The story of America is the story of the individual and the protection of the individual from government, from the powerful, from those who know better than we do.
Our country was shaped by those who knew the feeling of powerlessness in the face of an oppressive government. Who, as individuals even banding together in common cause against the British government and ruled by a king with near dictatorial powers, felt helpless to control their own destinies.
They resolved that, after we became a nation, the American people would not be subject to dominating treatment from a government of their own creation. And so, we have the Bill of Rights. And what the Bill of Rights does in part is deny government or powerful people the ability to use their power to compel the individual American to conform to arbitrary social standards.
We have the Constitution written in 1787 that establishes the method of government and the Bill of Rights passed by Congress in 1789 and ratified by the states in 1791 to limit the ability of that government to control the individual, to make the individual conform to standards that are against their beliefs.
The Federalists, who played a large part in writing the Constitution, were confronted by the anti-Federalists who felt that there needed to be a listing of enumerated rightsfreedoms and protections for the individual. When the ratification of the Constitution bogged down, Congress passed 12 such enumerated rights for the states to consider.
The Federalists felt that the Constitution would protect the rights without listing them, but the anti-Federalist felt that to make assurance doubly sure (to quote MacBeth), they needed to be listed. The states ratified 10 of them, which became the first 10 amendments to the Constitution, known as the Bill of Rights.
There are reasons why we have these constitutional safeguards. Take our First Amendment wording on freedom of religion; Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
The purpose of that clause was to protect the practice of whatever religion a citizen wanted, without fear of punishment or retribution. We learned in grade school that the Puritans fled to the American continent because their religious practices were censured in England because it differed from the state religion, which was the Church of England.
Once in America, the Puritans were free to practice their religion in peace, and they were then also free to condemn those who had a different religion from theirs. Roger Williams, even though a Puritan minister, was banned from Massachusetts because he preached what to the Puritans was heresy. He founded the colony of Rhode Island, which thereafter allowed the free practice of religion.
In Virginia in 1617 the penalty for not attending Church of England services was a week of slavery to the colony. A second offense was a month, a third a year.
The Bill of Rights was adopted by the states in 1791, but it did not necessarily apply to all the states. In Connecticut, the official religion was the Congregationalist Church, which was granted tax money from the state and whose members became the elite of Connecticut.
In 1801 a congregation of Baptists in Danbury, Connecticut, wrote to newly elected President Jefferson to express their concerns that they were being treated as second class citizens What religious privileges we enjoy (as a minor part of the state) we enjoy as favors granted, and not as inalienable rights.
Jefferson replied: Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature would 'make no law respecting an establishment of religion, or prohibiting the free exercise thereof,' thus building a wall of separation between Church and State.
When we object to certain portions of our enumerated freedoms, which form the basis of laws with which we may disagree, such as what some call the War on Christianity, look to history to explain why they are there.
Continue reading here:
Montana Viewpoint: Freedom of religion, the why and the how - Missoula Current
- Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues - Variety - April 24th, 2024 [April 24th, 2024]
- How the TikTok ban could survive a court challenge - Platformer - April 24th, 2024 [April 24th, 2024]
- Senate Passes TikTok Ban Bill, Setting Up Legal Battle Between App and U.S. on First Amendment Issues - AOL - April 24th, 2024 [April 24th, 2024]
- Eighth Circuit Affirms Denial of Qualified Immunity to Mayor and Police Chief of Missouri City in First Amendment ... - Law.com - April 24th, 2024 [April 24th, 2024]
- Get the Facts: How far does the First Amendment go? - WMTW Portland - April 24th, 2024 [April 24th, 2024]
- Say 'Yes' to the First Amendment Minding The Campus - Minding The Campus - April 24th, 2024 [April 24th, 2024]
- Civics lesson: First Amendment rights are broad, but there are limits - Tennessean - April 24th, 2024 [April 24th, 2024]
- SCOTUS won't review decision that ratchets up legal risk at protests - Reporters Committee for Freedom of the Press - April 24th, 2024 [April 24th, 2024]
- NPR Against the First Amendment - The New York Sun - April 24th, 2024 [April 24th, 2024]
- NPR boss once called the First Amendment a 'challenge' and 'reverence for the truth' a distraction - Fox News - April 24th, 2024 [April 24th, 2024]
- Here are the winners of the inaugural Poynter Journalism Prizes - Poynter - April 24th, 2024 [April 24th, 2024]
- Can Congress actually ban TikTok? - Vox.com - April 24th, 2024 [April 24th, 2024]
- New Stablecoin Bill Faces Criticism for Stifling Innovation and Breaching First Amendment Regulation Bitcoin News - Bitcoin.com News - April 24th, 2024 [April 24th, 2024]
- Elon Musk's Plan To Fund National Signature Campaign In Support Of First Amendment Met With Praise - Yahoo! Voices - April 24th, 2024 [April 24th, 2024]
- Trump: First Amendment protects efforts to overturn election - USA TODAY - March 29th, 2024 [March 29th, 2024]
- To Fight Ban Bill, TikTok's Best Hopes Lie in First Amendment Challenge - The Information - March 29th, 2024 [March 29th, 2024]
- Supreme Court must rely on the First Amendment, not its own precedent, when deciding government censorship case - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- FIRST AMENDMENT VIOLATION?: Man removed from Cape council meeting files lawsuit - FOX 4 News Fort Myers WFTX - March 29th, 2024 [March 29th, 2024]
- Trump team's First Amendment argument is 'so weak' in Georgia election interference case - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Associated Press - March 29th, 2024 [March 29th, 2024]
- A national TikTok ban and the First Amendment - National Constitution Center - March 29th, 2024 [March 29th, 2024]
- Trump attorney says Georgia election case hinges on First Amendment Deseret News - Deseret News - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - The Atlanta Journal Constitution - March 29th, 2024 [March 29th, 2024]
- Courts Should Affirm First Amendment Rights of Youths in the Digital Age: The Case for a 21stCentury Tinker - Cato Institute - March 29th, 2024 [March 29th, 2024]
- Trump legal news brief: Prosecutors tell Judge McAfee that First Amendment doesn't apply to Trump's 'criminal intentions' - Yahoo! Voices - March 29th, 2024 [March 29th, 2024]
- Trump attorney tries to have Georgia case dismissed on First Amendment grounds - MSNBC - March 29th, 2024 [March 29th, 2024]
- Trump attorney, prosecutors spar over move to have Georgia case dismissed on First Amendment grounds - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Donald Trump Georgia court motions hearing today live stream - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Bowling Green Daily News - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Williss election interference charges, attorney argues - Washington Examiner - March 29th, 2024 [March 29th, 2024]
- Judicial Rulemaking and Lucidity: Justice Barrett's First Amendment Opinion in Lindke v. Freed - American Enterprise Institute - March 29th, 2024 [March 29th, 2024]
- First Amendment protects Trump from Fani Willis's election interference charges, attorney argues - Colorado Springs Gazette - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting election interference charges - Southernminn.com - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - messenger-inquirer - March 29th, 2024 [March 29th, 2024]
- Lawyers for the State argue against Trump First Amendment challenge in Georgia case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- OPINION: The possible TikTok ban is an infringement on our First Amendment rights - The Suffolk Journal - March 29th, 2024 [March 29th, 2024]
- Trump's team cites First Amendment in contesting charges in Georgia election interference case - Times Daily - March 29th, 2024 [March 29th, 2024]
- An iPhone, YouTube & the First Amendment: Man in St Louis tests boundaries of constitution through videos - First Alert 4 - March 29th, 2024 [March 29th, 2024]
- Lawyer argues Georgia election RICO case against Trump be dismissed over First Amendment - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Abridging, Not Coercing, Is The First Amendment's Yardstick for Speech Violations - Reason - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - Yahoo Singapore News - March 29th, 2024 [March 29th, 2024]
- Trump's attorney says election inference case should be thrown out over 1st Amendment protections - Yahoo! Voices - March 29th, 2024 [March 29th, 2024]
- Judge hears Trump's First Amendment challenge to Georgia charges: Watch live - AOL - March 29th, 2024 [March 29th, 2024]
- Judge sets new hearing date in 2020 Georgia election interference case - 11Alive.com WXIA - March 29th, 2024 [March 29th, 2024]
- Biden Wants To Avoid a First Amendment Showdown Over WikiLeaks - Reason - March 22nd, 2024 [March 22nd, 2024]
- Justice Ketanji Brown Jackson raises eyebrows with comment that First Amendment 'hamstrings' government - Fox News - March 22nd, 2024 [March 22nd, 2024]
- West Texas drag show becomes a First Amendment battleground - The Texas Tribune - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Associated Press - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment, the Fourth Amendment, and Substantial Encouragement - Reason - March 22nd, 2024 [March 22nd, 2024]
- News/Media Alliance Joins Brief Defending First Amendment Editorial Rights of Documentarians - News/Media Alliance - March 22nd, 2024 [March 22nd, 2024]
- The State of the First Amendment: Free Speech - University of Colorado Boulder - March 22nd, 2024 [March 22nd, 2024]
- Justices Seem Likely to Side With N.R.A. in First Amendment Dispute - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Justice Kavanaugh loses patience with the judiciarys far right - Vox.com - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson ripped for worrying about the First Amendment 'hamstringing' government: 'Literally the point' - Fox News - March 22nd, 2024 [March 22nd, 2024]
- Analysis: SCOTUS Oral Arguments Bode Well For NRA First Amendment Claim [Member Exclusive] - The Reload - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear First Amendment challenge to New York's financial 'blacklisting' of NRA - Fox News - March 22nd, 2024 [March 22nd, 2024]
- NRA Goes To The Supreme Court Today In First Amendment CaseHere's What To Know - Forbes - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear case of former Castle Hills councilwoman who claims First Amendment rights were violated - KSAT San Antonio - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court to hear arguments in key First Amendment case challenging Biden admin teamwork with Big Tech - Fox News - March 22nd, 2024 [March 22nd, 2024]
- "Black Lives Mat[t]er" + "Any Life" Drawing "Not Protected by the First Amendment" in First Grade - Reason - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KXLY Spokane - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court hears free speech case that united the NRA and the ACLU - The Washington Post - March 22nd, 2024 [March 22nd, 2024]
- Supreme Court Wary of States' Bid to Limit Federal Contact With Social Media Companies - The New York Times - March 22nd, 2024 [March 22nd, 2024]
- Opinion: A First Amendment Fizzle at the U.S. Supreme Court - The Atlanta Journal Constitution - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment is under attack in Americas Oceania - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Education Institutions Grapple With Overlap of First Amendment and Anti-Discrimination Laws - JD Supra - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - The Caledonian-Record - March 22nd, 2024 [March 22nd, 2024]
- Note to Justice Jackson: First Amendment Should Hamstring Biden - Daily Signal - March 22nd, 2024 [March 22nd, 2024]
- Requiring ugly images of smoking's harm on cigarettes won't breach First Amendment, court says - KEYT - March 22nd, 2024 [March 22nd, 2024]
- The First Amendment Supreme Court case right wingers are crazy for - The Independent - March 22nd, 2024 [March 22nd, 2024]
- Ketanji Brown Jackson concerned First Amendment is hamstringing government from censorship - Washington Examiner - March 22nd, 2024 [March 22nd, 2024]
- Justice Jackson: First Amendment "Hamstringing" Federal Response To "Threatening Circumstances, From The ... - RealClearPolitics - March 22nd, 2024 [March 22nd, 2024]
- Opinion: Sen. Chuck Grassley should stand up for the First Amendment and support the PRESS Act - The Gazette - March 18th, 2024 [March 18th, 2024]
- The Supreme Court must protect the First Amendment in Murthy v. Missouri - Washington Examiner - March 18th, 2024 [March 18th, 2024]
- A Hillsborough judge invokes the First Amendment in a case related to a 2022 election campaign - WMNF - March 18th, 2024 [March 18th, 2024]
- John Stockton's lawyer claims first amendment violation as basis for COVID-19 lawsuit - KXLY Spokane - March 18th, 2024 [March 18th, 2024]
- Scientology Scores A First Amendment Win Over Leah Remini, But Harassment Claims Against Church Still Stand, Judge Rules - Deadline - March 18th, 2024 [March 18th, 2024]
- Supreme Court to hear First Amendment cases, weigh in on Texas immigration law - MSN - March 18th, 2024 [March 18th, 2024]
- 7 Expert Takeaways As the Supreme Court Considers Government Influence on Content Moderation - Just Security - March 18th, 2024 [March 18th, 2024]
- Conflict between First Amendment and discrimination on Broadway | Strictly Legal - The Cincinnati Enquirer - March 18th, 2024 [March 18th, 2024]