What would your life be like without the First Amendment to the Constitution? What if you could not practice your religion because there was a state-mandated religion? What if you could not openly express your thoughts about the government? What if newspapers and TV news stations were told what they could and could not write and speak about? What if you had no right to protest actions that were unjust or the right to petition the government?
This is what life would be like without the First Amendment.
This amendment allows for the separation of church and state—the government cannot refuse you the right to practice your religion, whatever that may be. In fact, the government cannot demand that you even have a religion.
The government cannot prohibit you from expressing yourself unless what you say may "cause a breach of the peace" or "cause violence," as decided by the Supreme Court in Chaplinsky v. New Hampshire, 315 U.S. 568 (1942). The government can only prohibit citizens from assembling in groups that urge crimes to be committed.
For example, the government cannot prevent The UB Post, or any other newspaper, from writing articles on the "War on Terror," or any other controversial issue, unless such stories were considered to be a threat to national security.
How did the First Amendment come to exist? The Bill of Rights was added to the Constitution by 1791. Various states objected to the Constitution as it was. History had shown what a central government with too much power could do (i.e., how Britain taxed the colonists and restricted their representation in Parliament). After achieving independence and, subsequently, writing a Constitution, the states did not want a federal government that could destroy the civil liberties of citizens.
According to the Illinois First Amendment Center, "The constitutional fathers wrote into their new Constitution a Bill of Rights, which contained the First Amendment [which] has endured more than 200 years, without substantial alterations and negation."
The First Amendment does have limitations under certain circumstances. Libel and slander are not permitted. Writings and news reports during wartime must avoid threats to national security. If there was another national draft, draft cards could not be burned without legal action being taken. Writing and speech that is clearly obscene or pornographic can be regulated or prohibited.
Despite these limitations, the United States of America extends to its citizens greater freedom of speech, press and religion than do many other nations. Many nations have state-mandated religions and, in those countries, the practice of any other religion could result in arrest. Criticizing the government is also a crime in certain places. The news media is not free to distribute information of which the government might disapprove. Imprisonments, newspaper banning and even executions have occurred in other countries over issues that we, as Americans, are rarely forced to consider.
American history shows that the process of interpreting the First Amendment was not always easy. People were convicted of crimes based on what they said or wrote. Only some of these convictions were overturned. Books have been banned at times in certain places. Even the right to freedom of religion was not always guaranteed, according to National Review's website, which says that "in the first half of the 1800s, courts held that blasphemy could be outlawed, and blasphemy covered not just swearing but the offensive public denial of the truth of Christianity."
While there are limitations and embarrassing episodes in history related to the First Amendment, much of the freedom that we are used to hinges on this amendment. The paper that you are now holding relies upon this amendment. Everything that you read and hear depends upon the freedom that this amendment gives. Imagine what our lives would be like without it.
Messenger, staff writer, can be reached at lisa.messenger1@ubalt.edu.
web—www.firstamendmentcenter.org
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