Celebrating Bill of Rights Day by Understanding the First Amendment’s Impact on Our Freedom

Image of the National Archives Building by David Samuel May 19, 2010. The Charters of Freedom, including the Bill of Rights are preserved and on display here.

A Charter of Freedom: The Bill of Rights & Bill of Rights Day

Two hundred and thirty-three years ago, the founders of the United States ratified the first ten amendments to the Constitution. Together they are known as the Bill of Rights. We’ve previously shared insights into the remarkable contributions of James Madison in creating this vital document here. By codifying these amendments, our forefathers preserved in writing the fundamental rights and liberties that define what it means to be an American. Thomas Jefferson highlighted the notion of self-evident truths, but Madison and the other founders clarified what these truths mean. The Bill of Rights provided clear definitions and protections for our freedoms. This foundational document allowed our nation to unify and enabled its citizens to understand their relationship with the government. These principles have inspired countries around the globe to enshrine similar rights within their own democracies. The freedoms guaranteed by the Bill of Rights continue to shape our national identity. Any proposed amendment or law is critically reviewed based on these enduring rights. In 1941, President Franklin D. Roosevelt designated December 15 as a day to honor the Bill of Rights, calling it “the great American charter of personal liberty and human dignity.” ¹ In 1952, Harry Truman oversaw the transfer of the Charters of Freedom to the National Archives Building in honor of Bill of Rights Day. Since 1962, every president has declared Bill of Rights Day annually on this date.

Harry Truman and other dignitaries at the unveiling of the Charters of Freedom at the then-new National Archives Building on December 15, 1952. The President noted “we are assembled here on this Bill of Rights Day to do honor to the three great documents which, together, constitute the charter of our form of government.” ⁸

Initially, the Bill of Rights was interpreted to apply to the federal government only. This meant that individual states and communities could impose their own restrictions on freedoms such as religious practice or free press. Linda Monk, author of “The Bill of Rights: A User’s Guide,” notes that the Bill of Rights appeared infrequently in Supreme Court cases for its first century, as the Court held that it only applied at the national level. ² One early case demonstrating this involved a Baltimore resident asserting his Fifth Amendment rights after the city damaged his property. The Supreme Court ultimately sided with Baltimore, Chief Justice John Marshall wrote the amendments “contain no expression indicating an intention to apply them to the State governments, [therefore] This court cannot so apply them.”³ (Barron v. Baltimore)

It wasn’t until the adoption of the 14th Amendment that states were required to adhere to the protections enshrined in the Bill of Rights. Nevertheless, the Bill of Rights marked a pivotal moment in recognizing and safeguarding individual rights. As we prepare to celebrate this significant charter of freedom, we’ll take a closer look at the very first amendment:

“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.“

This amendment stemmed from two different articles that James Madison’s committee originally sent to the House for review. After revisions in both the House and Senate, the final version was ratified by the states. Below is a table showing the differences and final language.

Original Text Presented to the House	Text Sent to the Senate	Text to the States (Ratified Dec 15, 1791)
Article 3: Congress shall make no law establishing religion or prohibiting the free exercise thereof, nor shall the rights of Conscience be infringed.	Article 3: Congress shall make no law establishing articles of faith, or a mode of worship, or prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition to the government for a redress of grievances.	Article 3: 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.
Article 4: The Freedom of Speech, and of the Press, and the right of the People peaceably to assemble, and consult for their common good, and to apply to the Government for a redress of grievances, shall not be infringed.	Compiled to "Article 3"

The Key Rights of the First Amendment

Within the first amendment are found five fundamental rights. These freedoms are the foundation of how we the people interact with the national government—and now all levels of government—in our nation. Below, there is a summary of each freedom and the footnotes for the freedom of speech are extensive about the few restrictions on that freedom.

Freedom of Religion

The amendment bars Congress from establishing a state religion and protects the free exercise of all faiths, including the less common ones. States are similarly bound by the 14th Amendment to uphold this protection, ensuring equal treatment under the law. The concept of separation of church and state is traced to Thomas Jefferson, who emphasized the need for a wall separating government from religion. ⁴ This principle continues to be debated today, as individuals and the Supreme Court navigate the balance between religious expression and government involvement.

Freedom of Speech

Our right to express ourselves—whether through peaceful protests or written words—is a cornerstone of our national identity. This freedom allows for a wide range of opinions, including those which may be unpopular or controversial. While speech is broadly protected, exceptions do exist. For instance, speech that incites immediate harm or violence may be restricted. The legal standard has evolved from “clear and present danger” to “imminent lawless action.” ⁵ ⁶ See the footnotes for more restrictions and citations for them.⁷

Freedom of the Press

Closely tied to freedom of speech is the freedom of the press. This liberty ensures that individuals can share their viewpoints without fear of persecution. It encompasses a range of media, including blogs, newspapers, and television broadcasts.

Peaceable Assembly

This right allows individuals to gather, demonstrate, and voice their opinions collectively, a practice rooted in early American history dating back to town meetings and public discussions. This also allows for other types of meetings including religious, political, academic and other gatherings that the government may want to restrict, but cannot.

Redress of Grievances

This right reflects the frustrations of the American colonists toward British rule. This protected right allows citizens to seek remedies for injustices through lawful channels—a crucial aspect of our democratic system.

Conclusion

The First Amendment protects foundational values cherished by all Americans. No matter your political stance, religious beliefs, age, gender, or background, these rights reflect our shared humanity and resonate deeply within us. When any of these rights face infringement, it prompts a powerful call to action—sometimes even to protest. Fortunately, most Americans prefer peaceful resolution over violence, opting instead to seek justice through the courtroom. We affirm these truths to be self-evident, and in our pursuit of happiness, the freedom to express ourselves remains an invaluable cornerstone of our republic.

Footnotes & Citations

1- Bill of Rights Day declaration, Nov 27, 1941, https://www.presidency.ucsb.edu/documents/proclamation-2524-bill-rights-day

2- Monk, Linda, The Bill of Rights: A User’s Guide, Hachette, 1991

3- Barron v Baltimore, https://supremecourthistory.org/supreme-court-civics-resources/barron-v-city-of-baltimore-1833/

4- Thomas Jefferson, Letter to Danbury Baptists, Jan 1 1802, https://www.loc.gov/loc/lcib/9806/danpre.html

5- Schenck v. United States, 249 U.S. 47 (1919), pg 52, https://supreme.justia.com/cases/federal/us/249/47/#52

6- Brandenburg v. Ohio, 395 U.S. 444 (1969), pg 395, https://supreme.justia.com/cases/federal/us/395/444/

7- In the United States, freedom of speech is generally protected, but there are specific and narrowly defined restrictions. Essentially, speech may be limited if it directly harms another person or incites violence. The following are briefs about common ways that speech is not protected, with court cases listed at the end of each section.

Incitement

In the landmark case of Schenck v. United States (1919), Justice Oliver Wendell Holmes Jr. stated that the critical question is whether the circumstances and nature of the words used create a “clear and present danger” that could lead to significant harm that Congress is entitled to prevent. This concept was refined in 1969 with the introduction of the “imminent lawless action” standard in Brandenburg v. Ohio, 395 U.S. 444 (1969)

Defamation, Libel, and Slander

It is illegal to defame individuals with false statements, although proving defamation can be challenging. The Supreme Court has upheld the protection of truthful speech while finding false speech generally has no constitutional protection. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), New York Times Co. v. Sullivan, 376 U.S. 254 (1964)

Commercial Speech

Freedom of speech also faces scrutiny in business contexts. Truth in advertising laws require companies to provide accurate information about their products. Misleading advertising can lead to legal consequences. Peel v. Attorney Reg. & Discip. Comm’n, 496 U.S. 91 (1990)

Plagiarism

Using someone else’s speech or writing without permission is prohibited, especially if it involves claiming it as your own for financial gain. For example, republishing a popular book and presenting it as original work is not permitted. Harper & Row v. Nation Enterprises, 471 U.S. 539 (1985)

Counterfeiting

Creating and passing off counterfeit currency as real is illegal. Artistic creations are protected, but misrepresenting artwork as currency without disclosure is not. US Constitution, Article 1 Section 8

Fighting Words

Certain types of speech, known as “fighting words,” receive limited protection. These are words that can provoke an immediate violent reaction from the listener and are considered personally abusive insults. It’s important to note that true threats of violence are unprotected, but satire or exaggerated claims recognized as hyperbole may be protected. Chaplinsky v. New Hampshire, 315 U.S. 568 (1942)

All threats against the President of the United States are illegal. Title 18 Section 871, United States v. Glover 846 F. 2d 339 (1988)

Broadcast Speech

Regulation of speech on radio and television is permitted when aimed at furthering a significant government interest, such as protecting audiences from offensive content. However, these regulations primarily apply to traditional broadcasting and do not extend to the internet. Zacchini v. Scripps-Howard Broadcasting Co., 433 U.S. 562 (1977) see also: Volokh, Eugene (2008). First Amendment and Related Statutes: Problems, Cases and Policy Arguments (3rd ed.). Foundation Press (published 12 May 2008)

Obscenity and Offensive Material

While obscenity is generally not protected, other forms of offensive material may be under limited exceptions based on specific court rulings that are not discussed here. Brockett v. Spokane Arcades, Inc., 472 U.S. 491 (1985)

Speech in Schools

In public schools, certain restrictions on speech exist but can often be challenged legally. Schools operate under the principle of in loco parentis, allowing them broader authority to regulate student expression. Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)

Government Control of Speech

Various contexts, including legal professions, military settings, prisons, and immigration, may impose limits on speech, but such restrictions are typically narrow, with speech remaining protected in most cases. Gentile v. State Bar of Nevada, 501 U.S. 1030 (1991), etc.

(8) National Archives: https://prologue.blogs.archives.gov/2016/12/14/bill-of-rights-day/