Introduction to the First Amendment

• Author: Ruthann Robson
• Pages: 1-12

Robson The First Amendment

1

Chapter& One:& INTRODUCTION& TO& THE&

FIRST&AMENDMENT&

Chapter Outline

I. Text

II. The Clauses

A. The Religion Clauses

B. The Free Speech Clause

C. The Press Clause

D. The Assembly Clause

E. The Petition Clause

F. Association: The “Missing” Clause

III. International Perspectives

IV. State Action and Incorporation Against the States

V. History: The Firstness of the First Amendment

VI. Theoretical Perspectives

VII. The Challenges of First Amendment Cases and Controversies

VIII. United States Supreme Court Terms: Recent Cases

2014-2015 Term

2013-2014 Term

I.&&Text&

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 to peaceably assemble, and to

petition the Government from redress of grievances.

II.&&The&Clauses&

& A.& The&Religion&Clauses&

The religion clauses are two separate but intertwined clauses.

First, the text forbids Congress making laws respecting “an

establishment of religion.” The Establishment Clause - - - more properly

denominated an anti-Establishment Clause or disestablishment Clause,

but routinely called the Establishment Clause - - means at its most

basic that there cannot be a government religion. This is distinct from

many other nations in which there is a national religion, including Great

Britain’s Church of England. More specific meanings of what an

“establishment” of religion might mean have been the subject of