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Published byHubert Jenkins Modified over 9 years ago
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The First Amendment Our most basic freedoms/rights
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Freedom of Religion “ a wall of separation b/t Church and State ” Freedom of religion is guaranteed in two clauses: The Establishment Clause The Free Exercise Cause
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Religion in Schools Prayer in Schools Lee v Weisman-1992 unconstitutional to pray before RI graduation. Unconstitutional to display the Ten Commandments Evolution v. Creation Unconstitutional to ban the teaching of Evolution Gov ’ t is not responsible to protect Church from views it disagrees with. The Lemon Test
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Practicing Religion S.C. upheld Jehovah's Witness right not to salute the flag Violated Idolatry commandment Limits to how far you can practice your religion. Religion cannot supersede laws of society. Polygamists-Tom A Green (April 2001)
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Freedom of Speech The Preferred Doctrine Pure Speech Most common form Speech Plus Involves Action Symbolic Speech Actions or symbols instead of words
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Limits on Freedom of Speech Speech must be balanced to protect society “ Clear and Present Danger ” The Bad Tendency Doctrine Non Protected Speech Seditious Speech Defamatory Speech “ Fighting Words ” Student speech
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Freedom of Assembly “ it is the right of the people to peacefully assemble and petition the gov ’ t ” Limits on Assembling Permits required before assembling Greater likelihood that it will interfere with the rights of others Greater potential for violence
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Freedom of the Press Forbids Prior Restraint Free Press issues Radio & TV do not enjoy same freedoms Airwaves are public Anything obscene cannot be broadcast The public ’ s right outweighs the broadcaster ’ s
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