First Amendment Rights
The First Amendment protects five fundamental freedoms from government infringement: freedom of religion (Establishment and Free Exercise Clauses), freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government.
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Exam Tip
First Amendment = 5 freedoms. Speech: Content-based = strict scrutiny. Content-neutral = intermediate. Brandenburg = incitement standard.
What is the First Amendment?
The First Amendment provides: "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."
Free Speech Analysis
| Type of Speech | Level of Protection |
|---|---|
| Fully Protected | Political speech, core expression |
| Unprotected | Incitement, true threats, fighting words, obscenity |
| Limited Protection | Commercial speech, defamation |
Content-Based vs. Content-Neutral
| Type | Standard |
|---|---|
| Content-based | Strict scrutiny |
| Viewpoint-based | Virtually never valid |
| Content-neutral | Intermediate scrutiny (time/place/manner) |
Landmark Cases
- Brandenburg v. Ohio (1969): Incitement requires imminent lawless action
- Tinker v. Des Moines (1969): Students retain speech rights
- Texas v. Johnson (1989): Flag burning protected
- Kennedy v. Bremerton (2022): Coach's prayer protected