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1 -What are the five basic freedoms that are listed in the 1st Amendment? -Then write a small paragraph about a memorable moment where you expressed one.

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Presentation on theme: "1 -What are the five basic freedoms that are listed in the 1st Amendment? -Then write a small paragraph about a memorable moment where you expressed one."— Presentation transcript:

1 1 -What are the five basic freedoms that are listed in the 1st Amendment? -Then write a small paragraph about a memorable moment where you expressed one of these rights, or one of these rights was denied to you.

2 2 First Amendment Rights The Five Freedoms

3 3 1. What are civil liberties? The freedoms we have to think and act without government interference or fear of unfair treatment The freedoms we have to think and act without government interference or fear of unfair treatment

4 4 Know Your Rights! Can you name any of the specific rights guaranteed by the First Amendment? Can you name any of the specific rights guaranteed by the First Amendment? In the U.S. is it legal to burn the flag as a means of political protest? In the U.S. is it legal to burn the flag as a means of political protest? Can a public university censor a student newspaper? Can a public university censor a student newspaper?

5 5 Facts If you didn’t know the answers to the previous questions you are not alone! If you didn’t know the answers to the previous questions you are not alone! Only 17% of Americans could name all five freedoms guaranteed in the First Amendment. Only 17% of Americans could name all five freedoms guaranteed in the First Amendment. Only 25% of students knew it was legal to burn the flag in protest. Only 25% of students knew it was legal to burn the flag in protest. As far as censoring a student newspaper at a public university, it is against the law. As far as censoring a student newspaper at a public university, it is against the law.

6 6 Forty-Five Important Words The First 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 7 What five basic freedoms does the 1 st Amendment protect?

8 8

9 9 3. What does the 1 st amendment prohibit Congress from doing concerning religion? Congress cannot establish an official religion in the United States Congress cannot establish an official religion in the United States The Establishment Clause The Establishment Clause

10 No Official Church England had gone through 400 years of turmoil, switching between being Catholic and Protestant—back and forth a few times. Spanish Inquisition burned heretics.

11 Religious Freedom Many religions fled to America to seek freedom from persecution: The Pilgrims-Puritans, Quakers, Shakers, Mennonites...

12 Religious Freedom in American Colonies Could also be intolerant of other religions as well. Puritans Quaker missionaries and sympathizers were among those sentenced to have "H" for heretic branded on their cheeks. Some would have had ears lopped off, an amazingly frequent occurrence in Puritan Massachusetts, or holes bored through their heretical tongues. Eventually the more persistent of their number would be sentenced to leave Massachusetts or to be executed by hanging.

13 Religious Freedom

14 Establishment Clause Constitution writers wanted to avoid a state mandated religion—which one would it be anyway? Each area had different types of religions and sects

15 15 4. What else does it protect concerning religion? Guarantees Americans the right to practice their faith as they wish Guarantees Americans the right to practice their faith as they wish Free-Exercise Clause Free-Exercise Clause They may not favor one religion over another or treat people differently because of their personal beliefs They may not favor one religion over another or treat people differently because of their personal beliefs

16 16 Students & Religion It’s important to know your religious rights in school. 1. You are free to pray alone or in groups, as long as the activity is not disruptive and does not infringe upon the rights of others. 2. As long as it is not disruptive, disrespectful of the rights of other students, and does not pressure or coerce others, you can exercise your faith. 3. Schools cannot organize religious activities. This includes making students pray.

17 17 REMEMBER: The government cannot force you to believe in any religion. Everybody has the right to practice the faith they believe in, when and where they want to. You are all guaranteed the freedom of religion. The government cannot force you to believe in any religion. Everybody has the right to practice the faith they believe in, when and where they want to. You are all guaranteed the freedom of religion.

18 Separation of Church and State Phrase taken from letter written by Thomas Jefferson,

19 Limits on Free Exercise Clause Reynolds v. United States The first case to closely examine the scope of the Free Exercise Clause was Reynolds v. United States in 1879. Dealt with the prosecution of a polygamist under federal law the Court upheld the law and the government's prosecution.

20 Limits on Free Exercise Clause Oregon v. Smith 2 native Americans prosecuted for use of Peyote, an illegal drug. Oregon's ban on the possession of peyote is not a law specifically aimed at a physical act engaged in for a religious reason. Rather, it is a law that applies to everyone who might possess peyote, for whatever reason—a "neutral law of general applicability," in the Court's phrasing. The Court characterized Smith's and Black's argument as an attempt to use their religious motivation to use peyote in order to place themselves beyond the reach of Oregon's neutral, generally applicable ban on the possession of peyote. The Court held that the First Amendment's protection of the "free exercise" of religion does not allow a person to use a religious motivation as a reason not to obey such generally applicable laws. "To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself."

21 Snake Handling And these signs shall follow them that believe: In my name shall they cast out devils; they shall speak with new tongues. They shall take up serpents; and if they drink any deadly thing, it shall not hurt them; they shall lay hands on the sick, and they shall recover. (Mark 16:17-18)

22 Behold, I give unto you power to tread on serpents and scorpions, and over all the power of the enemy: and nothing shall by any means hurt you. (Luke 10:19)

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24 http://www.youtube.com/watch?v=qam6whA sSzI&feature=related

25 Other exceptions on FEC In 1940, the Supreme Court would decide in Minersville School District v. Gobitis that members of the Jehovah's Witnesses in a school could be required to salute the flag. The ruling in Gobitis, however, did not stand for long. In 1943, West Virginia State Board of Education v. Barnette, the Supreme Court essentially reversed its previous opinion.

26 Can I create a religion that performs human sacrifice? Smokes Marijuana to be closer to God? Marry more than one wife? Believes that all energy is made up of Thetans?

27 Freedom of Religion To Sum it Up: Basically, the Supreme Court has said that you can “Believe” anything you want, your “actions” however are limited by law.

28 28 Freedom of Speech Free speech is the liberty to speak and express one’s opinions. It is the right to express ideas, information, opinions, etc. with very limited government restrictions. Free speech is the liberty to speak and express one’s opinions. It is the right to express ideas, information, opinions, etc. with very limited government restrictions.

29 29 5. What types of communication are protected under freedom of speech? Face to face Face to face Internet communication Internet communication Art Art Music Music Clothing Clothing

30 30 Free speech includes the right to criticize public officials, politicians, religious leaders, and public and corporate policies. Without this right a democratic nation could not survive. Free speech includes the right to criticize public officials, politicians, religious leaders, and public and corporate policies. Without this right a democratic nation could not survive.

31 31 "I disapprove of what you say, but I will defend to the death your right to say it". Commonly attributed to Voltaire "I disapprove of what you say, but I will defend to the death your right to say it". Commonly attributed to VoltaireVoltaire

32 32 Freedom of the Press 6. What does press and media include? 6. What does press and media include? Books Books Newspapers Newspapers Magazines Magazines Radio Radio Television Television Internet Internet

33 33 7. How does freedom of press limit the government? The government cannot practice censorship. The government cannot practice censorship. It cannot ban printed materials or films merely because they contain alarming or offensive ideas It cannot ban printed materials or films merely because they contain alarming or offensive ideas

34 34 The press is often called “the fourth branch of government.” It helps to keep the other three branches in check. The press is often called “the fourth branch of government.” It helps to keep the other three branches in check. Without a free press, this would not be possible, and the democratic conditions which we are used to, and enjoy in the United States, would not exist. Without a free press, this would not be possible, and the democratic conditions which we are used to, and enjoy in the United States, would not exist.

35 35 8. What rights are covered by the freedom of assembly? Protects our right to gather in groups for any reason, so long as the assemblies are peaceful. Protects our right to gather in groups for any reason, so long as the assemblies are peaceful. They can make rules about when and where, but cannot ban them. They can make rules about when and where, but cannot ban them. We also have the right to form and join social clubs, political parties, and labor unions. We also have the right to form and join social clubs, political parties, and labor unions.

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37 37 Life without Freedom of Assembly People would not be allowed to peacefully gather in large groups without permission People would not be allowed to peacefully gather in large groups without permission It would be harder to protest opinions and use the other freedoms guaranteed in the first amendment It would be harder to protest opinions and use the other freedoms guaranteed in the first amendment

38 38 9. What does freedom of petition allow the citizens to do? The right to express one’s idea to the government. The right to express one’s idea to the government. Petition = formal document Petition = formal document

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40 40 Life Without Freedom of Petition People could be penalized for political views and beliefs. People could be penalized for political views and beliefs. People would be unable to communicate with their senators and congressmen People would be unable to communicate with their senators and congressmen

41 41 Harry S. Truman, 1950 “In a free country we punish men for crimes they commit but never for the opinions they have.” “In a free country we punish men for crimes they commit but never for the opinions they have.”

42 42 10. Name some of the limits to freedom of speech. Do not have the freedom to provoke a riot Do not have the freedom to provoke a riot Cannot speak or write in a way that leads immediately to criminal activities or efforts to overthrow the government by force Cannot speak or write in a way that leads immediately to criminal activities or efforts to overthrow the government by force May not spread lies that harm a person’s reputation May not spread lies that harm a person’s reputation May not interfere with the rights of others May not interfere with the rights of others

43 43 11. What are the two ways someone can spread lies about someone else? Slander = spreading spoken lies Slander = spreading spoken lies Libel = printed lies Libel = printed lies

44 44 12. Although we have many individual freedoms, whose rights come first? The rights of the community The rights of the community Otherwise, the society would break apart Otherwise, the society would break apart


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