1 st Amendment Freedoms and their limits Principles

1 st Amendment Freedoms and their limits Principles of the Bill of Rights Crash Course Jefferson

�Our freedom to think and act as we like without the fear of unfair treatment. Civil Liberties

What are the 5 freedoms in the 1 st Amendment?

�Speech �Religion �Press �Assembly �Petition What are the 5 freedoms in the 1 st Amendment?

�Anti-religious speech was often punished �Treasonous words were often punished �Vocal opposition to enslavement was prohibited in several American states �Laws against obscenity were enacted Freedom of Speech… a history

�Not all speech is protected �The Constitution does protect damaging speech, even speech we hate �Speech is protected unless it can be shown that the words are intended to produce immediate harm, and are likely to produce that harm Freedom of Speech

�A student in your math class is wearing a shirt that says “I hate the USA”. �Is this protected free speech? �Why/why not? An example…

�After school, your friend burns an American flag in his yard to protest the government’s actions in Afghanistan. �Is this protected free speech? �Why/why not? Another example…

�Art �Clothing �Blue hair �Flag burning �Facebook Expression as speech

�Settlers in Massachusetts, Connecticut, Rhode Island, Pennsylvania, and Maryland sought to escape religious oppression �Religious freedom was valued by many of the religious sects of the people to settle in the colonies �Many settlers came here to worship in their own ways �Writing the Bill of Rights, James Madison feared that Congress might appropriate money to pay clergy Freedom of Religion… a history

�“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” �“no man shall be compelled to frequent or support any religious worship… nor shall otherwise suffer on account of his religious opinions or beliefs. ” Thomas Jefferson The “Establishment Clause”

�The Supreme Court has said that a law helping religion is unconstitutional unless the legislation has a secular purpose, has a primarily secular effect, and does not entangle government with religion. Testing the Establishment Clause

�In the middle of class, your teacher begins telling you about the wonderful sermon she heard at church last week and tells everyone to attend this Sunday. �Is this protected? �Why/why not? An example…

� 1879 Supreme Court upheld a law forbidding plural marriage, or bigamy and upheld the conviction of a man who said that his church doctrine allowed him to take two or more wives � 1972 Supreme Court held that the Amish did not have to send children to school beyond the age of 14 because of their religious beliefs – although it was a violation of WI law “Free Exercise” of Religion

�Belief is protected, conduct is not �Religious conduct sometimes has less protection than belief “Free Exercise” of Religion

�We attach great importance to the news gathering business �The inclusion of “freedom of the press” in the 1 st Amendment highlights this freedom �People debate whether freedom of the press adds anything that “free speech” does not already include Freedom of the Press

�Slander: Spoken lies about someone that damages their reputation. �Libel: Written lies. Lies! All Lies!!!!

�The mayor of Elkhorn tells a reporter from the Milwaukee Journal Sentinel that he cannot report a story on the city’s contaminated water or the mayor will arrange to have him arrested and fired. �Is this allowed? �Why/why not? An example…

�Americans inherited from England a tradition honoring the right of people to petition for the redress of grievances against the government �The Supreme Court links the right of free speech with the right of free assembly Freedom of Assembly and Petition

�You and 150 of your closest friends hang out on a busy street corner in the city of Lake Geneva every Friday night in the summer �Is this allowed? �Why/why not? An example…

�Your neighbor (who shall remain nameless) recently wrote a letter to Senator Ron Johnson, threatening to kill all the plants in the senator’s garden if he doesn’t vote “yes” on an upcoming bill. �Is this allowed? �Why/why not? Another example…

�Rights to associate does not extend to protecting an association of bank robbers �Rights to assemble may at times clash with the interests of property owners, or with interests in traffic safety, or in the orderly use of streets, parks, and other public places Free Assembly

� Background In December 1965, John and Mary Beth Tinker and their friend Chris Eckhardt wore black armbands to school in Des Moines, Iowa, to protest the war in Vietnam. School officials told them to remove the armbands, and when they refused, they were suspended (John, 15, from North High; Mary Beth, 13, from Warren Harding Junior High; and Chris, 16, from Roosevelt High). With their parents, they sued the school district, claiming a violation of their First Amendment right of freedom of speech. Tinker v. Des Moines Independent School District (1969) Issue: Freedom of Speech at School Bottom Line: You Have the Right To Express Yourself—Up to a Point

� Ruling The Supreme Court sided with the students. Students and teachers don't "shed their constitutional rights to freedom of speech or expression at the schoolhouse gate, " the Court said. � The Court did not, however, grant students an unlimited right to self-expression. It said First Amendment guarantees must be balanced against a school's need to keep order: As long as an act of expression doesn't disrupt classwork or school activities or invade the rights of others, it's acceptable. Regarding the students in this case, "their deviation consisted only in wearing on their sleeve a band of black cloth, " the Court said. "They caused discussion outside of the classrooms, but no interference with work and no disorder. "

Impact In 1986, applying the "disruption test" from the Tinker case, the Supreme Court upheld the suspension of Matthew Fraser, a 17 year-old senior at Bethel High School in Tacoma, Washington, who gave a school speech containing sexual innuendos (Bethel School District v. Fraser). The Court said "it is a highly appropriate function of public school education to prohibit the use of vulgar and offensive terms in public discourse. " � Lower courts have relied on Tinker in rulings on school attire, allowing nose rings and dyed hair, for example, but disallowing a T-shirt displaying a Confederate flag. � In June, the Supreme Court weighed in on another student expression case, Frederick v. Morse, ruling that schools can limit student speech that seems to advocate illegal drug use. The case concerned Joseph Frederick, an 18 -year-old senior at Juneau. Douglas High School in Alaska, who was suspended in 2002 for holding a banner that said "Bong Hits 4 Jesus" while standing across the street from the school during the Olympic torch relay. �

� Background T. L. O. (Terry), a 14 -year-old freshman at Piscataway High School in New Jersey, was caught smoking in a school bathroom by a teacher. The principal questioned her and asked to see her purse. Inside was a pack of cigarettes, rolling papers, and a small amount of marijuana. The police were called and Terry admitted selling drugs at school. � Her case went to trial and she was found guilty of possession of marijuana and placed on probation. Terry appealed her conviction, claiming that the search of her purse violated her Fourth Amendment protection against "unreasonable searches and seizures. " New Jersey v. T. L. O. (1985) Issue: Privacy Rights at School Bottom Line: Your Belongings Can Be Searched, But Not Arbitrarily

� Ruling The Supreme Court ruled in favor of the school. Students have "legitimate expectations of privacy, " the Court said, but that must be balanced with the school's responsibility for "maintaining an environment in which learning can take place. " The initial search of Terry's purse for cigarettes was reasonable, the Court said, based on the teacher's report that she'd been smoking in the bathroom. The discovery of rolling papers near the cigarettes in her purse created a reasonable suspicion that she possessed marijuana, the Court said, which justified further exploration.

�Impact T. L. O. is the landmark case on search and seizure at school. Basically, school officials may search a student's property if they have a "reasonable suspicion" that a school rule has been broken, or a student has committed or is in the process of committing a crime. These are called "suspicion-based" searches. There also "suspicionless searches" in which everyone in a certain group is subject to a search at school.

�A public school student was suspended for giving a speech at a school assembly that included indecent content. Matthew Fraser was a high school student who gave a speech to nominate another student for a student government office. Approximately 600 other students voluntarily attended the assembly at which the speech was given. The speech included repeated use of an “elaborate, graphic, and explicit sexual metaphor, ” in reference to the other student. The speech caused his fellow students to yell and make obscene gestures. He later admitted using sexual innuendo in the speech and was suspended. He was also banned from speaking at graduation. The school had a standing policy against disruptive conduct. He sued the school for violating his right to free speech. Bethel School District v. Fraser, 1968

�Does suspension of a public school student for giving a lewd speech at a school assembly violate the 1 st. Amendment? The Quesiton

�The school did not violate the student’s rights. The 1 st. Amendment does not prevent a school district from disciplining a student for using speech that is lewd or indecent. It is the responsibility of the school to prohibit the use of vulgarity, and to teach students about the boundaries of appropriate behavior. The school district did not overstep its authority by punishing the student. The Decision