The First Amendment in the US Bill of Rights Compared to the English Bill of Rights
Purpose and Significance of the U.S. Bill of Rights
The US Bill of Rights is a foundation of the US Constitution, containing the first 10 Amendments. Its primary purpose is to establish the people’s rights concerning the government. The Founding Fathers intended this document to solidify civil freedom for the citizens. In their vision, Americans deserve this freedom of speech, freedom of the press, freedom of religion, and the ability to speak about political matters to ensure core democratic principles (Magliocca, 2018).
In other words, the Founding Fathers attempted to draw a line between the government’s actions and those of its citizens while preserving the people’s rights (Columbia Southern University, 2022). They clarified that people are free to act when it comes to matters beyond the jurisdiction of the Federal government, “the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” (National Archives, 2022, para 1). Thus, the Bill of Rights outlined these freedoms, rights, and due process of the law.
Individual Civil Rights According to the First Amendment
On the basic level, the First Amendment guarantees the freedom of speech to US citizens. This freedom includes the right “to express ideas through speech and the press, to assemble or gather with a group to protest or for other reasons, and to ask the government to fix problems” (National Archives, 2022, para 2). It also ensures the separation of government and religion, while allowing citizens to practice it freely.
In recent years, there has been considerable confusion about the limits of this right. Many protestors cited the First Amendment, opposing the public health mandate to wear masks during the COVID-19 pandemic. However, these concerns were quickly overruled by law experts. The main reason for that is the mandate. Although there are some concerning developments regarding civil liberties globally due to this pandemic, mask mandates are not part of the problem. However, this misjudgment of the First Amendment’s rights reveals a deeper misunderstanding of the essential distinction between the government’s authority and the rights protected by the US Constitution. In other words, in this case, the mask mandate is the public health policy created and enforced by the government in its authority.
Moreover, it does not physically or otherwise limit the freedom of speech, expression, protest, assembly, or practice of religion. On the other hand, the protesters tried to overstep the line between the authority of the law and the process by attempting to enforce the change. In this instance, his right is in the hands of the state to protect public health and ensure citizens’ rights not to get infected. Therefore, their arguments were dismissed due to this lack of legal substance. It shows how the First Amendment guarantees the rights outlined in the document.
Comparison of the US First Amendment to the English Bill of Rights
Although the US Bill of Rights was based on and heavily influenced by the English Bill of Rights, the two documents differ significantly. The latter is primarily concerned with the operation of the government and brought the need to change the rules after the wrongdoings of King James II. It limits the monarch’s power, leading to the establishment of a constitutional monarchy, as opposed to a presidential democracy in the US. In other words, when the English Bill of Rights limits the government, the US Bill of Rights establishes the boundary between the freedoms of the government and those of the individual.
Despite this difference, there are common themes in both documents. Regarding the US First Amendment, which guarantees freedom of speech, the English Bill of Rights also includes a similar clause. This right is generally connected to the freedom of speech in the Parliament clause. It ensures that everyone can contribute to government decision-making and express their views. It does not include the rights of ordinary citizens in their daily lives. However, some experts argue that it achieves the exact purpose of accounting for the masses in policymaking. Thus, general freedom of speech and the press is observed in the UK.
References
Columbia Southern University. (2022). Experts Define Pretrial Procedures [Video].
Magliocca, G. N. (2018). The heart of the constitution: How the bill of rights became the bill of rights. Oxford University Press.
National Archives. (2022). The Bill of Rights: What does it say?
