Changes

The first two [[amendment]]s establish fundamental [[freedom]]s, including the right to keep and bear arms.  The third [[amendment]] prohibits placing troops in people’s homes in time of peace.  The fourth through eighth [[amendment]]s establish legal rights, particularly for the accused.  The ninth [[amendment]] is a vague protection of individual rights, and the tenth [[amendment]] protects [[state]] rights.

The first two [[amendment]]s establish fundamental [[freedom]]s, including the right to keep and bear arms.  The third [[amendment]] prohibits placing troops in people’s homes in time of peace.  The fourth through eighth [[amendment]]s establish legal rights, particularly for the accused.  The ninth [[amendment]] is a vague protection of individual rights, and the tenth [[amendment]] protects [[state]] rights.

The [[First Amendment]] receives the most attention.  It prohibits [[Congress]] from infringing on free speech, [[press]], assembly, petition and [[religion]]; it also prohibits the establishment of [[religion]].  By implication, it protects [[freedom]] of association.  It expressly applies only to [[Congress]], but the [[court]]s have since applied it against all the [[state]]s too.

The [[First Amendment]] receives the most attention.  It prohibits [[Congress]] from infringing on [[Free Speech Clause|free speech]], [[press]], assembly, petition and [[religion]]; it also prohibits the establishment of [[religion]].  By implication, it protects [[freedom]] of association.  It expressly applies only to [[Congress]], but the [[court]]s have since applied it against all the [[state]]s too.

In fact, virtually all of the [[Bill of Rights]] now protect citizens against all forms of [[government]]: federal, state or local.

In fact, virtually all of the [[Bill of Rights]] now protect citizens against all forms of [[government]]: federal, state or local.

Let’s look at important sections of the [[Bill of Rights]]:

Let’s look at important sections of the [[Bill of Rights]]:

===The Free Speech Clause.===

===The [[Free Speech Clause]].===

The [[First Amendment]] protects the greatest of all [constitution]]al rights: “[[Congress]] shall make no law ... abridging the freedom of speech.”  This protects religious and political speech.  It protects [[prayer]] in many circumstances; it also protects evangelizing.  It was unique to [[America]], reflecting the [[Great Awakening]] and preaching that permeated the [[colony|colonies]] in the 1700s.

The [[First Amendment]] protects the greatest of all [constitution]]al rights: “[[Congress]] shall make no law ... abridging the freedom of speech.”  This protects religious and political speech.  It protects [[prayer]] in many circumstances; it also protects evangelizing.  It was unique to [[America]], reflecting the [[Great Awakening]] and preaching that permeated the [[colony|colonies]] in the 1700s.

Now speech includes, for example, the burning of the [[America]]n [[flag]] ([[Texas v. Johnson]]).  It includes spending money on political campaigns.  It can include vulgar or obscene words.  It offers some protection even to commercial speech, such as certain advertisements.

Now speech includes, for example, the burning of the [[America]]n [[flag]] ([[Texas v. Johnson]]).  It includes spending money on political campaigns.  It can include vulgar or obscene words.  It offers some protection even to commercial speech, such as certain advertisements.

When something qualifies as “free speech,” the protection against regulation of its content is nearly absolute.  Only a compelling interest by the [[government]] can justify infringing on such speech, and the regulation must be narrowly tailored for a necessary goal.

When something qualifies as “[[Free Speech Clause|free speech]],” the protection against regulation of its content is nearly absolute.  Only a compelling interest by the [[government]] can justify infringing on such speech, and the regulation must be narrowly tailored for a necessary goal.

One might ask, why isn’t all speech protected?  Why should the [[government]] be able to abridge any speech?  

One might ask, why isn’t all speech protected?  Why should the [[government]] be able to abridge any speech?  

Before airplanes and [[terrorism]], the classic example of unprotected speech is yelling “fire” in a crowded theater.  People would stampede for the exits, and some could be injured.

Before airplanes and [[terrorism]], the classic example of unprotected speech is yelling “fire” in a crowded theater.  People would stampede for the exits, and some could be injured.

The [[Supreme Court]] has said that “fighting words” are not “free speech” protected by the [[First Amendment]].  Other types of speech are also excluded from the [[First Amendment]].  But over time, the [[Court]] has redefined protected speech to be broader and broader, including even conduct like flag-burning and political campaign spending.

The [[Supreme Court]] has said that “fighting words” are not “[[Free Speech Clause|Free Speech]]” protected by the [[First Amendment]].  Other types of speech are also excluded from the [[First Amendment]].  But over time, the [[Court]] has redefined protected speech to be broader and broader, including even conduct like flag-burning and political campaign spending.

===B.  The Establishment Clause.===

===B.  The Establishment Clause.===