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.
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
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