First Amendment to the United States Constitution

The First Amendment to the United States Constitution is a part of the United States Bill of Rights. Textually, it prevents the U.S. Congress from infringing on six rights. It forbids laws that:

Petition and assembly

Main article: Freedom of assembly

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The right to petition the government has been interpreted as extending to petitions of all three branches: the Congress, the executive and the judiciary. The Supreme Court has interpreted "redress of grievances" broadly; thus, it is possible for one to request the government to exercise its powers in furtherance of the general public good. However, a few times Congress has directly limited the right to petition. During the 1790s, Congress passed the Alien and Sedition Acts, punishing opponents of the Federalist Party; the Supreme Court never ruled on the matter. In 1835 the House of Representatives adopted the "Gag Rule," barring abolitionist petitions calling for the end of slavery. The Supreme Court did not hear a case related to the rule, which was in any event abolished in 1840. During World War I, individuals petitioning for the repeal of sedition and espionage laws (see above) were punished; again, the Supreme Court did not rule on the matter.

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The right of assembly was originally closely tied to the right to petition. One significant case involving the two rights was United States v. Cruikshank (1876). There, the Supreme Court held that citizens may "assemble for the purpose of petitioning Congress for a redress of grievances." Essentially, it was held that the right to assemble was secondary, while the right to petition was primary. Later cases, however, have expanded the meaning of the right to assembly. Hague v. CIO (1939), for instance, refers to the right to assemble for the "communication of views on national questions" and for "disseminating information."

Related Topics:
United States v. Cruikshank - Hague v. CIO

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