The st 1 Amendment Just the basics 1

The st 1 Amendment Just the basics

1. What does it say about our first amendment rights that they are in the FIRST amendment rather than in a later amendment? • These are the most FUNDAMENTAL rights that all humans crave. • Our founding fathers wanted these, and never got them from England.

Freedom of Religion

History • Escape persecution from England • So that all forms of religion would stand equally

What IS protected • Establishment clause: prohibits the govt. from establishing a national church or religion (separation of church and state) • Free exercise clause: requires the govt. to allow people to practice religion freely w/ minimal interference

What is NOT protected • No public school prayer (led by staff) (Engel v. Vitale) • No Bible readings (led by staff) • No Ten Commandments posted

Court Cases • Epperson v. Arkansas: states may not outlaw the teaching of evolution in public schools • Cantwell v. Connecticut: states may not apply a license fee on Jehovah’s Witnesses who solicit door-to door…free exercise!

Freedom of Assembly

History • Exchange of ideas important to a free society • GROUPS bring about positive change in society (ended segregation, stopped wars, etc…)

What IS protected • Create a political party • Meet in a public place or in private • Must be peaceful, can’t harm others, follows local ordinances about safety

What is NOT protected • Groups cannot join anything they want, if it interferes with another group’s message (Hurley v. Irish American Gay, Lesbian, and Bisexual Group)-the local vets parade does not have to include this group in its parades.

Court Cases • US v. O’Brien (1968): “Time, place, and manner doctrine”. As long as people peaceably convene to picket, protest, or distribute fliers, a state may not punish • Nazi Party v. Skokie (1977): Nazi Party can march in a Jewish neighborhood

Freedom of Petition

History • Wanted a govt. that cared about their problems • Includes speech and press…usually not talked about too much today-because it WORKS so well

What IS protected • • • Lobbying (asking for something) Letter-writing Emails Filing lawsuits Peaceful protests

What is NOT protected • Govt. not required to respond to every letter, phone call, etc…

Court Cases • NAACP v. Button (1963): Civil Rights groups are allowed to protest conditions

Freedom of the Press

History • Important in a free society-we need to know the TRUTH

What IS protected • Govt. can’t force a paper to publish info against will • Cannot impose criminal penalties for publishing the truth about anything • Cannot be taxed unfairly

What is NOT protected • Libel (written lies) and slander (spoken lies)…are ILLEGAL! • But very hard to prove that it was done on purpose…it’s ok if it’s an accident! (Sorry Lindsay Lohan)

Court Cases • NY Times v. US govt. (1964): “Prior restraint” doctrine”. Can’t be told what not to publish. Can only get in trouble AFTER publishing something.

Freedom of Speech

History • • A huge part of American culture today This has gripped our society Necessary in a vibrant democracy! A means of participation

What IS protected • Hate groups ok • Burn a flag, burn a cross, be an advocate for anarchy, pornography, talk bad about people even if it’s false (if you think it’s true)….

What is NOT protected • Can’t yell, “FIRE” in a public place if it’s a lie • No act/words to incite action against the govt. • No slander • Can limit campaign contributions ($ as speech)

Court Cases • Gitlow v. New York (1925): Freedom of speech extends to states through the 14 th amendment

4. Why do you think there are so many court cases addressing the first amendment? • People care passionately about the 1 st amendment, and try to interpret it differently

Last thoughts… • Do you think that the first amendment is too strict, too generous, or just right?