The First Amendment Our most basic freedoms/rights.

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Presentation transcript:

The First Amendment Our most basic freedoms/rights

Freedom of Religion  “ a wall of separation b/t Church and State ”  Freedom of religion is guaranteed in two clauses: The Establishment Clause The Free Exercise Cause

Religion in Schools  Prayer in Schools  Lee v Weisman-1992 unconstitutional to pray before RI graduation.  Unconstitutional to display the Ten Commandments  Evolution v. Creation  Unconstitutional to ban the teaching of Evolution Gov ’ t is not responsible to protect Church from views it disagrees with.  The Lemon Test

Practicing Religion  S.C. upheld Jehovah's Witness right not to salute the flag Violated Idolatry commandment  Limits to how far you can practice your religion.  Religion cannot supersede laws of society. Polygamists-Tom A Green (April 2001)

Freedom of Speech  The Preferred Doctrine  Pure Speech Most common form  Speech Plus Involves Action  Symbolic Speech Actions or symbols instead of words

Limits on Freedom of Speech  Speech must be balanced to protect society  “ Clear and Present Danger ”  The Bad Tendency Doctrine  Non Protected Speech Seditious Speech Defamatory Speech “ Fighting Words ” Student speech

Freedom of Assembly  “ it is the right of the people to peacefully assemble and petition the gov ’ t ”  Limits on Assembling Permits required before assembling Greater likelihood that it will interfere with the rights of others Greater potential for violence

Freedom of the Press  Forbids Prior Restraint  Free Press issues Radio & TV do not enjoy same freedoms  Airwaves are public  Anything obscene cannot be broadcast  The public ’ s right outweighs the broadcaster ’ s