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The First Amendment

The First Amendment. Allie Geller, Megan McClintock, Anna Robinson, Sarah Johnson, Cody Kinsey.

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The First Amendment

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  1. The First Amendment • Allie Geller, Megan McClintock, Anna Robinson, Sarah Johnson, Cody Kinsey

  2. “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.” • -U.S Constitution

  3. “The government is not allowed to establish a national religion, nor are they allowed to infringe on your ability to say what you want, print what you want, and assemble for a cause when you want.”

  4. Five Basic Freedoms • Freedom of Religion • Freedom of Speech • Freedom of Press • Freedom to Assembly • Freedom to Petition

  5. Thomas Jefferson said... • “A democracy cannot be both ignorant and free.”

  6. Religion • “The guarantee of freedom of religion is both a protection of religious thought and practice and a command of separation of church and state.” • -Textbook

  7. Religion • Establishment Clause • Made to prohibit- • Establishment of national national religion • Preference of one religion over another

  8. Religion • History of Establishment Clause • Drafted by Thomas Jefferson in 1777 • Passed in 1786 • Supports church + state separation • Addresses minority faiths

  9. County of Allegheny v.American Civil Liberties Union • Holiday displays on courthouse • Nativity creche and 18-ft Menorah • Constitutional concerns • Endorsement of Christianity and Judaism • Words on creche “Gloria in Excelsis Deo” • Ruled unconstitutional, removed

  10. Religion • Free Exercise Clause • Allows Americans to: • Practice any type of religion • Have an absence of one • No laws passed that interfere

  11. Religion in Schools • Conflict with free exercise in school • Students allowed to pray on own • School cannot interfere with student’s practice

  12. Rastafarianism Conflict • Conflicting views on marijuana use • 1991, Ben Guerrero arrested with possession • Argued this was exercising his religion • Courts determine they can have it • Cannot trade it

  13. Speech • “Congress shall make no law [...] abridging freedom of speech.” • Symbolic • Nonverbal • Pure • Written or spoken

  14. Speech • Two forms of defamation • Libel • Written • Slander • Spoken

  15. Symbolic Speech • Texas v. Johnson (1990) • Burning of American flag • Constitutional • No injuries/threat thereof • No serious disturbance

  16. Symbolic Speech • United States v. O’brien (1968) • Burnt draft cards • Unconstitutional • Disturbed government interests

  17. Pure Speech • West Virginia Board of Education v. Barnette (1943) • Right not to speak • Saluting the flag is not required • Constitutional

  18. Pure Speech • Bethel School District v. Fraser (1985) • Obscene speech at school • Unconstitutional • Vulgar/offensive language • Public schools protect students

  19. Press • “Congress can not make any laws prohibiting the free exercise of press.”

  20. New YorK Times VS. United States • Daniel Elisberg (Former Defense department) • “Pentagon papers” leaked to NY Times, 1971 • Government was concerned • Ruled in favor of NY Times • Executive Branch’s Responsibility • NY Times published documents

  21. Assembly • The right of people to assemble as groups and deliberate about public relations impacting society.

  22. Petition • “The right to petition is given to citizens and ensures that they can petition against anything without being censored by congress.”

  23. Gregory v. Chicago 1969 • Dick Gregory marches for integration in schools • Marchers harassed brutally • Police inactive, violence escalates • Marchers convicted of disorderly conduct • Violates constitutional rights, acquitted

  24. Works Cited • "Americans United." Prayer And The Public Schools. N.p., n.d. Web. 11 Sept. 2013. • "Christmas Tree Removed from Courthouse." The Orange County Register. N.p., n.d. Web. 10 Sept. 2013. • "Establishment Clause of the First Amendment." Wikipedia. Wikimedia Foundation, 21 Aug. 2013. Web. 10 Sept. 2013. • "The First Amendment in History." The History of the First Amendment. N.p., n.d. Web. 10 Sept. 2013. • "The Free Automatic Bibliography and Citation Generator." EasyBib. N.p., n.d. Web. 11 Sept. 2013. • "Free Exercise Clause." LII. N.p., n.d. Web. 11 Sept. 2013. • N.p., n.d. Web. • "Rastafarian Religion Marijuana RFRA Federal Court." Rastafarian Religion Marijuana RFRA Federal Court. N.p., n.d. Web. 11 Sept. 2013. • "Texas v. Johnson." Texas v. Johnson. Cornell, 21 Mar. 1989. Web. 12 Sept. 2013. • "United States v. O’Brien | Casebriefs." Casebriefs. N.p., n.d. Web. 11 Sept. 2013. • "United States v. O'Brien." United States v. O'Brien. Cornell, 24 Jan. 1968. Web. 11 Sept. 2013. • "WEST VIRGINIA STATE BOARD OF ED. v. BARNETTE." West Virginia State Board of Ed. v. Barnette. N.p., n.d. Web. 11 Sept. 2013. • "What Does Free Speech Mean?" USCOURTSGOV RSS. N.p., n.d. Web. 11 Sept. 2013.

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