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The First Amendment (Amendment I) to the United States Constitution prevents Congress 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.
The Bill of Rights in the National Archives. In the United States, some categories of speech are not protected by the First Amendment.According to the Supreme Court of the United States, the U.S. Constitution protects free speech while allowing limitations on certain categories of speech.
The First Amendment's constitutional right of free speech, which is applicable to state and local governments under the incorporation doctrine, [6] prevents only government restrictions on speech, not restrictions imposed by private individuals or businesses unless they are acting on behalf of the government. [7]
The First Amendment also does not prevent the government from enforcing reasonable time, place, and manner restrictions on speech, as long as the rules are applied even-handedly.
This view was rejected by the United States Supreme Court in 1984: Nothing in the First Amendment or in this Court's case law interpreting it suggests that the rights to speak, associate, and petition require government policymakers to listen or respond to communications of members of the public on public issues. [18] See also Smith v.
Additionally, our First Amendment rights can also be restricted if we have an established relationship with the government. An example of this would be employees and students at a public school.
The First Amendment did not excuse newspapers from the Sherman Antitrust Act. News, traded between states, counts as interstate commerce and is subject to the act. Freedom of the press from governmental interference under the First Amendment does not sanction repression of that freedom by private interests (326 U.S. 20 [clarification needed]).
Sotomayor states: “Ultimately, the critical takeaway is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech, directly or ...