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The First Amendment is part of the Bill of Rights, the first ten amendments to the Constitution that help protect the rights of citizens and the states. There have been many Supreme Court cases interpreting the degree of freedom and protection afforded to people balanced against the interests of the government.

Amendment I"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Schenck v. United States, (1919), was the first real challenge to laws impinging on First Amendment guarantees. Charles Schenck, a member of the Communist party, was prosecuted for violating the Espionage Act of 1917. Schenck mailed pamphlets to young men urging them to resist WW I recruitment efforts, which the Court held interfered with the United States' ability to build its military. Justice Oliver Wendell Holmes, Jr., who wrote the opinion in Schenck, instituted the "clear and present danger" doctrine that created the first legitimized exception to this constitutional freedom.

Examples of Other First Amendment cases

Establishment clause: (cannot teach religion in public schools): Everson v. Board of Education, 330 US 1 (1947)

Free exercise of religion: Cantwell v. Connecticut, 310 US 296 (1940)

Freedom of speech: Gitlow v. New York, 268 US 652 (1925)

Freedom of the press: Near v. Minnesota, 283 US 697 (1931)

Freedom of assembly: DeJonge v. Oregon, 299 US 353 (1937)

Expressive association (implied right): NAACP v. Alabama, 357 US 449 (1958)

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