Grassroots Advocacy and the First Amendment

by Kathy Goldschmidt on March 02, 2022

Have you ever considered that you are one of the most important facilitators of the People's First Amendment Rights?

The freedoms of assembly, speech, the press, and petition are all critically important to the relationship between the institution of Congress and the People as well as between individual Members and their constituents. Organizers of grassroots advocacy help their members engage in almost every one of the fundamental freedoms guaranteed by the Constitution. As such, you are in a position of significant privilege and trust, which also comes with significant responsibility. To a certain degree, you hold trust in governance and democracy in your hands.

In our 2021 report The Future of Citizen Engagement: Rebuilding the Democratic Dialogue, we propose ten principles for modernizing and improving the relationship between Congress and the People. All ten will require changes in the constituent engagement culture and practices in both Congress and the organizations that help facilitate grassroots advocacy. Principle 2 is that Congress should robustly embrace and facilitate the People's First Amendment Rights, but grassroots advocacy plays a crucial role in helping Congress do that effectively.

Here's how you facilitate First Amendment rights:

  • Freedom of Assembly. Professional associations, nonprofits, unions, coalitions, industry organizations, and ad hoc groups have always been essential to our practice of democracy and our engagement with Congress. Collective action. That's what you do. You engage and peacefully assemble people around topics of mutual interests and, as a result, amplify their voices. For decades—if not generations—people like you have been responsible for the bulk of advocacy, petitions, and constituent communications directed toward Congress. When you assemble people for collective action, however, you hold their trust and must be honest and accountable with the tactics you use to engage them. Appealing to anger and dissatisfaction—or disseminating misinformation—to get people to join your cause violates their trust and weakens democracy.
  • Freedom of Speech. One of the best-known and frequently-exercised rights is, of course, that of free speech. You encourage people to speak out and advocate for change in their communities, states, and the nation. You and your organization also exercise your own right to free speech in the messages you disseminate and the work you do to engage people in your cause. You and your activists have the right to say whatever you choose free from government censorship or interference. As you wield the collective speech of your activists, however, consider the broader impact it will have on governance and democracy. Using speech to disparage Congress and its Members—or any governing body and its elected officials—can not only damage your cause, but also can also damage your relationship with the elected officials and overall trust in democracy.
  • Freedom of the Press. Historically, newspapers and their journalists were understood to be "the press," but advances in technology—radio, telephones, television, and the Internet—have substantively changed the definition and role of the press over time. Many local newspapers have closed, and many states are now without even one reporter dedicated to covering Congress. As a result, civic information is more likely to be covered at a national level than filtered through the perspectives and lenses of a local community. Except, possibly through organizations like yours. Your newsletters and emails may be the only way your members are hearing about what's going on with anything other than contentious national legislation that makes national news. Your local chapters may be the only ones translating public policy to local communities, congressional districts, and even states. Consider both the power and privilege involved in having that kind of voice among the People.
  • Freedom to Petition Government. Almost certainly you would say that this is the First Amendment right you are most involved in facilitating, but you would be wrong. The right to petition government for a redress of grievances is the least understood of our First Amendment rights, and it is now practiced much differently by Congress than at the founding of the nation. Unlike our current messages directed to specific Members, petitions used to be directed to, and addressed by, the full House or Senate. In the House—where most petitions were directed—any Member could introduce any petition from anyone and anyone could sign onto it, regardless of where they lived or who represented them (or even whether they were citizens or eligible to vote). In fact, many petitioners were basically grassroots organizers. They would generate support among—and signatures from—individuals, sometimes from all over the country. At the same time, they would identify and generate the support of a Member of Congress to introduce it. Once the House or Senate accepted a petition, there was a culture and expectation for due process, as with a court filing. The petition would be considered and would receive a response. Now the right to petition has been equated with free speech rather than due process, and we retain only a vestigial version of the original petition process.

Can you think of any other professional more responsible for facilitating the People's First Amendment rights than a grassroots organizer? Other than legislators, themselves, perhaps? As such, those who serve as conduits between our leaders and those they represent bear significant responsibility to facilitate and support with integrity the most important relationship in our republic.

Additional Resources

 
advocacy, citizen engagement, grassroots