An American Dictatorship

The First Amendment

The Oath of Office of the President of the United States is the oath or affirmation that the President of the United States takes after assuming the presidency but before he or she begins the execution of the office.  The wording of the oath is specified in Article II, Section One, Clause 8, of the United States Constitution.  This is one of two oaths or affirmation clauses, but it alone actually specifies the words that must be spoken.

The other, Article VI, Clause 3, simply requires the person specified therein to "be bound by oath or affirmation, to support the Constitution."  The presidential oath, on the other hand, requires much more than this general oath of allegiance and fidelity.  This clause enjoins the new president to swear or affirm that he "will to the best of his ability, preserve, protect and defend the Constitution of the United States."  

It was shortly before the Fourth of July 1989, two centuries after the Constitution of the United States took effect when the Supreme Court declared that the government could not stop a citizen from desecrating the nation's flag.

Almost immediately after the ruling was made, President Bush proposed a solution, a constitutional amendment that would exempt flag-desecration as protected speech.  But the legislative branch struck first and passed the Flag Protection Act of 1989, which made it criminal to desecrate the flag, regardless of motive.  Protesters responded quickly by burning flags, in an attempt to get the issue back to the Supreme Court.  Almost exactly a year after Texas v. Johnson, their wish came true.  In United States v. Eichman, which was decided on June 11, 1990, the Supreme Court once again ruled that burning the flag was an example of constitutionally protected free speech.

The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens.

The First Amendment to the United States Constitution protects the right to freedom of religion and freedom of expression from government interference.  It prohibits any laws that establish a national religion, impeding the free exercise of religion, abridging the freedom of speech, infringe upon the freedom of the press, interfering with the right to peaceably assemble, or prohibit citizens from petitioning for a governmental redress of grievances.  It was adopted into the Bill of Rights in 1791.  

The Supreme Court interprets the extent of the protection afforded to these rights.  The First Amendment has been interpreted by the Court as applying to the entire federal government even though it is only expressly applicable to Congress. 

Furthermore, the Court has interpreted the Due Process Clause of the Fourteenth Amendment as protecting the rights in the First Amendment from interference by state governments. 

Freedom of Religion

Two clauses in the First Amendment guarantee freedom of religion.  The Establishment Clause prohibits the government from passing legislation to establish an official religion or preferring one religion over another.  It enforces the "separation of church and state." However, some governmental activity related to religion has been declared constitutional by the Supreme Court. 

For example, providing bus transportation for parochial school students and the enforcement of "blue laws" is not prohibited.  The Free Exercise Clause prohibits the government, in most instances, from interfering with a person's practice of their religion.

Freedom of Speech/Freedom of the Press

The most basic component of freedom of expression is the right of freedom of speech.  The right to freedom of speech allows individuals to express themselves without government interference or regulation.  The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech.  Generally, a person cannot be held liable, either criminally or civilly for anything written or spoken about a person or topic, so long as it is truthful or based on an honest opinion and such statements.

A less stringent test is applied for content-neutral legislation.  The Supreme Court has also recognized that the government may prohibit some speech that may cause a breach of the peace or cause violence.  For more on unprotected and less protected categories of the speech see advocacy of illegal action, fighting words, commercial speech and obscenity.  The right to free speech includes other mediums of expression that communicate a message.  The level of protection speech receives also depends on the forum in which it takes place.   

Despite the popular misunderstanding, the right to freedom of the press guaranteed by the First Amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression. It does not afford members of the media any special rights or privileges not afforded to citizens in general.

Right to Assemble/Right to Petition

The right to assemble allows people to gather for peaceful and lawful purposes. Implicit within this right is the right to association and belief.  The Supreme Court has expressly recognized that a right to freedom of association and belief is implicit in the First, Fifth, and Fourteenth Amendments.  This implicit right is limited to the right to associate for First Amendment purposes.  It does not include a right of social association. The government may prohibit people from knowingly associating in groups that engage and promote illegal activities. 

The right to associate also prohibits the government from requiring a group to register or disclose its members or from denying government benefits on the basis of an individual's current or past membership in a particular group.  There are exceptions to this rule where the Court finds that governmental interests in disclosure/registration outweigh interference with First Amendment rights.  The government may also, generally, not compel individuals to express themselves, hold certain beliefs, or belong to particular associations or groups.

The right to petition the government for a redress of grievances guarantees people the right to ask the government to provide relief for a wrong through the courts (litigation) or other governmental action.  It works with the right of assembly by allowing people to join together and seek change from the government.