The first Amendment highlights specific aspects of a free society by promising freedom of religion, speech, press, freedom to peaceably assemble, and a redress of grievances for its citizens. It forbids the government to infringe upon those rights and therefore limits the powers of the government so that the people of our democratic society can function without oppression.
Not only is freedom of expression essential to the functioning of our free society, but is vital to democracy. Contrary to totalitarianism, our democracy is built upon the opinions and views of the people.
Freedom of speech and of the press protects the peoples right to be heard. This ensures that the government cannot suppress opposing views. When, in 1963 the leaders of a group of African American civil rights activists held a rally protesting segregation were arrested and convicted for "breach of the peace", the court overturned the convictions. They said that " the fourteenth amendment does not permit a state to make criminal the peaceful expression of popular views.'
Freedom of assembly is the part of the first amendment crucial to democracy in America because the existence of political parties depends upon this right. They are free to associate with others in order to promote causes of mutual concern and hold conventions to nominate presidential candidates. The freedom of assembly directly affects the entire governmental system.
While the rights guaranteed in the first amendment are essential to the functions of a free society, limitations of those rights are just important when the situation calls for it. For instance, an individual's right can be exercised only to the extent that they do not limit the rights of others. Despite the Free Exercise Clause, people do not have the right to violate the criminal laws, offend public morals, or otherwise threaten the health, welfare, or safety of the community. A
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