Day 1
“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 to peaceably assemble, and to petition the government for a redress of grievances”
Freedom of Religion Freedom of the Press Freedom of Assembly Right to Petition
Freedom of Speech There are 3 types of speech: 1. Symbolic 2. Speech Plus Action 3. Pure Speech
Freedom of Speech Symbolic Speech: action that is meant to convey a message.
Freedom of Speech Speech Plus Action: form of expression in which behavior is used by itself or in coordination with written or spoken words to convey an idea or message.
Freedom of Speech Pure Speech: written and spoken words that are protected by the First Amendment, unless those words create a “clear and present danger” to society or if they constitute libel, slander, or obscenity
Freedom of Speech Slander: oral communication of false statements injurious to a person’s reputation. Sedition: arousing to action or rebellion.
Bill of Rights Day 2
Establishment Clause: “Congress shall make no law respecting an establishment of religion…” -The government cannot make any laws that would create a religious institution.
Free Exercise Clause: “…or prohibiting the free exercise thereof;” -The government cannot stop you from attending a religious service.
“Free Press” usually means: 1) Right to Publish 2) Right to Confidentiality 3) Right to Access 4) Right to Know (established by the Freedom of Information Act of 1966)
Libertarian Theory: the press is a partner in the search for truth and a free marketplace for ideas and opinions, devoid of government control.
Social Responsibility Theory: professional sense of obligation to see that all sides are fairly presented in objective journalism. Adds to or corrects for things that the Founding Fathers neglected to consider with freedom of the press.
Libel: a defamation of character that has occurred by publication of known falsehood. - Identifies a victim; more than one person must hear/see/read it; contain an actual element of fault or malice; must be proven to have actually harmed somebody.