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The First Amendment

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The First Amendment

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    1. The First Amendment R—religion A—assembly P—press P—petition S—speech

    2. Religion—Establishment Clause Congress (and the states) can make no law “respecting the establishment of religion.”

    3. Establishment Clause Meaning The government (or agents of the government) cannot endorse, encourage, or discourage religion in any way. Commonly called “separation of church and state,” but these words ARE NOT in the Constitution.

    4. Why all the controversy?? Blame the 10th Amendment and the vague language in the Constitution…

    8. Result for schools No school-sponsored… Prayer Religious classes that teach theology Scripture reading Moments of silence to substitute for prayer Students can… Pray on their own Initiate prayer outside of class time Read their Bibles Participate in religious clubs at schools

    9. Precedents Engel v. Vitale Wallace v. Jaffree

    10. Religion—Exercise Clause Congress cannot prohibit people from practicing their religion Limits—Cannot break the law

    11. Precedent West Virginia v. Barnette

    12. Assembly Right to protest against the government Limits—must be peaceful; government can require protestors to obtain a permit.

    15. Freedom of the Press Ensures your right to access information, including books, TV, radio, Internet, and all published materials. Complete government censorship is illegal Limits—cannot publish libelous material (lies published to intentionally harm someone’s reputation). Cannot publish information that is criminal (child pornography)

    16. Precedent NY Times v. United States Hazelwood v. Kuhlmeier

    18. Freedom to Petition Allows you to criticize the government without fear of legal trouble Allows you to sign petitions or write letters of complaint to government officials or the media Limit—cannot threaten the government or agents of the government

    20. Freedom of Speech Allows you to express yourself with words, art, clothing (sometimes called freedom of expression)

    21. Specifics on Free Speech & Expression Speech advocating unlawful conduct or imminent lawless action is NOT protected Brandenburg v. Ohio (1996)

    23. Specifics… Symbolic Expression IS protected Texas v. Johnson (1989) Tinker v. Des Moines (1969)

    25. Specifics… Student Expression CAN be limited in schools Bethel v. Fraser (1986) Hazelwood v. Kuhlmeier (1988)

    27. Specifics… “Time, Place, Manner Restrictions” ARE permitted as limits on free speech

    29. Specifics Fighting Words are NOT protected Chaplinsky v. New Hampshire (1942)

    31. Specifics… Obscene Expression is NOT protected BUT it is hard to define Key: there is a difference between “offensive” and legally “obscene” Miller v. California (1973)

    33. Specifics Defamatory Speech is NOT protected Officially called “slander” New York Times v. Sullivan (1964)

    35. Specifics… Commercial Speech can be limited and regulated Central Hudson Gas and Electric v. Public Service Commission of New York (1980)

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