Keep Factually independent

Whether you agree or disagree with our analysis, these conversations matter for democracy. We don't take money from political groups - even a $5 donation helps us keep it that way.

Loading...Time left: ...
Loading...Goal: $500

Fact check: What is our first amendment?

Checked on June 13, 2025

1. Summary of the results

The First Amendment, ratified on December 15, 1791, as part of the Bill of Rights [1], explicitly protects five fundamental freedoms:

  • Freedom of religion (both establishment and free exercise)
  • Freedom of speech
  • Freedom of the press
  • Right to peaceful assembly
  • Right to petition the government for redress of grievances [2]

The exact text reads: "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." [3]

2. Missing context/alternative viewpoints

Several crucial contextual elements are missing from a simple reading of the amendment:

1. Scope Evolution: While originally applying only to federal laws, the First Amendment's protections were later extended to state and local governments through Supreme Court decisions like Gitlow v. New York [4] [1] and the Fourteenth Amendment [5].

2. Interpretation Philosophies: There are different approaches to interpreting the First Amendment, including originalism and textualism [6], though the sources don't elaborate on how these different interpretations affect its application.

3. Breadth of Protection: The amendment covers a wide range of expression, including political, scientific, religious, and artistic expression [5].

3. Potential misinformation/bias in the original statement

The question "What is our First Amendment?" might suggest a simple, straightforward answer, but it's important to note that:

1. Interpretation Complexity: While the text itself is fixed, its interpretation has evolved significantly over time through Supreme Court decisions and constitutional interpretation philosophies [7] [6].

2. Modern Application: Understanding the First Amendment requires knowledge of both its original text AND how it has been interpreted and applied over the past two centuries [5].

3. Government Levels: Simply viewing it as a federal protection would be incomplete, as it now applies to all levels of government [5].

Want to dive deeper?
What are the five freedoms protected by the First Amendment?
How has Supreme Court interpretation of the First Amendment evolved over time?
What are the current limitations on First Amendment free speech rights?
How does the First Amendment apply to social media and online platforms?
What is the difference between the Establishment Clause and Free Exercise Clause in the First Amendment?