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The First Amendment to the US Constitution - A Guide to Understanding these Fabulous Five Freedoms - Do you know the five freedoms, protections or rights guaranteed in the First Amendment?
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First Amendment states: 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.
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When and Why It was Added The Bill of Rights (Amendments 1-10) was ratified by the State of Virginia Dec. 15, 1791. These Amendments protect citizens (and non- citizens sometimes) from the power of the Federal government. The First Amendment specifically addresses the freedoms of worship, speaking, publishing, petitioning the gov.t, and forming groups or gatherings. Thomas Jefferson and James Madison were huge supporters/advocates/lobbyists for these civil liberties or civil rights.
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The Establishment Clause “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;” In the words of Thomas Jefferson this means there’s, “a wall of separation between church and state.” Conflicts arise over the separation issue - What type of wall should there be? Religions thrive in America! - not taxed, diversity valued School prayer, teaching evolution/creationism, and school vouchers are some student-related issues with First Amendment
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Freedom of Speech and Press Words Matter ! – Consequences for communication (Are these good or bad?) You are guaranteed the right to express yourself in spoken word, written word, and other means. This is essential for a democratic society to discuss, debate, and freely exchange ideas. Protects unpopular views. - We’re all equal under the law! Some forms of expression are not protected under the Constitution. – Next slide please >
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Limits on Free Speech Libel: false and malicious use of printed words Slander: false, negative, or damaging spoken word. What is considered obscene? (What is inappropriate for the general public?) see page 500 in textbook Censorship is controversial, changes with time - Occurs in movies, books, radio, television, the press, schools Symbolic speech: communication through conduct (Ex: facial expression, wearing an arm band, carrying a sign) is protected if peaceful. - Dissent is good for rabble-rousers, bad for people who have something to loose.
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Freedom of Assembly and Petition The right to gather or form a group to express views on political matters. - Examples: political parties, interest groups, labor unions Protects people’s right to bring their views to the attention of the public (leaders and citizens). - Ex: petitions, letters, advertisements, lobbying, parades, marches, other demonstrations. Constitution does not give people the right to incite others violently, block a public street, close a school, or endanger life, property or public order.
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First Amendment Impacts US Today Religion, Speech, Expression, Group Association, Citizen Dissent stir up emotions and continue to be controversial today and some of these issues will never go away. (see handout) Individual Rights and Limited Government are the most important democratic principles found in the First Amendment Our rights and freedoms are not absolute, they are relative. - “All persons have the right to do as they please as long as they do not infringe on the rights of others.” page 456
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Bibliography Buchanan, Brian J. (managing web editor) http://www.firstamendmentcenter.org/, Vanderbilt University: Nashville, TN. last update December 3, 2007. http://www.firstamendmentcenter.org/ McClenaghan, William A. Magruder’s American Government. 75 th Anniversary Edition. Prentice Hall: Needham, MA. 1992.
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Pick an Issue Let’s have a debate…
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