The First Amendment to the Constitution states that: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (constitute project.org)
(today.harvardlaw.edu)
The strength of America’s democracy has always been contingent upon this amendment. It gives power to the people and allows for them to exercise their right to free speech, assemble, and petition. By exercising these rights, the people are also given the ability to change the constitution to further their rights. The First amendment has been used traditionally and still is today to support social movements, protests, expressive action, and more. During the civil rights movement, and before it, the supreme court had not always listened to people who have used the First Amendment to justify these rights granted to them in the Constitution.
Brown v. Board (1954) was a landmark case in the start of progress for African Americans during the civil rights movement. Although it only desegregated schools, it was the first time that the supreme court declared that ‘"separate but equal’ has no place. Separate educational facilities are inherently unequal” (supreme.justia.com). By overturning Plessy v. Ferguson, which ruled that it was constitutional to have ‘separate but equal facilities,’ it began the era of desegregation even though Jim Crow laws were technically still in place.
(gse.harvard.edu)
Jim Crow laws were a way that public and private places utilized the ruling in Plessy v. Ferguson to segregate based on race. Although it took a tumultuous effort to eradicate them, as they severely hindered the civil rights movement, one of the ways that got the most attention from the media was the organization of sit-ins.
(woolworthmuseum.co.uk)
In 1960, David Richmond, Joseph McNeil, Ezell Blair jr., and Franklin McCain, later known as the Greensboro Four, started the first-sit at a Woolworth’s restaurant in 1960. After being denied service because they were African American and having the police called on them because they refused to leave, they were unable to be arrested because they were causing no harm. This quickly caught the eye of the media and kickstarted a chain of sit-ins by college students Even though they were denied service, the sit-ins spread rapidly in the south. By exercising their First Amendment right of expressive action, they advanced the role of college students in the civil rights students, including white allies.
(greensboro.com)
However, even expressive action was not always tolerated. Rosa Parks, an African American woman from Montgomery, Alabama, was arrested for refusing to give up her seat, designated for African Americans, on a city bus. When the white seats were taken up, the bus driver ordered the African Americans to give up their seats and stand so the white people could sit. Parks would not fold with her decision to remain in her seat. This situation shows that while expressive action had been working, not all law enforcement would enforce the law and would rather enforce the ideologies of the Jim Crow laws the south was notorious for. While this was not necessarily successful and seemed like a setback to the civil rights movement, this small act did gain attention and began the Montgomery bus boycott.
(openculture.com)
As the number of people participating in the bus boycott grew, local ministers founded the Montgomery Improvement Association (MIA) to help with the organization of the movement, and Reverend Dr. Martin Luther King Junior was elected the MIA’s president (history.com).
On August 28, 1963, Dr. King, now a prominent leader in the civil rights movement, led the march on Washington, where desegregation was protested and he spoke his famous ‘I have a dream' speech. While his words were immensely powerful, they were not violent.“I have a dream that one day this nation will rise and live out the true meaning of its creed: "We hold these truths to be self-evident; that all men are created equal” (npr.org). This was a key event in the civil rights movement because he showed through his speech that America’s foundational documents applied to everyone and that keeping a democracy was dependent upon it.
(britannica.com)
While the fight for civil rights is still ongoing, these events, whether they hindered or advanced the cause of civil rights, would not have been possible without the freedom granted in the First Amendment in the Constitution. These events primarily used the freedom of speech to exercise expressive action, which expresses beliefs in a non-violent way. Even though African Americans had been dealt much trauma, the only way they would get progress was by using expressive action, not only to keep themselves safe but to use their First Amendment rights as given by the constitution, regardless of how they were being misinterpreted.
(life.com)
https://www.constituteproject.org/constitution/United_States_of_America_1992
https://supreme.justia.com/cases/federal/us/347/483/
https://www.history.com/topics/black-history/the-greensboro-sit-in
https://www.history.com/topics/black-history/rosa-parks
https://today.law.harvard.edu/brilliant-and-highly-flawed/
https://www.gse.harvard.edu/ed
http://www.woolworthsmuseum.co.uk/1950s-i-restaurant.htm
https://www.openculture.com/2014/12/arrest-report-of-rosa-parks.html
https://www.britannica.com/biography/Martin-Luther-King-Jr
https://www.life.com/history/the-march-on-washington-power-to-the-people/

