The 1 st Amendment Just the basics

1. What does it say about our first amendment rights that they are in the FIRST amendment rather than in a later amendment? These are the most FUNDAMENTAL rights that all humans crave. Our founding fathers wanted these, and never got them from England.

Freedom of Religion

History Escape persecution from England So that all forms of religion would stand equally

What IS protected Establishment clause: prohibits the govt. from establishing a national church or religion (separation of church and state) Free exercise clause: requires the govt. to allow people to practice religion freely w/ minimal interference

What is NOT protected No public school prayer (led by staff) (Engel v. Vitale) No Bible readings (led by staff) No Ten Commandments posted

Court Cases Epperson v. Arkansas: states may not outlaw the teaching of evolution in public schools Cantwell v. Connecticut: states may not apply a license fee on Jehovah’s Witnesses who solicit door-to door…free exercise!

Freedom of Assembly

History Exchange of ideas important to a free society GROUPS bring about positive change in society (ended segregation, stopped wars, etc…)

What IS protected Create a political party Meet in a public place or in private Must be peaceful, can’t harm others, follows local ordinances about safety

What is NOT protected Groups cannot join anything they want, if it interferes with another group’s message (Hurley v. Irish American Gay, Lesbian, and Bisexual Group)-the local vets parade does not have to include this group in its parades.

Court Cases US v. O’Brien (1968): “Time, place, and manner doctrine”. As long as people peaceably convene to picket, protest, or distribute fliers, a state may not punish Nazi Party v. Skokie (1977): Nazi Party can march in a Jewish neighborhood

Freedom of Petition

History Wanted a govt. that cared about their problems Includes speech and press…usually not talked about too much today-because it WORKS so well

What IS protected Lobbying (asking for something) Letter-writing s Filing lawsuits Peaceful protests

What is NOT protected Govt. not required to respond to every letter, phone call, etc…

Court Cases NAACP v. Button (1963): Civil Rights groups are allowed to protest conditions

Freedom of the Press

History Important in a free society-we need to know the TRUTH

What IS protected Govt. can’t force a paper to publish info against will Cannot impose criminal penalties for publishing the truth about anything Cannot be taxed unfairly

What is NOT protected Libel (written lies) and slander (spoken lies)…are ILLEGAL! But very hard to prove that it was done on purpose…it’s ok if it’s an accident! (Sorry Lindsay Lohan)

Court Cases NY Times v. US govt. (1964): “Prior restraint” doctrine”. Can’t be told what not to publish. Can only get in trouble AFTER publishing something.

Freedom of Speech

History A huge part of American culture today This has gripped our society Necessary in a vibrant democracy! A means of participation

What IS protected Hate groups ok Burn a flag, burn a cross, be an advocate for anarchy, pornography, talk bad about people even if it’s false (if you think it’s true)….

What is NOT protected Can’t yell, “FIRE” in a public place if it’s a lie No act/words to incite action against the govt. No slander Can limit campaign contributions ($ as speech)

Court Cases Gitlow v. New York (1925): Freedom of speech extends to states through the 14 th amendment

4. Why do you think there are so many court cases addressing the first amendment? People care passionately about the 1 st amendment, and try to interpret it differently

Last thoughts… Do you think that the first amendment is too strict, too generous, or just right?