Petition Clause

E32818

The Petition Clause is the part of the First Amendment that guarantees individuals the right to appeal to the government to address grievances without fear of punishment or reprisal.


Statements (49)
Predicate Object
instanceOf clause of the First Amendment to the United States Constitution
constitutional provision
aimsToProtect access to government decision-makers
political participation
appliesTo federal government of the United States
local governments in the United States
state governments of the United States
appliesToActivity filing lawsuits to seek redress from the government
lobbying government officials
petitioning legislative bodies
petitioning the executive branch
petitioning the judicial branch
submitting petitions and complaints to government agencies
associatedWithDoctrine Noerr-Pennington doctrine
cameIntoForceWith ratification of the Bill of Rights
category First Amendment to the United States Constitution
United States constitutional law
citedInCase BE&K Construction Co. v. NLRB
Borough of Duryea v. Guarnieri
California Motor Transport Co. v. Trucking Unlimited
McDonald v. Smith
United States v. Cruikshank
enactedOn December 15, 1791
foundInSection First Amendment rights portion of the Bill of Rights
guaranteesRight right to petition the government for a redress of grievances
hasLegalFunction limits government power to punish individuals for seeking redress
provides a means for citizens to seek governmental change
supports democratic participation in government
historicalInfluence English Bill of Rights of 1689
influencedBy traditional English right to petition the monarch
interpretedBy Supreme Court of the United States
legalEffect renders unconstitutional laws that punish good-faith petitioning
supports immunity for certain petitioning activities from antitrust liability
locatedInDocument United States Constitution
partOf First Amendment to the United States Constitution
protectsActivity appealing to the government to address grievances
petitioning the government
seeking redress of grievances from the government
protectsAgainst government retaliation for petitioning
punishment for petitioning the government
reprisal for petitioning the government
relatedTo Assembly Clause
Free Exercise Clause
Free Speech Clause
Right to petition
scopeIncludes associations
groups
individuals
textIncludes "the right of the people ... to petition the Government for a redress of grievances"

Referenced by (1)
Subject (surface form when different) Predicate
First Amendment to the United States Constitution
containsClause

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