The First Amendment

Introduction

America began as nothing but a sequence of inflammatory statements and downtrodden religious beliefs. The Pilgrims were religious Protestants who felt outcast by the Anglican Church. When they got to America, they eventually were inculcated with Enlightenment philosophy. Only a matter of decades would bring the "Give me liberty or give me death!" of Patrick Henry, and the "Live Free or Die" of the war. This vulgar and inflammatory freedom would be the basis of the First Amendment: freedom of speech. Freedom of religion. Freedom of association. Freedom of press. But maybe it becomes too vulgar. What speech should be allowed? What takes the privilege too far?

Attached is the text of the First Amendment: 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.

Anti-1A

This is not an issue that is cleanly split along party lines. Both Republicans and Democrats have certain factions that oppose and support free speech.

i) Freedom of press

Generally, both sides of the aisle are comfortable with freedom of the press. Historically, there have been challenges in the case of defamation or libel, but the press is relatively protected. There are questions about whether certain members of the press are favored by the government (say, by being given funding, like the National Public Radio, or being invited to a press conference), but generally, the press is comfortable as far as the government goes. The real argument against it becomes potent if the publication is threatening violence and has a wide enough reach to convince people to commit grave crimes.

ii) Freedom of religion

There are a few cases of the public going against one part of freedom of religion, that is, the "no law respecting" it portion. In May 2025, the Supreme Court deadlocked over the constitutionality of St. Isidore's, a Christian school seeking government funding in Oklahoma. Additionally, in 2025, some southern right-leaning states adopted the Ten Commandments in the classroom, which are key to the canon of Abrahamic religions, including Judaism, Christianity, and Islam, but leave out other religions (and the non-religious). They cite claims that America at its core is a Judeo-Christian nation, and that the Founding Fathers believed we should pursue a largely Christian moral framework.

iii) Freedom of association

One argument against freedom of association is that of anti-American associations. Democrats found January 6th, even ones who stayed outside the Capitol Building, to be against the fundamental American value of democracy. Some Republicans find Pro-Palestinian protests, especially from non-citizens, to be anathema to the American project in the world, and so these associations fall under the category of "disorderly conduct."

iv) Freedom of speech

Some of the opposition to freedom of speech is found in the above category. In addition to that, people are frequently sued for libel (harmful disinformation). Historically, the Sedition Act and prohibitions on draft protesting during Vietnam limited the citizens of the United States to not be able to speak out against American actions abroad (a sort of "treasonous speech"). Recently, a woman named Shiloh Hendrix was charged with multiple misdemeanors for calling a young child the n-word, an example of hate speech that many, especially those on the political left, might oppose.

Pro-1A

People in favor of the First Amendment also fall under a wide tent. Republicans and Democrats alike see its purest form as an important American tenet, and Americans on all sides of the aisle have historically positioned America against the no-free-speech principles of authoritarian enemies abroad. The more Anti-1A Americans certainly don't believe in burning books or sending critics to the gulag, but don't believe in the opposite extreme of being able to say anything.

Those who are pro-free-speech are pretty absolute about the slippery slope of restrictions. That is, once we cut some speech, we cut more and more, potentially labelling political dissent as "disorderly conduct," smaller religions as "anti-American," peaceful protests as "civil disorder," and fair criticism as "dangerous libel." Historically, some of the biggest enemies of America have limited free speech, including Maoist China, the Third Reich, and the USSR. Once we start limiting speech, where do we go next?

Discussion Questions

• Is free speech a right or a privilege? That is, is it innate or government-given?
• What restrictions, if any, should be placed on the press by the government?
• Is America a Judeo-Christian nation? If it is, what should our stance be on government endorsement or rejection of certain values?
• Should hate speech be protected by the 1A? If not, how do we define hate speech?
• What's the line between peaceful protest and dangerous assembly? Should someone be prosecuted for inciting violence but not participating in it?
• Currently, plausible threats of violence are not protected by the first amendment. Does this make sense? Why or why not?
• Should we give free speech to non-citizens who are protesting?

Congress.gov. "U.S. Constitution— First Amendment." December 15, 1791. https://constitution.congress.gov/constitution/amendment-1/

npr.org. "A brief history of NPR funding." May 13, 2025. https://www.npr.org/2025/05/13/1250902337/npr-cpb-public-radio-funding-101

scotusblog.com. "St. Isidore of Seville Catholic Virtual School v. Drummond." May 22, 2025. https://www.scotusblog.com/cases/case-files/st-isidore-of-seville-catholic-virtual-school-v-drummond/

aclu.org. "Federal Appeals Court Rules Against Louisiana Law Requiring Public Schools to Display Ten Commandments in Every Classroom." June 20, 2025. https://www.aclu.org/press-releases/federal-appeals-court-rules-against-louisiana-law-requiring-public-schools-to-display-ten-commandments-in-every-classroom

cato.org. "Update: Does the First Amendment Protect Trump in the January 6th Cases?" April 26, 2024. https://www.cato.org/blog/update-does-first-amendment-bar-january-6-prosecutions

cato.org. "A Centenary for Free Speech." November 7, 2019. https://www.cato.org/commentary/centenary-free-speech.

KGNS News. "Woman charged with misdemeanors after yelling racial slurs at child in viral video." https://www.kgns.tv/2025/08/27/woman-charged-with-misdemeanors-after-yelling-racial-slurs-child-viral-video/