Blog Post #4: First Amendment Protections

 Link to article: Recent Court Rulings Affirm First Amendment Protections (prnewswire.com)

    In the First Amendment, two of the six clauses are freedom of religion and freedom of assembly. So, when California Governor Gavin Newsom banned all indoor worship in churches across the state in an attempt to prevent the spread of the coronavirus, many objected as they viewed the decision as "blatantly discriminatory against the religious". Two cases, South Bay United Pentecostal Church v. Newsom and Harvest Rock Church v. Newsom, reached the Supreme Court. The SCOTUS ruled in a 5-4 decision that California's restrictions were unconstitutional as it restricted people's rights of religion and assembly. The state was forced to allow indoor worship sessions to resume, albeit at a 25% capacity. Justice Neil Gorsuch wrote, "If Hollywood may host a studio audience or film a singing competition while not a single soul may enter California's churches, synagogues and mosques, something has gone seriously awry."

    Aside from freedom of religion and assembly, the First Amendment condones freedom from religion, speech, press, and petition. The First Amendment does not condone action, though it does allow expressive action. However, if a private company disobeys the First Amendment, it is not seen as a violation. As the state of California is not a private company, it does not have the right to restrict people from attending indoor worship. If someone is censored online by the government, then they can sue as a violation of their free expression. However, under the State Action Doctrine, private sectors such as Instagram can censor someone as they do not have government involvement.