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First Amendment to the United States Constitution

The First Amendment (Amendment I) to the United States Constitution prevents the government from making laws respecting an establishment of religion; prohibiting the free exercise of religion; or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. It was adopted on December 15, 1791, as one of the ten amendments that constitute the Bill of Rights.

"First Amendment" redirects here. For the first amendments to other constitutions, see First Amendment (disambiguation).

The Bill of Rights was proposed to assuage Anti-Federalist opposition to Constitutional ratification. Initially, the First Amendment applied only to laws enacted by the Congress, and many of its provisions were interpreted more narrowly than they are today. Beginning with Gitlow v. New York (1925), the Supreme Court applied the First Amendment to states—a process known as incorporation—through the Due Process Clause of the Fourteenth Amendment.


In Everson v. Board of Education (1947), the Court drew on Thomas Jefferson's correspondence to call for "a wall of separation between church and State", though the precise boundary of this separation remains in dispute and the terms "church" and "State" do not appear in the Amendment. Speech rights were expanded significantly in a series of 20th and 21st century court decisions which protected various forms of political speech, anonymous speech, campaign finance, pornography, and school speech; these rulings also defined a series of exceptions to First Amendment protections. The Supreme Court overturned English common law precedent to increase the burden of proof for defamation and libel suits, most notably in New York Times Co. v. Sullivan (1964). Commercial speech, however, is less protected by the First Amendment than political speech, and is therefore subject to greater regulation.


The Free Press Clause protects publication of information and opinions, and applies to a wide variety of media. In Near v. Minnesota (1931) and New York Times v. United States (1971), the Supreme Court ruled that the First Amendment protected against prior restraint—pre-publication censorship—in almost all cases. The Petition Clause protects the right to petition all branches and agencies of government for action. In addition to the right of assembly guaranteed by this clause, the Court has also ruled that the amendment implicitly protects freedom of association.


Although the First Amendment applies only to state actors,[a][1] there is a common misconception that it prohibits anyone from limiting free speech, including private, non-governmental entities.[2] Moreover, the Supreme Court has determined that protection of speech is not absolute.[3]

(April 4, 2006). Speaking freely. Penguin. ISBN 978-0-14-303675-3. Retrieved April 4, 2013.

Abrams, Floyd

(2009). Plain, Honest Men: The Making of the American Constitution. Random House. ISBN 978-1-58836-726-6. Retrieved April 4, 2013.

Beeman, Richard

Jasper, Margaret C. (1999). . Oceana Publications. ISBN 978-0-379-11335-8. Retrieved April 4, 2013.

The Law of Speech and the First Amendment

Nelson, William Edward (1994). . University of Georgia Press. ISBN 978-0-8203-1587-4. Retrieved April 19, 2013.

Americanization of the Common Law: The Impact of Legal Change on Massachusetts Society, 1760-1830

Newell, Martin L. (1898). . Callaghan. Retrieved April 19, 2013.

The Law of Libel and Slander in Civil and Criminal Cases: As Administered in the Courts of the United States of America

Lewis, Anthony (2007). . Basic Books. ISBN 978-0-465-01819-2.

Freedom for the Thought That We Hate: A Biography of the First Amendment

Curtis, Michael Kent (2000). . Duke University Press. ISBN 0822325292.

Free Speech, "The People's Darling Privilege": Struggles for Freedom of Expression in American History

Daniel L. Dreisbach and . The Sacred Rights of Conscience: Selected Readings on Religious Liberty and Church-State Relations in the American Founding. Indianapolis, IN: Liberty Fund Press, 2009.

Mark David Hall

Daniel L. Dreisbach, Mark David Hall, and Jeffry Morrison. The Forgotten Founders on Religion and Public Life Notre Dame, IN: University of Notre Dame Press, 2009.

"Toward a General Theory of the First Amendment", Yale Law Journal, vol. 72, no. 5 (1963), pp. 877–956. doi:10.2307/794655. JSTOR 794655.

Thomas I. Emerson

Peter Irons, A People's History of the Supreme Court. New York: Penguin, 1999.

(2007). Freedom of Expression: Resistance and Repression in the Age of Intellectual Property. foreword by Lawrence Lessig. University of Minnesota Press. ISBN 978-0816650316.

McLeod, Kembrew

Kabala, James S., Church-State Relations in the Early American Republic, 1787–1846. London: Pickering and Chatto, 2013.

Johnny Killian and George Costello (eds.) (2000). The Constitution of the United States of America: Analysis and Interpretation,. Archived April 9, 2022, at the Wayback Machine

Current version

Nicholas P. Miller, The Religious Roots of the First Amendment: Dissenting Protestants and the Separation of Church and State. New York: Oxford University Press, 2012.

Nelson, Samuel P. (2005). . The Johns Hopkins University Press. ISBN 0801881730.

Beyond the First Amendment: The Politics of Free Speech and Pluralism

Cornell Law School—Annotated Constitution

at the Library of Congress Web Archives (archived October 16, 2004)

First Amendment Center—The First Amendment Library

Ruane, Kathleen Anne (September 8, 2014). (PDF). Legislative Attorney. Congressional Research Service. Retrieved March 18, 2021.

"Freedom of Speech and Press: Exceptions to the First Amendment"

Cohen, Henry (October 16, 2009). (PDF). Congressional Research Service. Archived from the original (PDF) on February 8, 2010. Retrieved January 1, 2012.

"Freedom of Speech and Press: Exceptions to the First Amendment"

(PDF). Congressional Research Service. Archived from the original (PDF) on September 24, 2005. – Updated May 24, 2005

"Freedom of Speech and Press: Exceptions to the First Amendment"