FIVE FREEDOMS

First Amendment

Amendment ICongress 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.

Is the US religious?

YES NO

Free exercise % that attend/believe Documents Society Policy Reference

Establishment Official religion Favoritism Separation

Jefferson Danbury Baptist Church Fear of Government

Control

Constitution and Religion

Article VI Amendment I

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

Congress shall make no law 1. respecting an establishment of religion, or

2. prohibiting the free exercise thereof

Lemon Test1. There must be a clear non-religious

purpose2. The action must neither advance nor

inhibit religion3. Government must avoid excessive

entanglements with religion

Free Speech

YES NO

Protected right Important to

independence Core value of the

Revolution Successful Democracy

Dangers Tyranny School Unity

Historical Limits 1. A clear and present danger2. Bad tendency doctrine3. Preferred position doctrine

Harsh WordsFighting Words – some words are so

inflammatory that provoke violence

Defamatory – to destroy a person’s character

Slander – spokenLibel – written

O’Brien TestExpressive Conduct…1. Falls within Constitutional powers2. Is narrowly drawn – not related to free

speech3. Leaves open alternative communication

Government and the Press

YES NO

National security risk Fairness to all citizens Practical considerations Purity

Less restrictive than speech

Essential in a Republic Manipulated Information

Balance Prior restraint – government officials

censor printed materials Full disclosure – naming the sources of

information used in an article Executive privilege – necessity of the

President to speak candidly with staff Gag order – court order to withhold

printing in order to insure a fair trial

Restricted Media Newspapers Books Movies Music TV Radio Internet Magazines Billboards

Billboards Newspapers/Magazines TV/Radio Movies/Music Books Internet

Peaceful Assembly

YES NO

Boston Tea Party Civil Rights Suffrage Unions Political Party

Bonus Army Japanese Internment KKK Freedom Rides KSU

Amendment XIVAll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Supreme Court

Assembly is as important for protecting the liberty of the citizenry as speech and press are in our democratic society.

Petition

YES NO

Redress of grievances Declaration of

Independence Ballot Bill

Mass signatures Majority rule Vote Cost

Redressv. 1. To set right, remedy or rectify.

2. To make amends for. n. 1. Satisfaction for wrong done; reparation.

2. Correction.

Nationalization Extend the Bill of Rights protections

through the Supremacy Clause

Make the Bill of Rights apply to all citizens uniformly, in all states

Incorporation

State and Local Government State Constitutions

Create the structureEstablish local governmentRegulate the moneyCommission agencies and boardsLong and specificEasily amended

Branches Legislative

Districts by Constitutional provisionUnequal representation

ExecutiveGovernorLine-item veto on all legislationCommander-in-Chief of National GuardElected cabinet

JudicialElected by citizensMarriage, traffic, probate

Regulatory Powers Business – charter, license, consumer

protections, labor safety, attract industry Environment – services, green spaces,

pollution Property – criminal codes, incorporation,

sentencing, appeals Health – public schools, vaccinations,

medical, welfare, assistance

Local Districts County

Large territory and political power Township

Large territory, little political power Municipality

Population density, home rule Special district

Exists to deal with a specific function

Municipal Government Mayor-Council

Separation of powers/checks and balances Commission

No executive, divided duties City Manager

Legislative exercises authorityManager carries out policies

Local Services Schools Police and Fire Water and Sewer Recreation Culture Zoning Solve Problems

Challenges Unemployment Housing Upkeep Crime Blight Resources