1. RVCS American Government
The First Amendment
RVCS American Government

2. The First Amendment (Original Source)
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. The First Amendment (Original Source)
[1] Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; [2] or abridging the freedom of speech, [3] or of the press; [4] or the right of the people peaceably to assemble, [5] and to petition the government for a redress of grievances.

4. Part 1: Freedom of Religion

5. Religious Freedom
Clause 1: “Congress shall make no laws respecting an establishment of religion…”
The key principle = The federal government will not create a state-sponsored church/religion. (the word “respect” originally meant “prefer”)
Clause 2: “or prohibiting the free exercise thereof.”
The key principle = The federal government will not make laws that hinder a citizen to practice his/her religion.

6. “Separation of Church and State”
[From Thomas Jefferson to the Danbury Baptist Association] “Believing with you that religion is a matter which lies solely between man and his God,” the First Amendment, which was affirmed by “the whole American people,” was for “building a wall of separation between church and State.”

7. “Separation of Church and State”
Clarification—The phrase “Separation of Church and State” is not in the U.S. Constitution. This was merely a commentary by Thomas Jefferson on the 1st Amendment.
1st Amendment’s Original Intention—The State (government) will stay out of the affairs of local churches, and likewise, local churches will not be able to dominate other churches or individual citizens.
Secular Reinterpretation—Religion has no place in public affairs.

8. Case Studies (Video)
[Video]

9. Town Hall Video (NON TOPIC)

10. Part 2: Freedom of Speech

11. Basics of Free Speech Every American wants the right to speak freely
But….
Some Americans want to deny others their right to speak freely if they disagree with their views
Ex. Religion (or Irreligion), War, Politics

12. Courts Distinguish Different Types of Speech
1- Verbal (words/text)
2- Non-verbal (symbols, but not words)

13. Pure Speech
Definition—Verbal expression of thought or opinion before an audience that has chosen to listen.
Examples—Dinner table, church, political gatherings, etc.

14. Symbolic Speech
Definition—Using actions or symbols, with or without words, to express opinions.
Ex: Burning US flags to protest Vietnam War
Restrictions:
Courts have ruled that the 1st Amendment does not permit actions that threaten public safety

15. Tinker v. Des Moines (1969)
Students wore black arm bands to protest the Vietnam War.
The students were suspended from school for violating the school’s dress code.
Their parents sued the school district!
The Tinkers claimed suspension violated their first amendment right to Free Speech.
What do you think? Can the school district tell kids what they can and can not wear?

16. The Verdict
Tinker v. Des Moines (1969)-The Supreme Court ruled that students could wear black armbands in protest of Vietnam war.
What type of speech is this case?

17. Regulating Speech
Rights Of
Free Speech
Need To
Protect Society

18. The Supreme Court’s Decisions—Based on 3 Views

19. View 1: The “Clear and Present Danger” Issue
“Clear and Present Danger”- if speech presents an immediate danger it is not protected by the 1st amendment
Ex. Public Safety Issue- Terrorist Threat

20. View 2: The “Bad Tendency Doctrine”
Definition—This belief advocates that if speech might lead to illegal action, it should be prohibited.
Q: What do supporters of this view consider more important, maintaining social order or protecting basic freedoms?
A: Maintaining Social Order

21. View 3: The “Preferred Position Doctrine”
Definition--1st Amendment freedoms are more fundamental than any other freedoms.
So… if a law prohibits freedoms it must be absolutely necessary or it is unconstitutional

22. Types of Speech Not Always Protected
1. Defamatory Speech- false speech that damages a person’s good name, character, or reputation
Two Types
Slander- Spoken
Libel- written

23. Types of Speech Not Always Protected
2. “Fighting Words”- insulting words that provoke immediate violence
“any offensive, derisive, or annoying word to any other person who is lawfully in any street or public place”

24. Types of Speech Not Always Protected
3. Student Speech- profane and indecent speech on school property or at school events is subject to suspension [Public Schools]
The same speech is
protected outside school

25. Student Speech
Tinker v. Des Moines- ruled that students do not give up all their freedoms in school
Bethel School District v. Fraser (1986)- ruled that school officials can decide what manner of speech is appropriate in public schools
Court established a distinction between
Student’s personal expression
Speech appropriate in school

26. Part 3: Freedom of the Press

27. Freedom of the Press
[The UN’s “Universal Declaration of Human Rights”] “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference, and impart information and ideas through any media regardless of frontiers.”
The Press—This includes freelance journalists, newspapers, television reports, bloggers, and any other form of media that communicates news and/or information.
Legal Problems—The press is not free to plagiarize other sources (they must give the due credit). It is also tricky to distinguish between libel and mere criticism. Usually, “malicious intent” needs to be proven.

28. Case Study Peyton Manning & Al Jazeera
[Video, start at 1 min]

29. Part 4: Freedom of Assembly

30. Freedom of Assembly
Protests—The most common manifestation of this freedom is seen in public protests.
Major Challenge—How can we distinguish between a peaceful assembly and a “disturbance of the peace”?
Clarification—Citizens do not have the right to assemble on “private” property. But they can on “public” property.

31. Part 5: Freedom to Petition the Government

32. Petition
Old Origins—This particular freedom goes all the way back to the Magna Carta.
Petition—This word means to file a complaint, and to appeal a particular issue.

33. “Good Night and Good Luck”
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