The First Amendment Our most basic freedoms/rights.
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Transcript of The First Amendment Our most basic freedoms/rights.
The First Amendment
Our most basic freedoms/rights
Freedom of Religion “a wall of separation
b/t Church and State” Freedom of religion is
guaranteed in two clauses: The Establishment
Clause The Free Exercise
Cause
Religion in Schools Prayer in Schools Lee v Weisman-1992
unconstitutional to pray before RI graduation.
Unconstitutional to display the Ten Commandments
Evolution v. Creation Unconstitutional to
ban the teaching of Evolution Gov’t is not responsible
to protect Church from views it disagrees with.
The Lemon Test
Practicing Religion S.C. upheld Jehovah's Witness right not to
salute the flag Violated Idolatry commandment
Limits to how far you can practice your religion.
Religion cannot supersede laws of society. Polygamists-Tom A Green (April 2001)
Freedom of Speech The Preferred Doctrine Pure Speech
Most common form Speech Plus
Involves Action Symbolic Speech
Actions or symbols instead of words
Limits on Freedom of Speech Speech must be balanced to protect
society “Clear and Present Danger” The Bad Tendency Doctrine Non Protected Speech
Seditious Speech Defamatory Speech “Fighting Words” Student speech
Freedom of Assembly “it is the right of the people to peacefully
assemble and petition the gov’t” Limits on Assembling
Permits required before assembling Greater likelihood that it will interfere with the
rights of others Greater potential for violence
Freedom of the Press Forbids Prior Restraint Free Press issues
Radio & TV do not enjoy same freedoms
Airwaves are public Anything obscene
cannot be broadcast The public’s right
outweighs the broadcaster’s