The tumultuous events of the past year have highlighted the First Amendments vital role as a pillar of American democracy. They have also underscored the need for vigilance in defending it.
Journalists coverage of these events the pandemic, the nationwide protests denouncing police killings of Black Americans and supporting racial justice, and the bitterly contested presidential election and its aftermath has put renewed focus on the protection of freedom of the press.
Attacks by law enforcement on protesters and journalists have brought to prominence two other First Amendment protections: freedom of speech and the right to peaceably assemble. Freedom of speech is also at the center of ongoing debates over controversial speakers on college campuses and the role of social media companies in limiting or blocking hate speech and disinformation on their platforms.
Now, the initial amendment to the U.S. Constitution is being tested on multiple fronts:
Because of these and other factors, understanding the First Amendments role in protecting key freedoms is now especially important.
Expression by speakers across the ideological spectrum is facing actual or threatened suppression by not only government officials, but also other powerful societal forces, from tech giants to social media mobs, Nadine Strossen, an expert on constitutional law and a former president of the American Civil Liberties Union, told me. No matter who we are, no matter what we believe, we all have a stake in ensuring meaningful free speech for everyone.
This starts with knowing the rights and freedoms that the amendment protects. A 2019 survey by the Freedom Forum Institute found that only 1% of Americans could name all five: freedom of speech, freedom of the press, freedom of religion, the right to peaceably assemble and the right to petition the government for a redress of grievances. More than a quarter (29%) could not name a single one.
Asked about the First Amendments language at her Supreme Court confirmation hearing last year, even Amy Coney Barrett nominated to fill the seat long held by Ruth Bader Ginsburg was unable to cite the right to petition the government.
It extends to knowing what the amendment covers and what it does not.
The First Amendment is frequently invoked in discussions of online speech. While it states that Congress shall make no law that infringes on the protections it cites, it says nothing about private companies, such as Facebook or Twitter, curating content on their platforms and restricting speech that they deem harmful.
As a result, support for it should never be taken for granted.
The future of the First Amendment seems uncertain. So does the underlying reality of public opinion in this area and its trajectory moving forward. That was the conclusion of High School Student Views of the First Amendment, a 2019 report commissioned by the John S. and James L. Knight Foundation that summarized the findings of seven national surveys of U.S. high school students from 2004 to 2018. A Knight survey of college students, published in 2020, found that students today are less inclined than their recent predecessors to view First Amendment freedoms as secure in society.
Why? Heres one reason: Court decisions that are often the most important for example, whether displaying a swastika is a form of free speech or whether speakers should be permitted to share offensive views on college campuses may be challenging for many to understand.
This makes it imperative that the First Amendment be taught in schools as the bedrock of the countrys commitment to individual rights and responsibilities and a core part of civics education.
As Strossen told me, The only secure protection for free speech is a public that understands its importance and therefore defends it.
TheNews Literacy Project, a nonpartisan national education nonprofit, provides programs and resources for educators and the public to teach, learn and share the abilities needed to be smart, active consumers of news and information and equal and engaged participants in a democracy.
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Opinion: The past year has underscored the need for vigilance in defending the First Amendment - Poynter
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