The First Amendment: Protecting U.S. Citizens and Freedoms of Expression
Historical Facts and Background
The First Amendment, ratified in 1791 as part of the Bill of Rights, stands as a cornerstone of American liberty, guaranteeing freedoms concerning religion, expression, assembly, and the right to petition the government. Its genesis lies in the desire of the Founding Fathers to prevent the government from infringing upon the fundamental rights of its citizens, a direct response to the oppressive measures experienced under British rule.
For criminal defense, the First Amendment is particularly relevant in cases where speech, artistic expression, or assembly leads to accusations of criminal conduct, drawing a crucial line between protected expression and genuinely illegal acts.
Caselaws
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Brandenburg v. Ohio, 395 U.S. 444 (1969)
https://supreme.justia.com/cases/federal/us/395/444/ -
United States v. Eichman, 496 U.S. 310 (1990)
https://supreme.justia.com/cases/federal/us/496/310/
How People Are Protected by the Laws
The First Amendment protects individuals by ensuring they cannot be prosecuted simply for expressing unpopular or critical views, participating in peaceful protests, or engaging in artistic endeavors that some might find objectionable. It requires the government to meet a high bar (like the Brandenburg test) before it can criminalize speech. This means that a criminal defense attorney can argue that charges related to speech or assembly violate a client's constitutional rights, seeking dismissal or challenging the prosecution's case.
Abuse of Rights by the Courts
Despite these protections, courts can sometimes overreach. One example is the overly broad application of "disorderly conduct" or "breach of peace" statutes to suppress legitimate protest or expression, effectively criminalizing speech that does not incite immediate violence. Another concern is the prosecution of individuals for online speech, where the intent and context of words can be easily misinterpreted, leading to charges like "true threats" without sufficient evidence of actual intent to harm. These instances highlight the ongoing need for vigilance in upholding First Amendment rights in the criminal justice system.
Komorn Law
Since 1993, Komorn Law has been a steadfast advocate for clients whose First Amendment rights have been challenged in the criminal justice system.
With extensive experience in criminal legal defense, Attorney Michael Komorn and his team aggressively defend against charges that infringe upon free speech, assembly, and other fundamental expressions.
Komorn Law understands the nuances of constitutional protections and has a proven track record of securing favorable outcomes by challenging overzealous prosecutions. If you believe your First Amendment rights have been violated, contact Komorn Law at 248-357-2550 or visit our website at
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