1. 1 st Amendment Freedoms of Expression, Association, and Press Mr. Calella Constitutional Law Unit 2 (Chapter 9 of eBook)

2. The 1 st Amendment “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 peaceably to assemble, and to petition the Government for a redress of grievances.”

3. Check on the Government Parts about religion will be addressed next unit Freedoms of speech, press, assemble, and petition? 1 st Amendment provides methods for individuals to interact with and to regulate governmental activity Examples from history?

4. Historical Examples 1950s, NAACP efforts to end school segregation 1960s, MLK’s public speeches and rallies persuaded Congress to draft laws banning discrimination 1970s, Woodward and Bernstein’s articles in the Washington Post about the Watergate Scandal forced President Nixon to resign 2002, voters in CA petition to remove Gov. Gray Davis from office, and he is replaced by Arnold Schwarzenegger

5. Marketplace of Ideas 1 st Amendment fosters a “marketplace of ideas” People may sell, purchase, and evaluate different concepts, thereby allowing individuals to check one another Individuals compete with one another for the attention of others in an open market It promotes balance and allows different views to be heard and then considered

6. Creativity & Release The 1 st Amendment is an outlet for personal thoughts and creativity without government censorship Works of art It also provides a release of emotions and ideas, as long as it is done peacefully How is a closed society such as North Korea different? All opinions are afforded protection, even the unpopular ones (neo-Nazis, KKK, West Baptist Church members) Release of innermost thoughts/ideas to prevent actions that may harm, so can the government punish you for having “bad” thoughts? Read Aloud pages 338-339

7. Application 1 st Amendment is not absolute; so how is it limited? (questions of human health/safety, reputation, or national security) What is speech? (emails, images, art, music, etc.) The Supreme Court has interpreted it to apply to other levels of government It applies to state governments as per the 14 th Amendment Incorporation of the freedoms in the 1 st Amendment Conduct is also protected, but as much as actual speech

8. Philosophical Chairs Debate Should U.S. citizens be allowed to burn the American flag?

9. Marking the Text Done in Law School (textbooks) Number the paragraphs As you read, identify and label the various sections of the Court’s opinion: Facts Issues facing the Court Rules the Court will use Court’s legal reasoning Court’s conclusion/ruling Concurring Opinion Dissenting Opinion

10. A Few Paragraphs “ Do you agree with the majority, concurring or dissenting opinion? Explain. Make sure you quote lines from the case to support your position (cite using the paragraph numbers). ”

11. Socratic Seminar Move desks in a circle and have your marked up case and written reflection in front of you This is not a debate! EVERYONE MUST SPEAK AT LEAST ONCE! Just speak your mind and quote/cite parts of the Court’s text to support your position (use paragraph numbers when using quotes from the text)

12. First Amendment and Schools This section can be used to aide you in preparing for the Moot Court activity

13. Thoughts? What are your thoughts on the First Amendment as it is currently being applied in the school setting? Can you think of any examples that you witnessed or have first hand experience with? Let’s discuss

14. Chaplinsky v. N.H. (1942)

15. Not a school case; “fighting words” case “[I]nsulting or ' fighting words,' those that by their very utterance inflict injury or tend to incite an immediate breach of peace are among the "well-defined and narrowly limited classes of speech the prevention and punishment of [which] … have never been thought to raise any constitutional problem.” These words are unprotected speech, along with any words that are lewd, profane, obscene or slanderous The Court declared that they lack “social value”

16. Tinker v. Des Moines (1969)

17. Black armband case in school; Vietnam war protest "It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” The Court held that for school officials to justify censoring speech, they "must be able to show that [their] action was caused by something more than a mere desire to avoid the discomfort and unpleasantness that always accompany an unpopular viewpoint," allowing schools to forbid conduct that would "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school."

18. Bethel School District v. Fraiser (1986)

19. School speech with sexual innuendo "[T]he process of educating our youth for citizenship in public schools is not confined to books, the curriculum, and the civics class; schools must teach by example the shared values of a civilized social order.” Under the Fraser standard, school officials look not merely to the reasonable risk of disruption—the Tinker standard—but would also balance the freedom of a student's speech rights against the school's interest in teaching students the boundaries of socially appropriate behavior. Schools have discretion to curtail not only obscene speech, but speech that is vulgar, lewd, indecent, or plainly offensive.

20. Hazelwood v. Kuhlmeier (1998)

21. School newspaper case A school need not tolerate student speech that is inconsistent with its basic educational mission, even though the government could not censor similar speech outside the school.... (Judicial action to protect students' rights is justified) only when the decision to censor a school-sponsored publication, theatrical production or other vehicle of student expression has no valid educational purpose.

22. Closing Thought Have your opinions changed now that you have a better understanding of the law? Why or why not? If so, how?