1. The 1 st Amendment

2. Our Rights… Relative NOT Absolute Ex- Everyone has freedom of speech, but, no one has absolute 100% freedom of speech You have rights and freedoms as long as they do not take away other’s rights and freedoms 14 th Amendment- “Due Process Clause”, made the states guarantee rights to its citizens 1 st Amendment (5 Basic Freedoms) – Speech – Religion – Petition – Press – Assembly

3. Freedom of Religion 2 Guarantees – The government won’t set up any religion (The Establishment Clause) – The government won’t stop people from practicing their religion (The Free Exercise Clause)

4. Is it legal to give public finding ($$$) to private schools??? YES

5. The Lemon Test Private schools can receive public funds as long as its purpose passes the Lemon Test. 3 Parts: – The purpose of the aid must be Secular (educational) not religious – Its primary effect must not advance (or inhibit) religion – It must not cause “excessive entanglement” of government and religion

6. Does it Pass the Lemon Test??? Can private schools receive public funding to help pay for… – Teacher Salaries… No – Administering Standardized Tests… Yes – Adolescent Sex Ed Classes that teach abstinence and oppose abortion… Yes – An interpreter for a deaf student… Yes – Computers and other technology… Yes (as long as they are on loan and not used for religious purposes)

7. Landmark Supreme Court Cases Pierce v. Society of Sisters Everson v. Board of Education McCollum v. Board of Education Abington School District v. Schempp Murray v. Curlett Stone v. Graham Wallace v. Jaffree Lee v. Weisman Santa Fe School District v. Doe Westside Community Schools v. Mergens Good News Club v. Milford Central School Epperson v. Arkansas Edwards v. Aguillard

8. Freedom of Speech and Freedom of the Press 2 Guarantees – freedom to express yourself in the spoken and written word – Access to a variety of ideas on public affairs

9. Restrictions Libel- false written words Slander- false spoken words Obscene words/materials False advertising Words that create “clear and present danger” – “FIRE!” Words that prompt others to commit a crime Seditious Speech- words that attempt to overthrow government, must incite action

10. Freedom of Speech and the Press Prior Restraint- speech can’t be punished/censored until after its said – Does not apply in ALL circumstances for ex- pentagon papers in newspaper Shield Laws- laws protecting reporters from having to name their sources in court Symbolic Speech- saying something using symbols (armbands, pins, clothing, actions) – Includes workers picketing during a strike

11. Freedom of Assembly and Petition Assemble- gather together to express views on public matters… PEACEFULLY!!! – Ex- writing letters, advertisements, parades, marches, demonstrations, etc. Petition- collect names in support of a viewpoint

12. Regulations The government can make decisions concerning: – Time Ex- can’t protest near a school during school hours – Place (public spaces) Ex- can’t protest within 36 feet of an abortion clinic or make “unwanted speech” with a person within 100 feet of the clinic – Manner Ex- restriction of loud music or certain images Must be “content neutral”

13. Freedom of Assembly and Petition What about private property? (shopping malls, grocery stores, etc.) – On private property the right to assemble or petition must be granted by the owner. Freedom of Association- right to affiliate yourself with any groups you choose