1 st Amendment Rights

History of the Bill of Rights Constitution was ratified without the Bill of Rights (1789) Amendments were added These amendments guaranteed certain freedoms and rights

First Amendment 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.

GRASP G – Grievance (petition) R – Religion A - Assemble S – Speech P - Press

Grievance (petition) Citizens can ask for changes in the gov’t They can call or write letters to elected representatives, collect and present signatures, or join others to form groups that will have a greater influence on the gov’t than a single individual could.

Religion Gov’t cannot establish an official religion Citizens have freedom to attend a church, synagogue, temple, or mosque of their choice, or not to attend at all.

Establishment Clause Gov’t cannot establish, cannot endorse, cannot favor one religion over another

Free Exercise Clause Government cannot prevent you from practicing a religion you choose, provided it does not violate laws.

Thomas Jefferson 1 st Amendment built “a wall of separation between church and state”

Separationists v Accommodationists Separationists agree with TJ – private religion should remain private Accommodationists – state can accommodate religion as long as it shows no preference Prayer in school ok Public aid to PAROCHIAL schools ok Posting 10 Commandments ok

Lemon Test -Secular intent (non religious) -Effect that neither advances nor Inhibits religion -No excessive entanglement

Assembly People can come together in public and private gatherings. They can join groups for political, religious, social, or recreational purposes By organizing, people can spread their ideas more effectively

Speech

The First Amendment keeps the gov’t from making laws that might stop us from saying what we think. People have the right to criticize the gov’t and share their opinions with others.

Libel v Slander Libel – false, malicious use of written speech Slander – false, malicious use of spoken word.

What is symbolic speech?

Statements made nonverbally through actions or objects Art uses images instead of spoken words

Symbolic Speech Court Cases: Tinker v Des Moines Texas v Johnson Frederick v Morse

Tinker v Des Moines

Tinker siblings were going to wear black armbands to school protesting the Vietnam War School found out, said if they came to school with them on, they would be suspended Tinker siblings came to school, were suspended, and took the case to the S.C

Court sided with Tinker “Students do not shed their constitutional rights when they enter the school house gates.” School needed to prove that wearing the armbands would have significantly disrupted the educational process This case is an important precedent

Texas v Johnson

Johnson was protesting the Reagan administration and burned the American flag. He was convicted under state statute and appealed his conviction to the S.C. Court ruled in favor of Johnson

In response to that, the gov’t passed the Flag Protection Act Eichman v United States – found that law to be unconstitutional You can burn a flag in political protest

Frederick v Morse

Press

The gov’t cannot completely control what is printed in newspapers and books, broadcast on radio and television, or offered online.