First Amendment Freedoms

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“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom.
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Presentation transcript:

First Amendment Freedoms The Student Perspective

Freedom of Speech

Freedom of Speech Freedom of Speech often defined as Freedom of Political Speech Right to criticize political leaders without fear of punishment. Favorable or unfavorable comments on political decisions. Right to disagree with majority. Can say what is on your mind even if it is not in the favor of the majority.

Freedom of Speech Society has placed limits on what can be said in the political arena, especially in public schools. Students today have significantly less rights to speak freely under the assumption that free speech can often be construed as “disruptive to classroom conduct.”

Freedom of Religion

What is Freedom of Religion? Freedom of Religion establishes freedom from the government discriminating against certain religions and also freedom of free exercise of any religion. The Establishment Clause “Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.” Separation of Church and State Applies to state and local governments after ratification of the Fourteenth Amendment and the incorporation clause. Norman Rockwell

Freedom of Religion and Students Today Students have the right to practice respective religions around their public education, and the public school cannot infringe on the right for students to practice respective religions. Teachers are much more restricted on how they can practice religion around their workplace, because the state or its employees cannot respect a specific religion while on the job.

Freedom of Press? The Power of the Pen!

Freedom of Press Freedom of the Press was a concept formed during the early American press when someone could be punished for sedition against the English Crown. John Hancock was the first to publish a newspaper in the colonies under license of the governors of the colonies. The Trial of John Peter Zenger by the colonial governor of New York in 1735.

Freedom of Press Defined Today The federal government cannot stop the press from publication of material, even if it will divulge state secrets, or endanger national security. The federal government cannot make a reporter divulge his/her source. Reporters cannot spread false facts that could damage a person’s reputation – given proper evidence. Great debate rages over whether freedom of press should be extended to “bloggers.”

Freedom of Assembly

Freedom of Assembly Freedom to Assemble is absent from the Magna Carta, the Petition of Right, and the English Bill of Rights. During the monarchial government, English citizens assembled at their own risk of persecution and punishment. That absence of the written right allowed monarchs to quell rebellion and silence religious groups they did not agree with.

Freedom of Assembly Today Students are granted the right to assemble peaceably and that right cannot for the simple reason that a young person is a student. Students may not become violent in their assembly. Students may not infringe upon the rights of others to assemble for the purpose of learning if their purpose is to redress grievances instead of education.

Freedom of Petition

Freedom of Petition 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. The American people normally rely on elected officials to address the federal government, The right is important if representatives do not address grievances in a manner fitting to the public need.

Freedom of Petition Today Right to petition has been widened to include the Referendum, Initiative, and Recall Process in many states so people have further access to redress grievances if their representatives turn a deaf ear. Students have the right to so the same, being able to address school grievances with their school board, or state school officials if their local school officials decide their opinion is not pertinent.

The First Amendment and Students Many First Amendment rights have been broadened to give students the freedoms they are entitled to as American Citizens. Many rights have been restricted today as well. Definition of disruptive to the school environment? Students play a significant role in shaping the way we interpret First Amendment freedoms, and will continue to do so in the future.