1st AMENDMENT

Read through the PowerPoint and jot down a few notes regarding each

part of Amendment 1

DIRECTIONS

ReligionSpeechPressAssemblyPetition

AMENDMENT 1

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof….”

AMENDMENT 1: Religion

The First Amendment embraces two religious principles – separation and tolerance. It prevents the government from establishing an official religion, and it provides broad protection for an individual’s personal religious beliefs and practices. U.S. citizens are free to “exercise” their right to attend a synagogue, temple, church or mosque of their choice – or to choose not to attend. Religious practice should be free from government influence or compulsion.

AMENDMENT 1: Religion

1) Establishment Clause: Govt cannot promote a religion

2) Free Exercise Clause: Govt can’t interfere with

religious practices3) The Lemon Test

Determines when a law has the effect of establishing religion

AMENDMENT 1: Religion

Inspiration: VA Statute for Religious Freedom

Written by Thomas JeffersonCountry was based on religious freedom

AMENDMENT 1: Religion

Congress shall make no law abridging the freedom of speech…

AMENDMENT 1: Speech

The First Amendment prevents government censorship of opinions and exchange of ideas. There are exceptions to the rule, but generally this right helps ensure that speech is not restricted because of its content. People also have the right to criticize the government

AMENDMENT 1: Speech

However, there are some limits to free speech1) Slander—Saying a lie meant to damage a

reputation2) Libel—Publishing a lie 3) Clear and Present Danger—Saying or

printing things that would endanger the nation 4) Bad Tendency Test—Used to determine

whether a speaker intended to have something bad happen as a result of what they said

“Speech” can also be expression

AMENDMENT 1: Speech

Congress shall make no law abridging the freedom of press…

AMENDMENT 1: Press

The government cannot control the media. Within certain parameters, it cannot control what is printed in newspapers, books, or the Internet, and what is broadcast on television or radio. We are allowed to get our information from any source. We can show our disagreement by speaking it, writing letters to newspaper editors, passing out leaflets or having our own Web pages, to name a few examples.

AMENDMENT 1: Press

The right to circulate opinions in print without censorship by the govtGovt can’t prevent material from being published (censorship)

Limits of Freedom of the Press LibelObscenity

AMENDMENT 1: Press

Inspiration Trial of John Peter Zenger (1730s)

Owned a printing press in NY and printed an article written by someone else attacking the corrupt governor of NY (all the points of the article were true)

Zenger was arrested by the governor for publishing information that opposed the govt (what was considered libel back then)

At trial the lawyer admitted that the Journal had printed the items in question, but he made the novel claim that because the criticism was truthful, Zenger should not be punished. His argument, radical for the time, was to tell the jury to not merely judge whether the law of libel was broken but to determine whether the law was just.

Zenger was found not guilty and his trial set a precedent for the freedom of press clause added to amendment 1

AMENDMENT 1: Press

Congress shall make no law abridging the right of the people peacefully to assemble…

AMENDMENT 1: Assembly

U.S. citizens have broad rights to peaceably come together, in public or private settings, to organize and advocate on behalf of things that matter to us. We can join groups for political, religious or social reasons, free from interference by the government.

AMENDMENT 1: Assembly

Right to gather and protest peacefully

Limits: Govt can regulate time and place

AMENDMENT 1: Assembly

Congress shall make no law abridging the right of the people peacefully to petition the government for a redress of grievances…

AMENDMENT 1: Petition

“To petition the government for a redress of grievances” means that we can ask the government for changes. We can do this, for example, by collecting signatures and sending them to our elected representatives, or by calling, writing or e-mailing those representatives.

AMENDMENT 1: Petition

Citizens (and states) may complain/grieve to the govt without fear of punishment

AMENDMENT 1: Petition

The following are examples of what is

protected and what is not protected under the First

Amendment

EXAMPLES

Robert yells “SALE ON PS3s!!!” in the middle of Walmart on Black Friday as a joke.

NO—Clear and Present Danger

AMENDMENT 1: Legal?

Chris was late to football practice and his coach made him run sprints. Chris was upset so later that night he texted several friends and falsely accused his coach of being drunk at practice. Parents see the text and the coach is fired a week later

NO—Libel

AMENDMENT 1: Legal?

The state of Florida passes a law that makes teaching the Biblical version of creation a requirement in all biology classes

NO—Establishment Clause

AMENDMENT 1: Legal?

Ben is the President of the Nazi Party of North America. He begins a campaign to recruit more members, which includes mailing out pamphlets that outline the party’s beliefs. The pamphlets do not promote violence against Jews or any other group, but many are offended.

YES—Freedom of Speech

AMENDMENT 1: Legal?

A magazine is going to publish a tell-all article about the Governor of California. The governor finds out about the article before it is published and orders the magazine not to publish it.

NO—Prior Restraint

AMENDMENT 1: Legal?

Two women are standing outside the courthouse when OJ Simpson is found not guilty. One of them sees OJ’s attorney and shouts to the angry crowd “There’s OJ’s attorney, let’s get him!”

NO—Clear and Present Danger

AMENDMENT 1: Legal?

As a joke, Phil stands up in the middle of a school assembly and yells “Bomb!” causing a panic. Several students are injured.

NO—Clear and Present Danger

AMENDMENT 1: Legal?

Skim through the “Rights Around the World”

reading and answer the questions on your

worksheet

DIRECTIONS