What Are Your Rights Under the First Amendment?
- marketing9204
- Oct 15
- 4 min read
Article Summary:
The First Amendment limits government action, protecting freedoms like speech, religion, press, assembly, and petitions for change.
These rights apply in public settings and include modern platforms, such as social media.
Private employers can discipline or fire workers for speech outside work, but government employers face constitutional limits when employees speak as private citizens on public issues.
Understanding these protections helps people recognize when their rights may have been violated and when to seek legal guidance.
The First Amendment is one of the most misunderstood Amendments within the Constitution. People often start looking for real answers about the First Amendment after a heated conversation online, a disagreement at work, or a news story about someone losing their job over a public comment. Who is protected? What acts or statements are protected? When can your employer take actions against you?
At Justly Prudent, our goal is to educate all people about their rights under the United States Constitution. The Amendments exist to further extend and protect the rights of the people. We want to make these protections easier to understand and provide you with straightforward answers about what the Constitution actually states about your civil rights.
What Does the First Amendment Say?
Here is the full text of the First Amendment:
"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."
Those words set clear limits on the government. Lawmakers cannot create rules that take away the rights to free speech, religious practice, a free press, peaceful assembly, or petitioning the government to address problems. Therefore, the government has no legal avenue to prevent any of these activities. Every one of these protections exists as a cornerstone of American democracy.
Defining the Freedoms Granted and Protected by the First Amendment
Freedom of Religion
This right includes two parts: the government cannot establish a national religion, and it cannot interfere with individual religious practice. From choosing not to follow any faith to practicing a deeply personal belief system, the Constitution protects that decision.
Freedom of Speech
Americans may express opinions without fear of government punishment, even if those opinions are unpopular or critical of leaders. Speech protections now extend to online platforms and social media (and any public space where ideas are shared).
Freedom of the Press
Journalists and publishers may report on government actions without censorship. A free press holds those in power accountable and ensures the public stays informed.
Freedom of Assembly
People may gather peacefully to express opinions, protest, or rally for causes. This protection covers marches, demonstrations, and public meetings aimed at drawing attention to issues. Many jurisdictions do require permits to exercise some of these rights, which has been a point of contention in the past.
Freedom to Petition the Government
Citizens have the right to demand changes to laws, request government action, or seek remedies for wrongdoing. Petitions, letter-writing campaigns, and lobbying all fall under this protection.
Can My Employer Fire Me For Something I Said Outside of Work?
As we’ve repeated, the First Amendment prevents the government from punishing people for what they say. The most common misconception is that it doesn’t stop private employers from responding to speech they feel reflects poorly on their organization. That’s why many workers have faced consequences from private companies after public comments or social media posts, even if no laws were broken. This is something we saw recently with firings related to public comments made about the death of conservative influencer Charlie Kirk. We also saw questions about this when certain NFL fans did not approve of Colin Kaepernick’s protest of police brutality against people of color, a move the NFL did not publicly punish him for.
Public employees who work for the government have similar rights. When government workers speak as private citizens on issues of public concern, the Constitution often protects that speech as long as it doesn’t interfere with their job duties. Courts usually weigh three factors based on existing case law:
Whether the speech occurred in the individual’s capacity as a private citizen
Whether the speech addressed a matter of public concern
Whether it disrupted workplace responsibilities
If you were acting as a private citizen addressing a matter of public concern and the comments did not disrupt workplace responsibilities, your employer should not be given the opportunity to punish you. Where this becomes complicated, however, is, like in the Kirk case, when those comments can be considered disruptive in the workplace based on the nature of those comments.
Upholding the Rights of the People
The First Amendment sets boundaries that the government cannot cross, but interpreting those boundaries sometimes requires a legal partner who stands by your rights in this country. When your rights come under attack, the people deserve advocates ready to defend them. At Justly Prudent, we stand beside our clients to protect constitutional freedoms. Contact us to get the legal representation you need to uphold your rights as an American citizen.
DISCLAIMER: The information in this article is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Justly Prudent or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader should act or refrain from acting on the basis of any information included in, or accessible through, this article without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.
