Civil liberties: the First Amendment
Civil liberties are protections against government interference, and the First Amendment protects some of the most important.
Liberties versus rights
Civil liberties limit what government can do to you, such as restricting your speech. Civil rights guarantee equal treatment, protecting people from discrimination by government and, under some laws, by others. The Bill of Rights originally limited only the national government; through the 14th Amendment's due process clause, the Supreme Court has applied most of its protections to the states, a process called selective incorporation.
Religion
The First Amendment's establishment clause forbids government from establishing an official religion, and courts have used it to bar, for example, school-led prayer in public schools. The free exercise clause protects people's right to practise their religion, though not every religious practice is exempt from general laws.
Speech, press, assembly, and petition
Freedom of speech protects even unpopular and offensive expression, including symbolic speech such as wearing armbands in protest. It is not absolute: true threats, defamation, obscenity, and speech inciting imminent lawless action can be restricted. Prior restraint, censoring material before publication, is presumed unconstitutional, as in the Pentagon Papers case.
Flashcard
Protections of individuals from government interference
Check your understanding
A public school requires students to recite a prayer written by school officials. Which clause is most directly at issue?