Amendment 1 of 27 · Bill of Rights · 1791
First Amendment
Religion, speech, press, protest
The one-line version
The government cannot punish you for your religion, your speech, what you publish, peaceful protest, or asking officials to fix things.
The First Amendment in plain English
The government cannot establish an official religion or stop you from practicing your own. The government cannot take away your right to speak freely or publish what you want. It cannot stop you from gathering peacefully with others or formally asking the government to fix problems.
Original text, 1791
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.
Phrase by phrase
Congress shall make no law respecting an establishment of religion
- The government cannot set up an official religion or favor one religion over others.
or prohibiting the free exercise thereof
- The government cannot stop you from practicing your religion, or from having none.
abridging the freedom of speech
- The government cannot cut back your right to say what you think.
or of the press
- The government cannot control what people publish, in print or online.
the right of the people peaceably to assemble
- You can gather with other people peacefully, such as at a protest or meeting.
to petition the Government for a redress of grievances
- You can ask the government to fix a problem, such as by signing a petition or writing to an official.
Picture it
Example. Not legal advice.
You post a video criticizing your mayor. The city cannot fine you or arrest you for that opinion. But the app you posted on can still remove the video under its own rules. The app is a private company, not the government.
What this means for you
Five freedoms
You can practice any religion, or no religion. The government cannot favor one religion over another. You can say things the government disagrees with, including criticism of the government itself.
You can publish your opinions, in print or online. You can attend protests, rallies, and meetings. You can sign petitions, write to officials, and file complaints.
Limits on speech
These rights have limits. A few narrow kinds of speech are not protected. These include true threats, incitement (speech meant and likely to cause immediate illegal action), fraud, and lying under oath.
Most offensive or unpopular speech is still protected. There is no general exception for "hate speech." Courts decide new cases about where the line falls almost every year.
Protests
Peaceful protest on public land, like sidewalks and parks, is generally protected. The government can set neutral rules about time, place, and manner, such as permits for large marches. It cannot pick which messages are allowed.
Blocking traffic or going onto private property without permission is generally not protected. Rules differ by state and city. A lawyer or legal-aid hotline can explain the rules where you live.
Online and on apps
The First Amendment limits the government, not private companies. Apps, websites, and private employers can remove posts, ban accounts, or discipline workers for speech. That is not a First Amendment violation.
The government cannot punish you for what you post, with the same narrow exceptions as offline speech. Government employers, like public schools and city offices, face some First Amendment limits on how they treat workers' speech.
At school
Public schools are part of the government, so the First Amendment applies there. Since Tinker v. Des Moines (1969), students keep their free-speech rights at school unless their speech would substantially disrupt school. You can share unpopular views, as long as you do not seriously disrupt classes.
Schools can still set dress codes and discipline speech that is threatening or harassing. In Mahanoy Area School District v. B.L. (2021), the Court said a school's power to punish off-campus speech, like a student's Snapchat post, is limited.
You can wear religious symbols, pray privately, and join student-led religious clubs. Public schools cannot lead students in prayer. Private schools are not the government, so the First Amendment does not apply to them.
Myth check
MythFree speech means an app can't ban me or delete my posts.
FactThe First Amendment limits the government. Apps, websites, and private employers are not the government. They can set and enforce their own rules about speech.
MythHate speech isn't protected by the First Amendment.
FactThere is no general "hate speech" exception. Most offensive or hateful speech is protected. Narrow categories are not protected, such as true threats, incitement to immediate violence, fraud, and defamation.
MythStudents lose their free-speech rights at school.
FactSince Tinker v. Des Moines (1969), students at public schools keep free-speech rights. Schools can limit speech that would substantially disrupt school.
Common questions
What does the First Amendment say in simple terms?
It means the government generally cannot punish you for your religion, your speech, what you publish, peaceful protest, or asking officials to fix problems. It limits the government, not private companies or private people.
Can my school punish me for a social media post?
Sometimes, but a public school's power is limited. In Mahanoy Area School District v. B.L. (2021), the Supreme Court said a school violated a student's rights by punishing her off-campus Snapchat post. Schools may still act on things like serious threats or bullying. Private schools are not bound by the First Amendment.
Is hate speech protected by the First Amendment?
Generally, yes. There is no general hate speech exception. Narrow categories are not protected, such as true threats and speech meant and likely to cause immediate violence. In Snyder v. Phelps (2011), the Supreme Court protected deeply offensive protest signs shown near a funeral.
Can a private company fire me for what I say?
Generally, yes, as far as the First Amendment goes. It limits only the government, so private employers and apps can set their own speech rules. Some state laws and federal labor laws protect certain kinds of speech at work. Government employers have more limits.
Can I get in trouble for a threat I post online?
Yes, if it is a true threat. True threats are not protected speech. The Supreme Court set the test in Counterman v. Colorado (2023). The government must show the speaker knowingly ignored a real risk that the words would be seen as threatening violence.
Does the First Amendment protect protests?
Yes, it protects peaceful protest. The government can set neutral rules on the time, place, and manner of a protest, such as permits or noise limits. The Supreme Court approved such rules in Ward v. Rock Against Racism (1989). The government cannot ban a protest because it dislikes the message.
Go deeper
The scene · 1791
In colonial America, some colonies had official churches that everyone paid taxes to support. In 1735, a New York printer named John Peter Zenger was put on trial for criticizing the royal governor. Several states agreed to the new Constitution expecting a list of rights to be added. James Madison drafted the proposals that became the Bill of Rights.
Back then
The writers remembered governments that punished people for criticizing leaders or for belonging to the wrong church. They wanted people to be able to argue, worship, and organize without fear of the government. They put all five freedoms in one sentence.
Words that changed
- “Congress”
ThenOnly the national lawmaking body. States could still limit speech or support a church.
NowThrough the Fourteenth Amendment, courts apply it to every level of government, including states, cities, and public schools.
- “press”
ThenPrinting presses: newspapers, pamphlets, and books.
NowAnyone who publishes, including websites, blogs, podcasts, and social media posts.
- “redress of grievances”
ThenFixing a wrong or complaint.
NowThe same idea: asking the government to fix a problem.
Key cases
- 1969
Tinker v. Des Moines Independent Community School District
Students at public schools keep their free-speech rights unless their speech would substantially disrupt school.
- 1969
Brandenburg v. Ohio
The government can punish speech that calls for violence or lawbreaking only if it is meant to cause, and likely to cause, immediate illegal action.
- 2011
Snyder v. Phelps
Deeply offensive protest signs about public issues, shown near a funeral from public land, were protected speech.
- 2021
Mahanoy Area School District v. B.L.
A public school's power to punish a student's off-campus speech, like a Snapchat post on a weekend, is limited.
- 2023
Counterman v. Colorado
To punish a true threat, the government must show the speaker knowingly ignored a real risk that the words would be seen as threatening violence.
More history and context
The First Amendment was ratified in 1791 as part of the Bill of Rights. At first it limited only Congress. States could still support a church or limit speech. After the Fourteenth Amendment was ratified in 1868, Supreme Court cases starting in the 1920s applied the First Amendment to state and local governments too. That is why the plain-English version says "the government," not just "Congress."
Courts still decide what each of the five freedoms covers. Open questions include government pressure on social media companies, laws about minors online, and how religion fits into public schools and public programs. Different courts have ruled different ways, and the Supreme Court keeps hearing new cases.
Actively contested
Courts are still deciding parts of this. Open questions include:
- When government pressure on social media platforms becomes censorship
- Laws limiting minors' access to social media and online content
- Religious groups and generally available public benefits
- Religion in public schools, including displays and opt-outs from lessons
- Corporate and outside spending in elections
Quick check
Just for you. Nothing is saved.