1. The First Amendment
An introduction & overview of freedom of religion and freedom of expression

2. The First Amendment Five rights mentioned Also referred to as
Freedom of Religion
Freedom of Speech
Freedom of the Press
Freedom of Assembly
Right to Petition the Government
Also referred to as
Freedom of Expression

3. Freedom of Religion The Establishment Clause The Free Exercise Clause
“Congress shall make no law respecting the establishment of religion.”
The Free Exercise Clause
Prohibits government from interfering with the practice of religion
Some religious practices may conflict with other rights, and then be denied or punished

4. Establishment clause-Government
CAN
Teach about religions in school
Allow voluntary prayer in many examples
Transport students to a religious school
Read Bible for culture or literacy content
CANNOT
Set a state religion
Government cannot order a prayer
Teach religious doctrine in the school
Pay seminary teachers
Teach creationism

5. Free Exercise—The person
CAN
Choose whatever religion
Lead a prayer in most examples
Ask questions about religions
Worship who ever you want
CANNOT
Break the law and claim it is religious belief
US v. Miller
Raise children without education
Deprave children of basic needs

6. Freedom of Expression Prior Restraint
Definition: A government preventing material from being published. Censorship.
May be permissible during wartime.
May be punished after something is published.

7. Freedom of Expression Free Speech and Public Order
Limited if it presents a “clear and present danger”
Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action
Limited if on private property, like a shopping center

8. Freedom of Expression Obscenity
No clear definition on what constitutes obscenity.
Miller v. California stated that materials were obscene if the work:
appeals “to a prurient interest in sex”
showed “patently offensive” sexual conduct
lacks “serious literary, artistic, political or scientific value”
Local areas make their own decisions on obscenity!

9. Freedom of Expression Libel and Slander
Libel: The publication of false or malicious statements that damage someone’s reputation.
Slander: The same thing, only spoken instead of printed.
Different standards for private individuals and public (politicians, celebrities) individuals
Difficult to prove

10. Freedom of Expression Symbolic Speech
Definition: Nonverbal communication, such as burning a flag or wearing an armband.
Generally protected along with verbal speech.

11. Freedom of Expression Commercial Speech
Definition: Communication in the form of advertising.
Generally the most restricted and regulated form of speech (FTC).
Regulation of the Public Airwaves
Broadcast stations must follow FCC rules.
Cable / satellite has blurred the lines.

12. Freedom of Expression Freedom of Assembly Right to Assemble
Generally permissible, but must meet reasonable local standards.
Balance between freedom to assemble and order in society.
Right to Associate
Freedom to join groups / associations without government interference.

13. Petition the government
You may sue the government for wrongs
You cannot be punished for exposing wrongs by the government
The courts decide the wrongs
Protected petition is usually in the form of peaceful protest.

14. First Amendment Wrap-up
Freedom of Religion is divided into
Establishment Clause
Government can not endorse one religion.
Free Exercise Clause
There is a difference between belief and action.
Freedom of Expression is grey area
Expression is a protected right, as so far as it does not violate the rights of others.
It can be limited in special circumstances & in special places.