1. Your 1st Amendment Rights
Chapter 5.3
Your 1st Amendment Rights

2. Freedom of Religion
Read only….Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof……
2 parts or clauses

3. Establishment Clause Guarantees separation of church & state
Nation CAN NOT create a national religion
Ban on state-sponsored prayer
Engel v Vitale 1962
Lemon v Kurtzman 1971

4. Free Exercise Clause
All people are free to follow the religion of their choice…or no religion at all.
Conflict between religion and law??
Law wins…………….

5. SC Decisions Reynolds v United States 1879
Minersville School District v Gobitis 1940
West Virginia State Board of Education v Barnette 1943

6. ????????
Prayer in school????

7. Freedom of Speech Expression Some exceptions Libel (written)
Slander (spoken)
(false statements with intent to harm)

8. 3 types
Pure speech
Speech plus
Symbolic speech

9. Texas v Johnson
“To protect all speech, some offensive speech must be allowed”
Trade off of a free society

10. Freedom of the Press Free speech includes media NO prior restraint
Must be true…..no libel

11. Freedom of Assembly “….the right of the people to peaceably assemble”
Some rules may apply…permits, activity limits
Can not be stopped because the topic is unpopular

12. UNLESS……. The assembly turns dangerous
Remember rules set for assemblies apply to all.

13. Right to Petition
….to petition the government for a redress of grievances…
Simply….ask the government to solve a problem…..

14. Ch. 5.4 Protections Against Abuses of Government Power
2nd , 3rd, & 4th = response to suppression of rights by British

15. 2nd Amendment The Right To Bear Arms
(Read only)….”The right of a well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed”

16. ?????? What does this mean????? Militia?? Role??
Wording suggests that the government can not take weapons…therefore weaken the militia.

17. BUT Interpretation……varied
Not incorporated….so most regulation in in the hands of the state and local governments.

18. 1934 First federal gun control law
Tax & background checks = limit sales
Registration for some weapons

19. Final Word?
Yes…..citizens CAN own a gun but Congress has the right to pass laws about gun control.
Controversy: support / oppose

20. 3rd Amendment Protection of privacy
Prohibits citizens from being forced to take soldiers into their homes during peacetime

21. 4th Amendment Privacy….again
“forbids unreasonable search and seizures”
Individuals
Property

22. Requires
Warrant
Probable Cause
Exceptions? Of course…..

23. Exceptions In School Criminal Evidence in Plain View
Suspect is trying to destroy evidence

24. SC Decisions
Katz v United States 1967
Terry v Ohio

25. 5.3 check
What are the 2 clauses in the 1st Amendment regarding religion?
What are the 3 types of speech?
Do you have unlimited freedom of the press?
What are the 2 restrictions?
Any restrictions on assembly?

26. Check 5.4 Can a citizen own a gun?
Who can make gun control laws? Congress? State government? Local Government?
What 2 things does law enforcement need regarding the 4th Amendment?