The 1st Amendment

Our Rights…

• Relative NOT Absolute• Ex- Everyone has

freedom of speech, but, no one has absolute 100% freedom of speech

• You have rights and freedoms as long as they do not take away other’s rights and freedoms

• 14th Amendment- “Due Process Clause”, made the states guarantee rights to its citizens

• 1st Amendment (5 Basic Freedoms)– Speech– Religion– Petition– Press– Assembly

Freedom of Religion

• 2 Guarantees– The government won’t set up any religion (The

Establishment Clause)– The government won’t stop people from

practicing their religion (The Free Exercise Clause)

Is it legal to give public finding ($$$) to private schools???

YES

The Lemon Test

• Private schools can receive public funds as long as its purpose passes the Lemon Test.

• 3 Parts:– The purpose of the aid must be Secular

(educational) not religious– Its primary effect must not advance (or inhibit)

religion– It must not cause “excessive entanglement” of

government and religion

Does it Pass the Lemon Test???

• Can private schools receive public funding to help pay for…– Teacher Salaries… No– Administering Standardized Tests… Yes– Adolescent Sex Ed Classes that teach abstinence and

oppose abortion… Yes– An interpreter for a deaf student… Yes– Computers and other technology… Yes (as long as

they are on loan and not used for religious purposes)

Landmark Supreme Court Cases

• Pierce v. Society of Sisters• Everson v. Board of

Education• McCollum v. Board of

Education• Abington School District

v. Schempp• Murray v. Curlett• Stone v. Graham• Wallace v. Jaffree

• Lee v. Weisman• Santa Fe School District

v. Doe• Westside Community

Schools v. Mergens• Good News Club v.

Milford Central School• Epperson v. Arkansas• Edwards v. Aguillard

Freedom of Speech and Freedom of the Press

• 2 Guarantees– freedom to express yourself in the spoken and

written word – Access to a variety of ideas on public affairs

Restrictions

• Libel- false written words• Slander- false spoken words• Obscene words/materials• False advertising• Words that create “clear and present danger”– “FIRE!”

• Words that prompt others to commit a crime• Seditious Speech- words that attempt to

overthrow government, must incite action

Freedom of Speech and the Press

• Prior Restraint- speech can’t be punished/censored until after its said– Does not apply in ALL circumstances for ex-

pentagon papers in newspaper• Shield Laws- laws protecting reporters from

having to name their sources in court• Symbolic Speech- saying something using

symbols (armbands, pins, clothing, actions)– Includes workers picketing during a strike

Freedom of Assembly and Petition

• Assemble- gather together to express views on public matters… PEACEFULLY!!!– Ex- writing letters, advertisements, parades,

marches, demonstrations, etc.• Petition- collect names in support of a

viewpoint

Regulations

• The government can make decisions concerning:– Time

• Ex- can’t protest near a school during school hours

– Place (public spaces)• Ex- can’t protest within 36 feet of an abortion clinic or

make “unwanted speech” with a person within 100 feet of the clinic

– Manner• Ex- restriction of loud music or certain images

• Must be “content neutral”

Freedom of Assembly and Petition

• What about private property? (shopping malls, grocery stores, etc.)– On private property the right to assemble or

petition must be granted by the owner. • Freedom of Association- right to affiliate

yourself with any groups you choose