and residence 4. privacy 2. Identify and evaluate contemporary issues that involve personal rights, e.g., restricting membership in private organizations, school prayer, dress codes, curfews, sexual harassment, the right to refuse medical care. Common Core State Standards for ENGLISH LANGUAGE ARTS & Literacy in History/Social Studies, Science, and Technical Subjects K-5 College and Career Readiness Anchor Standards for Reading K-5 Key Ideas and Details| 1. Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text. 2. Determine central ideas or themes of a text and analyze their development; summarize the key supporting details and ideas. 3. Analyze how and why individuals, events, and ideas develop and interact over the course of a text. Craft and Structure 4. Interpret words and phrases as they are used in a text, including determining technical, connotative, and figurative meanings, and analyze how specific word choices shape meaning or tone. Integration of Knowledge and Ideas 8.  Delineate and evaluate the argument and specific claims in a text, including the validity of the reasoning as well as the relevance and sufficiency of the evidence. College and Career Readiness Anchor Standards for Writing K-5 Text Types and Purposes 1. Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence. Common Core State Standards for ENGLISH LANGUAGE ART S & Literacy in History/Social Studies, Science, and Technical Subjects College and Career Readiness Anchor Standards for Reading Grades 6-12 Key Ideas and Details 1. Read closely to determine what the text says explicitly and to make logical inferences from it; cite specific textual evidence when writing or speaking to support conclusions drawn from the text. College and Career Readiness Anchor Standards for Writing Grades 6-12 Text Types and Purposes 1. Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

Big Ideas, Essential Questions, and Higher Order Thinking

Big Ideas: Active engagement promotes understanding in the classroom and in society. (Integration and application of new learning in multiple learning modalities helps students deepen understanding.) E Pluribus Unum: out of many, one. (From a variety of sources and experiences, a successful government and legal system has been developed.) Essential Questions/Issues: 1. What are the fundamental liberties ensured by the First Amendment of the Bill of Rights? 2. What does the First Amendment mean to students? 3. What responsibilities go along with First Amendment rights? 4. What could happen when people are not responsible with their rights? 5. Why is being responsible with our rights and freedoms important? 6. Does social capital (involvement) strengthen a republic? Higher Order Thinking Question: 1. How might our lives be different today if the Constitution did not include the Bill of Rights – the First Amendment rights in particular? (Analysis) 2. Why is it critical that each citizen use their First Amendment freedoms and rights responsibility? (Analysis, Evaluation)

Assessments

Assessments: Students will be evaluated through informal checks for understanding, teacher observation, writing, class participation, and artwork  Students will complete “First Amendment Freedoms” worksheet Students will select and complete one of three extended learning projects (Rubric) Click here to download assessment tools

Activity Steps

Activity Steps: Click here to download activity steps Hook: Teacher presents to the class the PowerPoint The Constitution & Bill of Rights An Introduction ©2002 Constitutional Rights Foundation. This PowerPoint introduces the project’s background information and leads into the unit on the Constitution. Procedure: Focus activity: Teacher asks students how they would feel if: there was a rule at lunch time that you could not talk to anyone about anything that happens at school there was a rule that they were not allowed to read about or listen to news that described anything negative about our government only teachers were allowed to talk to the principal As a class, students discuss how they might react to these situations.              Reading and discussion: Analyze how our society would be different without First Amendment freedoms  Distinguish the freedoms guaranteed by the First Amendment     Teacher distributes the handout, “The Land of Cantdo...Where the First Amendment is Missing,” to the class. Teachers explains that this story is about a place where there is no Bill of Rights, no First Amendment. Students read the story as a class. After students have completed the reading, teacher leads a discussion asking the following questions: 1. How would you like to live in Cantdo? Why? 2. What were some of the problems the family encountered? 3. What freedoms did the family miss having? 4. What laws were in place that took away personal freedoms? What were the  freedoms that were taken away? 5. How would our lives be different if these freedoms were taken away? Teacher writes “First Amendment” on the board (or on laptop with LCD projector) and leads students to list the First Amendment freedoms and what they mean. Speech – to be able to say what we want Assembly – to gather in groups Press – to write, televise, report, perform what we want Petition – request change or complain to and about the government Religion – to practice any religion [also, the government cannot start a religion]. Teacher passes out handout of the Bill of Rights and refers to the First Amendment. Teacher lead class discussion by asking students, “How do you use these freedoms in your life?” Content assessment: Distinguish the freedoms guaranteed by the First Amendment      Examine ways the First Amendment freedoms have affected everyday life  Analyze why it is important to be responsible with these rights and freedoms Teacher distributes the handout “First Amendment Freedoms.” Teacher explains class assignment: Students are to illustrate and write a brief description of how each  First Amendment freedoms have affected our everyday life (Students can refer to the story of Cantdo to get ideas.) Teacher explains and assigns extended learning assignment Students choose one of three extended learning assignments:   1. Students will create a “Mountain Book” (see handout for construction direction). Students will clip from a daily newspaper examples of stories or photos that deal with each of the five freedoms protected by the First Amendment: religion (church meetings, religious celebrations, religious issues, etc.); speech (speaker addressing an audience, letters to the editor, columnists, etc.); press (editorials, stories about press conferences, interviews, etc.); assembly (stories of meetings, demonstrations, parades, etc.); petition (articles dealing with citizens protesting governmental policy, with citizens criticizing government officials, with people organizing in opposition to those in authority, etc.). In addition, summarize in a sentence or two the nature of each example and analyze why it is important to be responsible with these rights and freedoms. (Analysis, Synthesis, Evaluation) 2. Students will compose “I Am...” poems (see handout for format) using each protected right of the First Amendment as the basis of the poems. Then students will place the poems as the center of a collage that distinguishes the freedoms guaranteed by the First Amendment and illustrates the need for citizens to use First Amendment freedoms responsibility including what could happen when people are not responsible with their rights... Examples: freedom of speech ~Yell “fire” in a theater, freedom of press ~ take photos of people’s personal lives,  freedom of assembly ~ riots break out during a protest, etc. (Analysis, Synthesis, Evaluation) 3. Students will create a “Step Book” (see handout for construction directions) that distinguishes the freedoms guaranteed by the First Amendment, demonstrates how each First Amendment freedom affects everyday life, and why it is important to be responsible with these rights and freedoms. Students will illustrate and write a brief summary for each freedom. Illustrations can be student drawn and/or computer generated. (Analysis, Synthesis, Evaluation) Special Needs of students are considered in this lesson:  Activities include multiple modalities of learning - verbal, non-verbal, written, creative art – that meet the needs of all learners. Extension ideas/activities can be substituted to address the needs of GATE students. Extension Ideas: Students create a political cartoon(s) that identifies citizens’ responsibility in using First Amendment freedoms. Students research and construct a PowerPoint arguing a time when people were not responsible with their rights. Pairs of students prepare a debate to defend one of the protected rights under the First Amendment.

Materials, Resources, and References

Materials and Resources Needed:  Paper (colored and plain) Scissors and stapler Colored pens/pencils/markers Handout … “The Land of Cantdo...Where the First Amendment Is Missing”©2004 Constitutional Rights Foundation Handout ... “Bill of Rights” ©2004 Constitutional Rights Foundation Handout ... “First Amendment Freedoms” adapted from ©2004 Constitutional Rights Foundation Handout ... Student directions Handout ...  “I am…” poem format Handout ... “Mountain Book” directions Handout ... “Step Book” directions Handout ... “Why Is This Important To Me? Bill of Rights....First Amendment Freedoms” Rubric  Laptop and LCD projector Computer/printer References: Arvia, Angela, and Gail Kempf. “Learning American History Through Bookmaking I,” Teaching American History Institute. 2007. California History-Social Science Content Standards, California Department of Education. February 3, 2009.  http://www.cde.ca.gov/be/st/ss/ Dogelman, Charles, Keri Doggett, and Bill Hayes. “The Bill of Rights,” Adventures in Law and History, Volume II, Coming to America, Colonial America, and the Revolutionary Era. Second Edition. Los Angeles: Constitutional Rights Foundation, 2004.  Dogelman, Charles, Keri Doggett, and Bill Hayes. “The Land of Cantdo...Where the First Amendment Is Missing,” Adventures in Law and History, Volume II, Coming to America, Colonial America, and the Revolutionary Era. Second Edition. Los Angeles: Constitutional Rights Foundation, 2004.  Doggett, Keri, and Bill Hayes. The Constitution & Bill of Rights, An Introduction. PowerPoint. Los Angeles: Constitutional Rights Foundation, 2002.  History-Social Science Framework for California Public Schools Kindergarten Through Grade Twelve. Developed by the History-Social Science Curriculum Framework and Criteria Committee, California Department of California. Reposted June 5, 2009.  www.cde.ca.gov/ci/cr/cf/documents/histsocsciframe.pdf National Standards for Civics and Government, 5-8 Content Standards, Center for Civic Education. http://www.civiced.org/index.php?page=58erica#10  

Student Handouts

Student Handouts: Download student handouts here

Outline of Unit Plan

Outline of Unit Plan: United States Constitution [Project will be the introduction to the unit of study on the United States Constitution]

Home — Essay Samples — Law, Crime & Punishment — First Amendment — Why is the First Amendment Important: Citizens’ Freedom of Speech

Why is The First Amendment Important: Citizens' Freedom of Speech

• Categories: First Amendment Freedom of Speech

About this sample

Words: 1158 |

Published: Feb 9, 2023

Words: 1158 | Pages: 3 | 6 min read

Works Cited

• Ann Schmidt. (2021, December 15). History of the Bill of Rights: The First 10 Amendments. Investopedia.
• Dahl, R. A. (2003). How democratic is the American Constitution? Yale University Press.
• Lemon v. Kurtzman, 403 U.S. 602 (1971).
• National Archives. (2022, February 22). The First Amendment.
• Richard Lui of NBC. (2019, May 3). Why press freedom matters. YouTube. https://www.youtube.com/watch?v=JP1pSY8Xsx8
• United States Courts. (n.d.). First Amendment. https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/first-amendment
• United States Senate. (n.d.). The Legislative Branch. https://www.senate.gov/general/Features/Constitution_day/Constitution.htm
• Zick, T. (2017). The First Amendment in the Trump era. Oxford University Press.

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Freedom of Speech

By: History.com Editors

Updated: July 27, 2023 | Original: December 4, 2017

Freedom of speech—the right to express opinions without government restraint—is a democratic ideal that dates back to ancient Greece. In the United States, the First Amendment guarantees free speech, though the United States, like all modern democracies, places limits on this freedom. In a series of landmark cases, the U.S. Supreme Court over the years has helped to define what types of speech are—and aren’t—protected under U.S. law.

The ancient Greeks pioneered free speech as a democratic principle. The ancient Greek word “parrhesia” means “free speech,” or “to speak candidly.” The term first appeared in Greek literature around the end of the fifth century B.C.

During the classical period, parrhesia became a fundamental part of the democracy of Athens. Leaders, philosophers, playwrights and everyday Athenians were free to openly discuss politics and religion and to criticize the government in some settings.

First Amendment

In the United States, the First Amendment protects freedom of speech.

The First Amendment was adopted on December 15, 1791 as part of the Bill of Rights—the first ten amendments to the United States Constitution . The Bill of Rights provides constitutional protection for certain individual liberties, including freedoms of speech, assembly and worship.

The First Amendment doesn’t specify what exactly is meant by freedom of speech. Defining what types of speech should and shouldn’t be protected by law has fallen largely to the courts.

In general, the First Amendment guarantees the right to express ideas and information. On a basic level, it means that people can express an opinion (even an unpopular or unsavory one) without fear of government censorship.

It protects all forms of communication, from speeches to art and other media.

Flag Burning

While freedom of speech pertains mostly to the spoken or written word, it also protects some forms of symbolic speech. Symbolic speech is an action that expresses an idea.

Flag burning is an example of symbolic speech that is protected under the First Amendment. Gregory Lee Johnson, a youth communist, burned a flag during the 1984 Republican National Convention in Dallas, Texas to protest the Reagan administration.

The U.S. Supreme Court , in 1990, reversed a Texas court’s conviction that Johnson broke the law by desecrating the flag. Texas v. Johnson invalidated statutes in Texas and 47 other states prohibiting flag burning.

When Isn’t Speech Protected?

Not all speech is protected under the First Amendment.

Forms of speech that aren’t protected include:

• Obscene material such as child pornography
• Plagiarism of copyrighted material
• Defamation (libel and slander)
• True threats

Speech inciting illegal actions or soliciting others to commit crimes aren’t protected under the First Amendment, either.

The Supreme Court decided a series of cases in 1919 that helped to define the limitations of free speech. Congress passed the Espionage Act of 1917, shortly after the United States entered into World War I . The law prohibited interference in military operations or recruitment.

Socialist Party activist Charles Schenck was arrested under the Espionage Act after he distributed fliers urging young men to dodge the draft. The Supreme Court upheld his conviction by creating the “clear and present danger” standard, explaining when the government is allowed to limit free speech. In this case, they viewed draft resistant as dangerous to national security.

American labor leader and Socialist Party activist Eugene Debs also was arrested under the Espionage Act after giving a speech in 1918 encouraging others not to join the military. Debs argued that he was exercising his right to free speech and that the Espionage Act of 1917 was unconstitutional. In Debs v. United States the U.S. Supreme Court upheld the constitutionality of the Espionage Act.

Freedom of Expression

The Supreme Court has interpreted artistic freedom broadly as a form of free speech.

In most cases, freedom of expression may be restricted only if it will cause direct and imminent harm. Shouting “fire!” in a crowded theater and causing a stampede would be an example of direct and imminent harm.

In deciding cases involving artistic freedom of expression the Supreme Court leans on a principle called “content neutrality.” Content neutrality means the government can’t censor or restrict expression just because some segment of the population finds the content offensive.

Free Speech in Schools

In 1965, students at a public high school in Des Moines, Iowa , organized a silent protest against the Vietnam War by wearing black armbands to protest the fighting. The students were suspended from school. The principal argued that the armbands were a distraction and could possibly lead to danger for the students.

The Supreme Court didn’t bite—they ruled in favor of the students’ right to wear the armbands as a form of free speech in Tinker v. Des Moines Independent School District . The case set the standard for free speech in schools. However, First Amendment rights typically don’t apply in private schools.

What does free speech mean?; United States Courts . Tinker v. Des Moines; United States Courts . Freedom of expression in the arts and entertainment; ACLU .

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