First Amendment Project Austin K. & Raphael W. Wieland Academy

The First Amendment Today

The 45 words of the First Amendment haven't changed since their adoption in Yet they are called upon to help guide a society that is radically different from the one in which the Founding Fathers lived. In this century, the First Amendment has been stretched and reinterpreted as the government has become involved in nearly all spheres of expressive activity -- campaign financing, federal funding of the arts, and regulation of mass media, to name but a few. In the following slides I will show you some of the things that have shaped the first amendment into what it is today.

The Declaration of Independence

The United States Declaration of Independence is a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain were now independent states, and thus no longer a part of the British Empire. Written primarily by Thomas Jefferson, the Declaration is a formal explanation of why Congress had voted on July 2 to declare independence from Great Britain, more than a year after the outbreak of the American Revolutionary War. The birthday of the United States of America—Independence Day—is celebrated on July 4, the day the wording of the Declaration was approved by Congress.

The Constitution of the United States of America

The Constitution of the United States of America is the supreme law of the United States. It is the foundation and source of the legal authority underlying the existence of the United States of America and the federal government of the United States. It provides the framework for the organization of the United States government and for the relationship of the federal government to the states, to citizens, and to all people within the United States.

The First Amendment

The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. Originally, the First Amendment only applied to the Congress. However, in the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government

United States v. Cruikshank United States v. Cruikshank, 92 U.S. 542 (1876) was an important United States Supreme Court decision in United States constitutional law, one of the earliest to deal with the application of the Bill of Rights to state governments following the adoption of the Fourteenth Amendment.

Reynolds v. United States Reynolds v. United States, 98 U.S. 145 (1878), was a Supreme Court of the United States case that held that religious duty was not a suitable defense to a criminal indictment. George Reynolds was a member of The Church of Jesus Christ of Latter-day Saints, charged with bigamy under the Morrill Anti- Bigamy Act after marrying Amelia Jane Schofield while still married to Mary Ann Tuddenham in Utah Territory.

The Sedition Act of 1918 The Sedition Act of 1918 was an Act of the United States Congress signed into law by President Woodrow Wilson on May 16, It forbade the use of "disloyal, profane, scurrilous, or abusive language" about the United States government, its flag, or its armed forces or that caused others to view the American government or its institutions with contempt. The act also allowed the Postmaster General to refuse to deliver mail that met those same standards for punishable speech or opinion. It applied only to times "when the United States is in war."It was repealed on December 13, 1920.

Schenck v. United States Schenck v. United States, 249 U.S. 47 (1919), was a United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to free speech against the draft during World War I. Charles Schenck was the Secretary of the Socialist party and was responsible for printing, distributing, and mailing 15,000 leaflets to men eligible for the draft that advocated opposition to the draft. These leaflets contained statements such as; "Do not submit to intimidation", "Assert your rights", "If you do not assert and support your rights, you are helping to deny or disparage rights which it is the solemn duty of all citizens and residents of the United States to retain." Ultimately, the case served as the founding of the "clear and present danger" rule.

Scopes Trial The Scopes Trial—formally known as Scopes vs. The State of Tennessee and informally known as the Scopes Monkey Trial—was an American legal case that tested the Butler Act which made it unlawful to teach any thoughts on the origin of man other than the Biblical account of man’s origin. It was enacted as Tennessee Code Annotated Title 49 (Education) Section The law also prevented the teaching of the evolution of man from lower orders of animals in place of the Biblical account, in any Tennessee state-funded school and university.

West Virginia State Board of Education v. Barnette West Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943), is a decision by the Supreme Court of the United States that held that the Free Speech Clause of the First Amendment to the United States Constitution protected students from being forced to salute the American flag and say the Pledge of Allegiance in school.

New York Times Co. v. Sullivan New York Times Co. v. Sullivan, 376 U.S. 254 (1964),[1] was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the civil rights campaigns in the southern United States. It is one of the key decisions supporting the freedom of the press. The actual malice standard requires that the plaintiff in a defamation or libel case prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity. Because of the extremely high burden of proof on the plaintiff, and the difficulty in proving essentially what is inside a person's head, such cases—when they involve public figures—rarely prevail.

United States v. O'Brien United States v. O'Brien, 391 U.S. 367 (1968), was a decision by the Supreme Court of the United States, which ruled that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech. Though the Court recognized that O'Brien's conduct was expressive as a protest against the Vietnam War, it considered the law justified by a significant government interest that was unrelated to the suppression of speech and was tailored towards that end

Tinker v. Des Moines Independent Community School District Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969) was a decision by the United States Supreme Court that defined the constitutional rights of students in U.S. public schools. The Tinker test is still used by courts today to determine whether a school's disciplinary actions violate students' First Amendment rights

Texas v. Johnson Texas v. Johnson, 491 U.S. 397 (1989), was a landmark decision by the Supreme Court of the United States that invalidated prohibitions on desecrating the American flag in force in 48 of the 50 states. Justice William Brennan wrote for a five- justice majority in holding that the defendant's act of flag burning was protected speech under the First Amendment to the United States Constitution. Johnson was represented by attorneys David D. Cole and William Kunstler.

Beussink v. Woodland R-IV School District Beussink v. Woodland R-IV School district, 30 F. Supp. 2d 1175 (E.D. Mo. 1998) is an important case in United States law regarding the First Amendment and its application in public schools. It was decided in the United States District Court for the Eastern District of Missouri, Southeastern Division.

Morse v. Frederick Morse v. Frederick, 551 U.S. 393 (2007) was a school speech case in which the United States Supreme Court held that the First Amendment does not prevent educators from suppressing student speech, at a school-supervised event, that is reasonably viewed as promoting illegal drug use.

United States v. Stevens United States v. Stevens, 559 U.S. (2010) was a decision by the Supreme Court of the United States, which ruled that 18 U.S.C. § 48, a federal statute criminalizing the commercial production, sale, or possession of depictions of cruelty to animals, was an unconstitutional abridgment of the First Amendment right to freedom of speech.

And now….. On to the First Amendment in Our Community.

Congress shall make no law respecting the 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

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