Congress Passed the First Amendment

On September 25, 1789 Congress passed The First Amendment, as part of the Bill of Rights of the United States Constitution, which reads, "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 first amendment gives individuals freedom of free speech and press. Having free speech ideally means one can speak their mind without being subject to penalty. Limitations on freedom of speech and the press do exist.

Types of speech not protected by the Constitution include espionage, threats of the President and clear and present danger. Speech of libelous nature (false and causing someone disrepute), or seditious (advocating violent overthrow of the government) or incite injury to those to whom they address, interprets as not protected by the First Amendment. According to the Supreme Court, obscenity, lewdness, libel, and fighting do not qualify as rights of the people either. Also, Courts have the power to issue gag orders to keep people quiet about cases. Types of speech protected include: symbolic speech, prior restraint and hate speech, although punishable under certain circumstances. Another type of speech called slander involves speaking false accusations, which defame a person's character. Anyone can get sued over slander.

Several cases tested the First Amendment including Chaplinsky V. New Hampshire (1942), Roth V. United States (1957), and Miller V. California (1973). One of the first major libel cases considered by the Supreme Court includes New York Times Co. V. Sullivan of 1964. An Alabama state court had found the Times guilty of libel for printing a full-page advertisement accusing Alabama officials of physically abusing African Americans during various civil rights protests. In order to deem someone of libel against a public official, they must show actual malice. Actual malice means a burden of proof imposed on public officials and public figures suing for defamation and falsity requiring them to prove with clear and convincing evidence an offending story published with knowing false-hood or reckless disregard for the truth.The Framers wanted to promote free exchange of ideas by including the First Amendment in the United States Constitution. By the end of WWI, more than nineteen hundred individuals and over one hundred newspapers received prosecution for violations of speech. The intentions of the Framers and the present day interpretations of the 1^st Amendment vary vastly in today's world. The Amendment is still being tested even today.

Source: "American Government Continuity and Change" by Karen O'Connor and Larry J. Sabato