1. The First Amendment

2. Objectives The students will…
Analyze various limits on the first amendment by completing case studies of Engel v. Vitale, Hazelwood v. Kuhlmeier, Schenck v. US, Brandenburg v. Ohio, Texas v. Johnson, Reno v. ACLU, and Tinker v. Des Moines

3. What’s more important? Freedom or order? Liberty or security?
Social Contract theory?

4. Freedom vs. Security Does times of war change this?
1798-Alien and Sedition Acts
Illegal to criticize the president and government
1917- Espionage and Sedition Acts
A crime to utter false statements that could interfere with the military

5. Freedom vs. Security 1942- Executive Order 9066 2001- Patriot Act
Japanese Americans are imprisoned in camps
2001- Patriot Act
Allowed government extended authority over civil liberties in order to defend against terrorism

6. 1st 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

7. The Supreme Court What is judicial review?
The power of the court to rule on the constitutionality of a law
The SCOTUS has used this power over time to refine the meaning of the first amendment

8. Religion
Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.
Congress can’t make a religion and you’re free to practice(or not practice) any religion you want

9. Separation of Church and State?
Comes from Thomas Jefferson’s who said the 1st Amendment created a “wall of separation” between church and state
Does the 1st Amendment completely ban government-religion interaction?
Depends on who you ask

10. Lemon Test Lemon v. Kurtzman (1971)
No public money can be used to fund religious schools or programs
Test
Does the program being funded by state money have a religious, as opposed to secular purpose?
Does the program have as its principal effect the advancement of religion?
Does the program cause an excessive entanglement between church and state?

11. School Prayer Engel v. Vitale (1962) What about football games?
Santa Fe School District v. Doe (1999)
Students/teachers can’t pray over the loud speaker
“invocations”

12. Freedom of the Press Prior Restraint Near v. Minnesota (1931)
Government censorship that prevents communications from reaching the public in the first place
Near v. Minnesota (1931)
SCOTUS said that prior restraint is unconstitutional
NY Times v. U.S. (1971)
Nixon tried to stop the publication of the Pentagon Papers
SCOTUS said Nixon couldn’t do that

13. Prior Restraint and Newspapers
Hazelwood v. Kuhlmeier (1988)
Principal was proofing school newspaper
Claimed that two articles were inappropriate and forced students to remove them
Court said principal didn’t violate 1st Amendment because schools retain the right to refuse to sponsor speech that is "inconsistent with 'the shared values of a civilized social order.'"

14. Freedom of Speech
Congress shall make no law abridging the freedom of speech
Speech that isn’t protected…
Commercial Speech
False advertising is not protected
Libel
False written statements
Slander
False verbal statements
Obscenity
Fighting words
Speech, non-political in nature, that is likely to bring about public disorder

15. Is speech protected in times of war?
Schenck v. United States

16. Is incitement speech protected?
Brandenburg v. Ohio (1968)

17. Symbolic Speech Is speech limited to what we say?
Texas v. Johnson (1989)

18. Is obscene or indecent speech protected?
Reno v. ACLU (1997)

19. Freedom of Speech and Schools
Tinker v. Des Moines (1969)

20. Which is true about religious guarantees under the 1st amendment. (GC
Everyone must choose a faith.
Congress must choose a faith.
State mandated school prayer is constitutional.
People are free to worship or not to worship.
Which does the Supreme Court use to decide if state aid to religious schools amounts to an establishment of religion? (GC. 44)
The Lemon Test
The Free Exercise test
The triple standard
The Establishment standard

21. Engel v. Vitale (1962) addressed which First Amendment freedom. (GC
Speech
Religion
Press
Assembly
Which important Supreme Court Case limited speech when it contained a "clear and present danger", especially during war time? (GC. 15)
Texas v. Johnson (1989)
Schenck v. United States (1917)
Roe v Wade (1973)
New Jersey v. TLO (1985)

22. Which of the following is an example of symbolic speech, as defined in Texas v. Johnson (1989)? (GC. 15)
Shouting “fire” in a crowded theater
Burning the American flag as a form of protest.
An advertisement for an abortion clinic
Starting false rumors as a way to protest
This 1st Amendment Supreme Court case upheld that schools may censor speech (newspapers) if it goes against the educational mission of the school. (GC. 18)
New Jersey v. TLO (1985)
Korematsu v. United States (1944)
Hazelwood School District v. Kuhlmeier (1988)
Texas v. Johnson (1989)​

23. In Brandenburg v. Ohio (1969), the Supreme Court ruled that free speech is protected (GC. 15)
no matter what.
when it is political in nature and doesn’t advocate immediate violence or “imminent lawless action”.
when it contains “fighting words.”
when a company falsely advertises a products capabilities.
In Reno v. ACLU (1977) the Supreme Court struck down the Communications Decency Act for violating ______________________, due to its vague definition of “indecent.” (GC. 15)
The 1st Amendment
The 5th Amendment
The 6th Amendment
The 9th Amendment

24. What did the Supreme Court decide in Tinker v
What did the Supreme Court decide in Tinker v. Des Moines (1969) about student expression at school? (GC. 15)
All speech is protected by the 1st Amendment regardless of its impact on the school environment
Students have no 1st Amendment rights on school property
It is unlawful to protest our military during wartime.
Student expression is constitutional protected if it doesn’t overtly interfere with the school environment