Breaking Down the First Amendment

Published: March 6, 2023

The American people created the Constitution, which has been in operation since March 1789,聽 because they wanted individual protections from the government. In June 1789, U.S. House of Representatives member James Madison drafted a list of amendments to the Constitution. The House approved 17 of the amendments, and the Senate 12. In October 1789, President George Washington sent the amendments to the states for approval. Two years later, on Dec. 15, 1791, three-fourths of the states ratified 10 of the amendments, which became known as the Bill of Rights. The first of these amendments protected individual opinions, ideas and communication.聽

鈥淭he five freedoms protected by the First Amendment are fundamental to modern democracy,鈥� said political science professor Steven Vanderheiden, director of CU 麻豆影院鈥檚 Keller Center, which focuses on the First Amendment. 鈥淭hey protect the right of members of the public to meaningfully participate in processes of self-governance and provide a vital check on state power.鈥�

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.

The five freedoms the First Amendment guarantees:

Religion

Speech

Press

Assembly

Petition

The First Amendment Applies to:

Federal Government

State Government

Local Government

1789

Drafted by James Madison

1791

Ratified as part of the Bill of Rights

Famous court cases related to First Amendment:

A free speech case that involved wartime criticism of the draft, and which gave us the "clear and present danger" test (Ex: An individual can鈥檛 yell 鈥淔ire!鈥� in a crowded theater)

Found the reading of a nondenominational prayer in a public school to be an unconstitutional establishment of religion聽

Gave us the incitement test (Ex: Speech can only be restricted if an individual is likely and imminently planning to carry out something unlawful)

聽Involved the publication of the Pentagon Papers by the media without government censorship

Exempted Amish children from mandatory school attendance on free exercise grounds

LeRoy Keller Center for the Study of the First Amendment:聽

Endowed in 1993 by LeRoy 鈥淟ee鈥� Keller (Econ鈥�29), who worked in journalism for more than four decades聽
Housed within CU 麻豆影院鈥檚 political science department
Supports teaching, research and community outreach on First Amendment rights and liberties
Informs the public about First Amendment rights and current threats to them聽
Current director is political science professor Steven Vanderheiden聽