First Amendment: Chapter Thirteen.

Why has your textbook dedicated a whole chapter

to ONE amendment?1. Thomas Jefferson said that even

IF you lost all your other civil rights, you could get them all back if you have your five freedoms.

2. How has the fall of the Soviet Union and the “Arab Spring” proven this?

Human Rights

1. H.R. or fundamental freedoms are at the core of our constitution.

2. The Founders said we have “Inalienable” rights “Endowed” by YOUR Creator.

3. What role does our gov’t play in regards to these rights?

4. It is to protect them!

Incorporation or Nationalization of the Bill

of Rights.1. The B.O.R. at first ONLY protected people from

the Federal government NOT States.

2. States could abuse our civil rights and they did!

3. Barron v. Baltimore – 1833.

Fourteenth Amendment1. This amendment, of 1870, laid

the foundation for Incorporation.

2. “ No state shall make or enforce any law which abridge the privileges or immunities of the citizens of the U.S….”

Plessy v. Ferguson - 18961. This Court decision allowed legal

discrimination of African – Americans.

2. This began the South’s Jim Crow laws and the practice of segregation. “Separate but equal.”

3. How can the Court make this ruling considering the 14th Amendment?

Gitlow v. New York - 19251. This case NATIONALIZED or

INCORPORATED the B.O.R.

2. Free speech is now a basic human right.

3. NO state can deny any federal civil right.

Forty-Five Important WordsThe First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

First Amendment

Freedom of ReligionEstablishment Clause

1. “Congress shall make no laws respecting religion.”

2. No Federal or State supported or favored church.

Free Exercise Clause

1. Prohibits the Federal or state from UNDULY interfering with how a church/religion practices their religion.

Engel v. Vitale - 19621. No organized school prayer.

2. No “Moment of silence.”

3. Equal Access Act of 1984.

Establishment ClauseCan:

1. Teach about religions.

2. Allow VOLUNTARY school prayer.

3. Have religious school clubs.

4. Use school transport to deliver students to parochial school.

5. Use the Bible/Koran/etc. for cultural/historical/ information.

Cannot: 1. Set a state religion.

2. No school mandatory/organized prayer.

3. Teach that any religion is THE religion.

4. Teach Creationism.

5. Pay parochial teachers.

Free Exercise ClauseThe government CAN’T interfere

with the practice or beliefs of any religion.

The only exception is IF a person might harm themselves OR other people.

Free Exercise Clause1. Reynolds v. U.S. 1879.

“…Not free to worship in ways that violate laws protecting the health, safety or morals of a community.”

Snake handlers or drinking poison, etc.

Flag Salute Cases1. Minersville v. Gobitis – 1940

Children MUST salute the flag.

2. W. Virginia State Board v. Barnette – 1943.

Overturned Minersville v. Gobitis.

Free ExerciseCAN:

1. Choose ANY religion to believe and follow.

2. Observe or practice any religious belief.

3. Not believe in any religion at all.

CANNOT:

1. Break the law.

2. Raise children with out education.

3. Hurt or potentially harm yourself or others.

Free SpeechPure Speech

1. Talking out loud to a single person, group or to millions.

2. Any mass media.

Symbolic Speech

1. Any image, picture, gesture, art, music, etc. that conveys a message.

Regulating SpeechSeditious Speech

1. Advocating the violent overthrow of the government.

2. Normally enforced during national peril.

3. Supreme Court now has ruled that you can be seditious.

Three Constitutional Tests:

1. “Clear and present danger.”

2. Bad Tendency Doctrine.”

3. “Preferred Doctrine.”

OK bombing? – Turner Dairies.”

Clear and Present Danger.

1. Schenck v. U.S. 1919.

2. “Clear and present danger.”

3. “Can’t yell fire in a crowded movie theater” if no fire exists OR say you have a bomb on an airplane.

Bad Tendency Doctrine.1. Gitlow v. New York. 1925.

2. Speech that MIGHT lead to illegal action.

3. Supreme Court ruled against B.T.D.

Preferred Position Doctrine.

First Amendment is the most important freedom and must get the MOST protection from the Court. 1940’s.

HGS

Defamatory SpeechSlander

1. Telling negative lies about a person that damages their reputation.

Libel

1. Writing negative lies about a person that damages their reputation.

Tabloids? Fighting words? Student speech.

2. Absence of Malice?

Bong Hits....

911 Truth Now!

Free Speech—More Limits

Sexual harassment.

Create too much social chaos.

Extremely crude language in a public forum.

Disrespectful, vulgar language in schools.

Hate crimes.

Robin Williams

Freedom of the press

Congress shall make no law abridging . . . the freedom of the press.”

Freedom of the Press.1. No Prior Restraint.

2. Near v. Minnesota. 1931.

3. Min. Paper called local elected officials “Gangsters and Grafters.”

4. Min. tried to stop paper.

5. Court ruled it “Prior restraint.”

Freedom of Press and Prior Restraint

1. New York Times v. U.S. 1971.

2. Could the U.S. stop the newspaper from publishing embarrassing information about the government?

3. No. The information was truthful and the government couldn’t use prior restraint.

Trials and Free Press.1. Sheppard v. Maxwell. 1966.

2. Gag orders unconstitutional, EXCEPT to trial participants.

3. Press MUST have access to trials.

4. Why are secret trials bad?

Protecting News Sources.1. Thirty states have shield laws.

2. The Federal government doesn’t.

3. “Scooter” Libby case. 2007.

4. Why are Shield Laws good or bad?

5. Congress is now considering a Federal Shield law. Why do you think some are against this proposed law?

Freedom of the Press. Can Cannot

Print any political position.

Make fun of people, especially politicians.

Expose wrongs by the government.

Say things that are not popular.

Libel– intentionally injuring a person’s reputation by false facts.

Disclose defense-security secrets.

Detail how to make a certain weapons.

Freedom of AssemblyCongress shall make no law . . .

Abridging . . . The people to peaceably assemble”

Freedom of Assembly.

1. Dejonge v. Oregon. 1937.

2. Communist public meeting.

3. “Peaceful assembly for lawful discussion cannot be made a crime.”

4. Americans still discriminated for political beliefs during the 20’s 30’s 40’s and 50’s.

5. McCarthyism.

Assembly Continued….Limits on Assembly.

1. Public property.

2. Limits on parades.

3. Skokie march by Nazis. 1977.

4. “Hecklers Veto.”

5. Feiner v. New York. 1950.

6. “Incite to riot.”

Assembly Continued….1. Assembly on PRIVATE property.

2. NO!

3. Gregory v. City of Chicago. 1969.

Government can’t stop peaceful assembly.

Assembly Continued….

Freedom of association. Unless a group is PLANNING a violent act, they have every right to meet.

Freedom of Assembly--Individual

Can CannotProtest Peacefully.

Parade with a permit.

Belong to any Political party.

Gang members can congregate in public. Except Oakland?

Protest using or threatening violence.

Hang out on private land against owners will or loitering.

Be out after teen curfew.

PetitionAllows people to

ask the government to change a court decision, law, or other governmental action.

Works with the right to assemble by allowing people to come together to pursue a change

Harry S Truman, 1950

“In a free country we punish men for crimes they commit, but never for the opinions they have.”