Also known as:1st Amendment · Amendment I · U.S. Const. amend. I
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional amendment ratified in 1791 that guarantees freedoms of speech, religion, press, assembly, and petition. It limits government power to restrict expression and religious exercise while applying to the states through the Fourteenth Amendment.
Sources & Authorities
How it applies
Common Examples
6
Private Credit Report Defamation
Frontier Capital circulated a credit report on Foster Forge's finances to a handful of subscribers. Foster Forge sued for defamation and sought presumed and punitive damages. Because the report addressed a matter of private concern, the company recovered without proving actual malice.
Attorney Press Statements Discipline
Francois Fortier, counsel in a high-profile case, told reporters details about upcoming testimony. The bar invoked a vague publicity rule containing an unclear safe-harbor clause. Fortier challenged the discipline on the ground that the rule failed to give fair notice of prohibited speech.
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Cases
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Felicia Fuentes sued Freeman Engineering's media outlet over an article on workplace safety practices. As a private figure plaintiff in a public-concern case, Fuentes had to prove the statements false rather than relying on a common-law presumption.
Incorporated Criminal Standard
A juvenile faced delinquency charges in state court. The court applied the beyond-a-reasonable-doubt standard because the Fourteenth Amendment's due-process protections had been incorporated against the states.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Religious Objection to Marriage
Francesca Fiore, a wedding photographer, declined to serve a same-sex couple on religious grounds. State law required compliance, yet the Fourteenth Amendment protected the fundamental right of same-sex couples to marry.
Obergefell v. Hodges576 U.S. 644 (2015)
Public Official Defamation Suit
Farid Farahani, a city council member, sued a newspaper over critical editorials. Because he was a public official, he had to prove actual malice to recover damages under the First Amendment standard.
New York Times v. Sullivan376 U.S. 254 (1964)
Common questions
Frequently Asked
5
What freedoms does the First Amendment protect?+
The First Amendment protects speech, religion, press, assembly, and petition against government restriction. These guarantees apply to the states through the Fourteenth Amendment.
When may states award presumed or punitive damages in defamation without actual malice?+
States may do so when the speech concerns a matter of purely private interest. The restrictions from Gertz apply only to speech on matters of public concern.
Who bears the burden of proving falsity in a defamation suit by a private plaintiff against a media defendant on a public-concern matter?+
The plaintiff must prove falsity. The common-law presumption of falsity is displaced by the First Amendment to avoid deterring true speech on public issues.
Does the First Amendment protect an attorney's out-of-court statements to the press from vague disciplinary rules?+
It constrains such discipline. A rule that is void for vagueness because of an unclear safe-harbor provision can violate the First Amendment when applied to largely political speech.
How does the First Amendment affect public-employee speech on matters of public concern?+
A public employee cannot be dismissed for privately communicating grievances or opinions on matters of public concern to an employer. Due process requires a hearing to determine whether the speech is protected before termination.
410 U.S. 113 (1973)Constitutional Law
…Constitution. In varying contexts, the Court or individual Justices have, indeed, found at least the roots of that right in the First Amendment, Stanley v. Georgia , 394 U.S. 557, 564 (1969); in the Fourth and Fifth Amendments, Terry v. Ohio , 392 U.S. 1, 8-9 (1968), Katz v. United States , 389 U.S. 347, 350 (1967), Boyd v.…
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