Our Basic Rights *note: because you have a legal right to do (or not to do) something does not mean it is the right thing to do. I : 1 st Amendment-R.A.P.P.S., Freedom of religion, assembly, press, petition, and Speech a. Freedom of Religion: protected by two clauses in the 1 st amendment. 1. Establishment Clause-govt. not allowed to create state(national) religion, support a particular religion, or prefer one religion over another. *wall of separation of church and state 2. Free Exercise Clause- individuals are allowed to worship or believe whatever they want. *Beliefs v. Actions : okay to believe in sacrifice but not allowed to actually do it.

b. Freedom of assembly: Guaranteed the right to peaceably assemble in groups that we want to associate with. Limits: Local govts (City and state) can dictate where, when, and cite or fine groups for infractions if they damage public property or incite violence.

C: Freedom of Press I: Protects from govt. censorship of newspapers, magazines, books, TV, internet, etc. II Protects govt. from telling people what they can and can’t read/listen/ or watch. III: Prior Restraint: (material is censured before it is published) is considered unconstitutional in most case except. ◦ 1. Publication would cause certain, serious, or irreparable harm.  Ex: Pentagon Papers were not allowed to be blocked from publication. Courts found they would not cause harm to society. Newspapers can and did publicize them.  It embarrassed the Johnson administration but not the public at large.

D: Freedom of Petition (Expression) 1. Right to express personal views and publicly plead/ask/demand/ (petition) for change. ◦ Public Forum: place where it is generally acceptable to peaceably assemble to petition.  1. Public parks and street corners. II. Some places, such as schools, prisons, and military bases provide only a limited forum as long as “expression does not interfere with the purpose of the facility”

E: Freedom of Speech I: The right to express information and ideas (symbolic speech) II: Protects all forms of communication: ◦ 1. Speeches, books, arts, newspapers, television, radio, or even ideas that may be unpopular or different. ◦ 2. Also protects person receiving communication- allowed to see, hear, read, etc. what you want. ◦ Why important: Enables people to make their own decisions apart from the government (essential to democracy/ self-governance) ◦ People rather than the govt. establish the truth by being exposed to a diverse (wide range) of views.

III: Speech not fully protected Obscenity: nudity as offensive or lewd. Defamation: a false expression about someone that damages that persons reputation. A. slander: spoken lies B: libel written lies Commercial Speech: includes advertising Ex: Govt. can regulate so Tylenol can’t promote itself as a “cure-all” drug Fighting Words: words when spoken may insight a emotional or physical fight. Offensive Speaker: when audience does not agree with a speakers message. ◦ Clear and Present Danger test: “Yelling fire in a crowded theatre when there is not fire. ◦ Incitement test: Telling people to rise up and take out the govt.

III Limits on speech cont. Hate Speech: against a particular gender, race, sexual orientation etc.. Symbolic speech: conduct that expresses an idea: ◦ Ex: In Texas v. Johnson the burning a the American flag was defined as legal because it was “symbolic speech” ◦ Time, place, manner Restrictions: Govt. does have the right to regulate when, where, and how speech is done:  Ex: Klu Klux Klan march in Wash., DC is legal however they must follow when and where they can march.