Inspired by clauses from the Magna Carta and English Bill of Rights, the Freedom to Petition Clause bloomed later in America than the other four categories of the First Amendment.
Petition Any Level
This clause applies equally to state, local, and federal governments. Courts have ruled that citizens may petition all branches of government, whether executive, legislative or judicial. Citizens do not have a right to personally meet with the office or official they wish to petition. However, they submit petitions to their offices or designated person per established procedures. The right to petition extends aspects of the right to assemble including sit-ins, boycotts, pickets, and protests.
Unlike the Magna Carta, there is no implicit verbiage in the Bill of Rights requiring the government to respond to citizen’s grievances. Some argue that the clause implies the government’s response. Otherwise, the right would be useless, a Supreme Court rulings in favor does not exist.
Only The Personally Affected
Limitations on “time, place, and manner” also apply to this clause. In some cases, the right to redress grievances extends only to individuals personally affected in the matter. Distribution of communications, such as mailing letters, signing petitions, and publishing materials, combined with other forms of free speech may be used in conjunction to press a message.
Fun Fact:
Starting in 1777, slaves petitioned the Massachusetts Legislature for freedom and equal rights. Slaves made an effort to secure the “inalienable rights” granted through petition. Despite this, it was not until the 1830’s that the Freedom to Petition Clause gained steam and importance. At this time, many more people petitioned the government to abolish slavery. Decades later in 1865, after the Civil War, Congress ratified the 13th Amendment abolishing slavery.
