US Constitution First Amendment — Freedom of Speech, Assembly, Petition

Summary

The First Amendment prohibits Congress from making laws abridging freedom of speech, press, peaceful assembly, or the right to petition government. The Supreme Court has interpreted it broadly to protect political speech, including advocacy for illegal action unless directed to imminent lawless action (Brandenburg v. Ohio). Association with political groups is protected under the freedom of association doctrine.

Relevance to the diaspora

Tamil-American activists rely on the First Amendment to challenge material support prosecutions that conflate political advocacy with terrorism support; the tension between First Amendment protection and §2339B was squarely addressed (and partly resolved against the diaspora) in Holder v. HLP.

Key provisions

• Free speech clause — prohibits content-based restrictions on speech
• Free assembly clause — protects peaceful public assembly
• Petition clause — right to petition government for redress
• Brandenburg v. Ohio, 395 U.S. 444 (1969) — imminent lawless action test
• Holder v. Humanitarian Law Project, 561 U.S. 1 (2010) — limits on coordination with FTOs

Primary source

Related entries

• → 18 U.S.C. §§ 2339A & 2339B — Material Support to Terrorism (US)
• → European Convention on Human Rights — Articles 10, 11 (Expression and Assembly) (ECHR)