First Amendment Freedoms First Amendment five fundamental freedoms

First Amendment Freedoms First Amendment five fundamental freedoms religion speech press assembly petition

First Amendment Freedoms • First Amendment forbids government from establishing official religion, and guarantees people’s right to “free exercise” of own religion

• Free Exercise Clause • Free exercise clause guarantees each person right to hold any religious beliefs they choose • Government cannot tell person what he/she must believe • However, religious practices can be limited in some cases

First Amendment Freedoms The Establishment Clause • Establishment clause declares that government cannot take actions to create official religion or support one religion over another. • Through incorporation doctrine, state governments face same prohibition

First Amendment Freedoms • 1962, Engel v. Vitale: Court said public school prayer violated establishment clause even though it was not based on specific religion • 1971, Lemon v. Kurtzman: established Lemon Test — Must have secular purpose — Major effects must neither advance nor inhibit religion — Must not encourage “excessive government entanglement with religion”

First Amendment Freedoms Freedom of Speech and of the Press Forbids Congress from making any law abridging freedom of speech or the press Government may place limits on these freedoms, especially when issues of national security are concerned.

Why Freedom of Speech and of the Press? • Open meeting laws require government to act in public • Freedom of Information Act: (FOIA) Government must release most documents to press, public on request • People must have access to full range of opinions, information • First Amendment exists especially to protect such ideas

Limits to protection Printed material judged obscene False advertising also outlawed May not knowingly harm another Defamation, false statements that harm another person not protected — Slander: spoken defamatory statement — Libel: defamation in print must demonstrate “actual malice” intent to harm

• Treason: crime of making war against United States or giving “aid and comfort” to its enemies • During wartime publishing information about location, tactics of American forces • Sedition: legal term for speech, actions that inspire revolt against government • Courts have upheld laws banning seditious speech

“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security. ” Jefferson – Declaration of Independence

The First Amendment and the Media • Radio, television broadcasters have fewer First Amendment protections than print • government regulates public airwaves • Certain language and content limited or prohibited • Cable systems do not use public airwaves, have greater freedom • Internet also less subject to government regulation

prior restraint: government action that seeks to prevent materials from being published • 1971, New York times Co. v. United States: President Richard Nixon tried to stop New York Times publication of Pentagon Papers, classified documents about Vietnam War policy

• symbolic speech: communication of ideas through symbols, actions • 1969, Tinker v. Des Moines Independent Community School District: Supreme Court ruled Iowa school could not prevent students from wearing black armbands as Vietnam War protest

Freedoms of Assembly and Petition -People have right to meet together, express views peacefully -People have right to petitions -Designed to force government to consider issue, allow vote 1963, Edwards v. South Carolina: students denied right to assemble, petition for redress of grievances; if assembly is peaceful, cannot be stopped simply because bystanders ARE disorderly

Limits on Assembly and Petition • cannot limit right of assembly, petition based on protesters’ points of view - Can limits assembly if protesters encourage violent acts

Limits on Assembly and Petition • Governments can place reasonable restrictions on time, manner, place of gatherings • Citizens can be required to obtain permit to hold demonstration

Freedom of Association • Freedom of association—the right to join with others, share ideas, work toward common purpose • Phrase does not appear in First Amendment