1st Amendment

Rights “We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness…to secure these Rights, governments are instituted among Men.”

Must Know Judicial Terms: _______ v. __________ (The first person’s rights are “violated” and they are bringing suit against the other) Precedent: An earlier event or action (decision) that becomes a guide for similar situations Example: Phones in class Unanimous Decisions: All justices rule the same way Majority Decision: At least 5-8 justices rule the same way Majority Opinion: Explanation of WHY the Majority ruled the way they did Concurring Opinion: Why a justice (that ruled with the majority) agrees but for different reasons than the majority opinion Dissenting Opinion: WHY a justice disagreed with the Majority

When someone brings up the 1st amendment, what comes to mind for you? One the next slide, read through and write down as many freedoms/ protections as you can find.

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.

Tinker v. Des Moines 1969 Background: In Protest of the Vietnam War a group of adults and students in Des Moines, Iowa, decided to publicize their opposition to the war by wearing black armbands during the winter break. The school announced the policy that any student wearing the armbands would be asked to remove them, and if they refused they would be suspended.

Tinker v. Des Moines The Tinker children (Mary Beth, John, and Christopher) were suspended and sent home from school. Their parents took the case to court. Both sides believed their position was right.

Tinker v. Des Moines Tinker Des Moines The students had a 1st Amendment right to express their opinions, and they were as entitled to that expression in school as in any other place The armbands did not disrupt school discipline. The school did not ban all political symbols. Selectively banning just black armbands is unconstitutional. Reasonable limits must be placed on freedom of expression. School is not the appropriate place for a political demonstration. The ban was placed on armbands to avoid disruption of school discipline The orderly atmosphere of a classroom is entitled to constitutional protection.

Tinker v. Des Moines Who do you all think the court should rule in favor of?

The court ruled with in favor of the… TINKERS Majority Opinion The court ruled with in favor of the… TINKERS

Symbolic Speech Expression by conduct Supreme court upheld the arrest and conviction of three men who burned their draft cards to protest the Vietnam War.

Texas v. Johnson Background: During the 1984 Republican National Convention, Gregory Johnson set an American flag on fire, as a way to protest the build up of nuclear weapons. Do you think this is symbolic speech protected by the 1st Amendment? Why or Why not?

Texas v. Johnson This case actually caused all 3 branches of government to become involved. The supreme court ruled in favor of Johnson, declaring the Texas law prohibiting flag desecration unconstitutional. Congress became involved by attempting to create an amendment, to protect the flag of the United States

Texas v. Johnson The president also became involved by supporting the Amendment, and voicing his opinion regarding an Art exhibit called “What Is the Proper Way to Display the United States Flag?”

Freedom of Religion Establishment clause: The part of the 1st Amendment that prohibits the establishment of a national religion Free Exercise Clause: The part of the 1st Amendment that states that congress may not make laws restricting or prohibiting a person’s religious practices.

Engle v. Vitale (1962) The court banned the use of a prayer written by the New York State Board of Regents. It read, “Almighty god, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country.”

Lee v. Weisman (1962) The court decided that prayer could not be offered as part of a gradation ceremony of a Rhode Island public school

Three Amish students stopped attending school after the 8th grade. Wisconsin v. Yoder Background: Three Amish students stopped attending school after the 8th grade.

Wisconsin v. Yoder Students should attend school through the age of 16 Necessary for people to participate effectively in US. Based on religious beliefs students should not have to attend school past 8th grade Attending school any further could endanger their salvation.

How would you have voted in this case? Wisconsin v. Yoder How would you have voted in this case?

The court ruled in favor of… Yoder Wisconsin v. Yoder The court ruled in favor of… Yoder