Also known as:redresses of grievances · right to petition · petition for redress
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional right under the First Amendment protecting the ability of individuals to seek relief from government actions by petitioning officials or bodies for correction of wrongs.
Sources & Authorities
How it applies
Common Examples
6
Citizens Petition City Council
Roger Ramirez and neighbors submit a formal petition to the city council demanding reversal of a zoning decision that blocks access to their homes. The council refuses to consider the petition and enacts the change anyway. Roger then sues, claiming the refusal violates his right to seek redress of grievances.
Inmate Files Habeas Petition
Rina Rahman, an indigent defendant convicted without counsel, files a habeas petition alleging denial of a fair trial. The state argues that the petition process itself satisfies constitutional requirements. The Court holds that the right to petition for redress requires states to provide appointed counsel in felony cases.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Casebooks
Gideon v. Wainwright372 U.S. 335 (1963)
Parents Challenge School Prayer Law
Robert Rivera and other parents petition state legislators to repeal a statute authorizing silent prayer in public schools. When the statute is upheld, they sue claiming the law burdens their right to petition for redress. The Court finds the statute violates the Establishment Clause while confirming the petition right remains intact.
Wallace v. Jaffree472 U.S. 38, 113 (1985)
Shoppers Seek Speech Access
Roland Rhodes and fellow students gather signatures at a privately owned shopping center to petition for a state constitutional change. The owner ejects them under trespass rules. The Court upholds a state rule requiring access, finding it compatible with the petition right.
PruneYard Shopping Center v. Robins447 U.S. 74 (1980)
Doctors Challenge Contraception Ban
Roberto Reyes and a clinic director petition state officials to lift a statute criminalizing distribution of contraceptives. After denial they sue, arguing the law infringes multiple First Amendment protections including the right to petition for redress. The Court invalidates the statute on privacy grounds while recognizing the petition clause applies.
Griswold v. Connecticut381 U.S. 479 (1965)
Union Organizers Lobby Congress
Ruby Rivera and steelworkers petition members of Congress for legislation protecting collective bargaining. Employers claim the activity exceeds protected petition rights. The Court upholds federal authority to regulate labor relations while affirming the underlying right to seek governmental redress.
N.L.R.B. v. Jones & Laughlin Steel Corp.301 U.S. 1 (1937)
Common questions
Frequently Asked
3
Does the right to petition for redress of grievances protect defamatory statements made in a government filing?+
No. The right does not grant absolute immunity from defamation liability. A person who makes defamatory statements about public officials in a petition may still be held liable if the New York Times actual malice standard is satisfied.
Supporting sources
Is the right to petition for redress incorporated against the states?+
Yes. The First Amendment right to petition the government for redress of grievances is fundamental and therefore made applicable to the states through the Fourteenth Amendment.
Supporting sources
Does the petition right require the government to provide a forum or grant requested relief?+
No. The right protects the ability to submit petitions but does not compel the government to create a forum or grant the relief sought.
Supporting sources
381 U.S. 479 (1965)Constitutional Law
…"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."[^maj-37] No soldier has been quartered in any house.[^maj-38] There has been no search, and no seizure.[^maj-39] Nobody has been compelled to be a witness against himself.[^maj-40] The…