First Amendment in the United States

Introduction to the First Amendment of the United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled FIRST AMENDMENT, within the legal culture, the First Amendment is typically understood to protect from government abridgment a broad realm of what might be called “symbolic activity,” including speech, religion, press, association, and assembly.

First Amendment Cases

In 2011, once more the Court considered whether the Federal Communications Commission may prohibit and punish the broadcasting of “fleeting expletives.” For decades, the Federal Communications Commission’s policy was not to take action in cases of isolated profanity. During the George W. Bush presidency, however, the Federal Communications Commission shifted course and maintained that any profanity was punishable. The cases at issue involved instances of profanities uttered on the air by entertainers Bono and Cher, and in an episode of NYPD Blue.

The Second Circuit found that the agency’s sanctions violated the Administrative Procedure Act (5 U.S.C. §§ 550-596), but the Supreme Court reversed, 5-4, and held that the Federal Communications Commission’s position was not arbitrary, capricious, or an abuse of discretion (F.C.C. v. Fox Television Stations Inc., 129 S.Ct. 1800 (2009)).

On remand, the Second Circuit found that the prohibition of fleeing expletives violated the First Amendment. The Supreme Court again granted review (131 S.Ct. 3065 (2011)) and will directly face the constitutional question.

Electoral Process and the First Amendment

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled ELECTORAL PROCESS AND THE FIRST AMENDMENT, prior to 1890, political activity in the United States was generally unregulated. By 1990, however, government regulation of the electoral process extended to campaign finance, ballot access, candidate speech, and regulation of political party affairs.

Some Constitutional Law Popular Entries

First Amendment, Sexual Behaviour and the Law

First Amendment Background

Resources

See Also

• Ninth Amendment
• Fourth Amendment
• Child Labor Amendment
• Twenty-Third Amendment
• Sixteenth Amendment
• Fifteenth Amendment
• Fifth Amendment Rights
• First Amendment Rights
• Fourteenth Amendment
• Libel and the First Amendment
• Twenty-Fourth Amendment

Further Reading

• First Amendment in the Encyclopedia of Sexual Behavior and the Law