Do We Need the First Amendment?
Tuesday February 4, 2020
Many years ago, I was giving a lecture on the Constitution and the Bill of Rights to a class at a public high school here in Virginia. During the course of my talk, I made the following statement: “The First Amendment does not give people the right of free speech.”
I asked the students whether my statement was correct or incorrect. Everyone immediately told me that I was wrong. They said the First Amendment did in fact give people the right of free speech.
I held my ground. I said it didn’t, and I pressed the students to figure out why I was maintaining my position. They were just as steadfast in their position, until a girl raised her hand and said, “Mr. Hornberger is right. The First Amendment does not give people rights. It prohibits the government from infringing on rights that preexist the government.”
She was absolutely right.
The First Amendment reads:
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.Notice that the Amendment does not give people rights. Instead, it prohibits Congress from enacting laws that abridge people’s rights.
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