The Constitution, The First Amendment
The framers of the Constitution added ten amendments, called the Bill of Rights, to protect individuals’ rights from being infringed by the government. A democratic government is one in which the people hold political power and, in this country, exercise that power through elected representatives, also referred to as a representative democracy or republic.
The First Amendment is arguably the most important to maintaining a democratic government. It states that “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.” It speaks to an individual’s right to freedom of expression.
The religious freedom set by the first amendment reflects the framers’ experience with the long history of religious conflict in Europe. They realized that fighting over religion can be explosive and cause tremendous disruption in politics. It would be doubly so if one religious sect were favored over all others. So, they ensured that the federal government cannot interfere in the citizens’ practice of their religion and that there would be no “official religion” established.
The freedoms of speech, press, assembly and the right to petition the government and seek redress of grievances, affirm that citizens have the right to hold the government to account for its actions.
Freedom of speech and the press allows citizens to communicate their ideas verbally and in writing. An informed public is necessary in order for society to function effectively. John Stuart Mill, a 19th Century British philosopher, believed a “marketplace of ideas,” in which people can speak and exchange ideas freely, would allow the best ideas to surface from competition and not rely on a government censor to define “truth.” Today that may be more of a challenge when money can provide overwhelming presentation of one view. In 2010, the Supreme Court held in Citizens United v. Federal Election Commission that restrictions on corporate political spending was a violation of the corporation’s free speech. It’s still a matter of debate whether this truly supports freedom of speech or instead grants disproportionate political power and influence to corporate groups.
Freedom of assembly lets the people publicly express a common interest. We have the right to meet without oversight by the government. Whether that is a Black Lives Matter rally, or a militia that keeps its own armory, the freedom to assemble is protected activity.
Of course, there are limits to these freedoms. One may not force the tenets of his or her religion on those who do not observe those beliefs. Harmful speech, such as yelling “fire” in a crowded room, is not protected, nor is a written lie that causes harm. As well, gatherings must be peaceful. Destruction of the property of others is not protected by the First Amendment.
Nor is disruption of government through threats or violence.
As the Declaration of Independence clearly expresses, governments should be established “deriving their just powers from the consent of the governed.” While there will always be disagreements in public discourse, the overarching protection against government censure is vital to ensuring freedom of expression in a free society.
Susan Walker is a member of Living Democracy: Engaging Citizens, a local citizen group. Our mission is to inform and educate the Mid-Ohio Valley about how government works on the local, state, and federal levels and how citizens can be involved to make our democracy work. Join us the third Monday of each month at 3:30 in the Armory. Check out livingdemocracymov@gmail.com and facebook/speak foryourselfvote and Youtube channel Living Democracy.