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."

The First amendment is the amendment that holds its concerns with Religion, Speech, Press, Assembly, and Petition. Quite simply, the people of the United States are protected (under this amendment) from any congressional law that attempts to infringe on the rights granted thereof. Originally, the First Amendment only applied to the Congress. However, starting with Gitlow v. New York (1925), the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government. One of the most popular interpretations of this amendment is the Establishment Clause which has been interpreted by the Supreme Court as erecting a separation of church and state.

But is this allowed under the constitution?

"Is burning the Koran free speech?
Justice Stephen Breyer says torching the Muslim holy book might not be a protected freedom — and critics find him in contempt
September 15, 2010, at 2:25 PM
Wash. Times, Alternet, Canada Free Press

Last week, a Florida pastor backed down from a plan to burn Korans on Sept. 11 to protest Islamist terrorism — but not before the news provoked deadly riots in Afghanistan. Now a new debate has erupted after Supreme Court Justice Stephen Breyer told ABC News that Americans may not have a constitutionally protected right to torch Muslim holy books. The right to speak your mind, Breyer said, "doesn’t mean you can shout 'fire' in a crowded theater," because people could get trampled. Similarly, given the possibility that Koran burning could incite violence, courts might reject a free-speech defense. Would it be unconstitutional to ban Koran burning?"

 

We are very fortunate to live in a country that allows for such an extreme expression of freedoms. The first amendment seems to “permit tolerance for people who are intolerant.” The fact that this pastors symbolic speech act is permitted simply because it does not immediately incite an individual to violence is an amazing quality of the Constitution. Not only is the pastor is protected and allowed to speck but also are those in opposition.

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http://theweek.com/article/index/207074/is-burning-the-koran-free-speech

http://www.myfoxtampabay.com/dpp/good_day/koran-burning-and-the-first-amendment-090810