Unit 6

The First Amendment

Government

R.A.S.P.P = 1st Amendment freedomsWhat do these letters stand for?

•Religion- What are your religious rights in America?

•Assembly- What groups gather together to accomplish goals?

•Speech- Can you say anything you want?

•Press- Can the government censor the news?

•Petition- Do we have the right to protest something we disagree with?

Civil Liberties—Basic individual rights and freedoms that are protected by the Constitution.

Are your civil liberties absolute? In other words,are there limits to your freedoms?

What can’t you say? (What will have negative consequences when you say it?)

What are some other “freedoms” that are not

absolute?

Freedom of Religion in the 1st Amendment• Christianity: (78.5%)

− Protestantism (51.3%) − Roman Catholicism

(23.9%) − Mormonism (1.7%) − Jehovah's Witnesses

(0.7%) − Orthodox Church (0.6%) − other Christian (0.3%)

• Unaffiliated, including atheist or agnostic (16.1%)

• Judaism (1.7%) • Buddhist (0.7%) • Islam (0.6%) • Hinduism (0.4%) • other (1.2%)

U.S Religious Affiliations

•Establishment Clause:“Congress shall make no lawrespecting the establishmentof religion.”

•Govt. may not establish an official religion, favor a particular religion, or favor religion in general.

•Free Exercise Clause:“Congress shall make no law prohibiting the free exercise of religion.”

•You are allowed to believe whatever you like, but this does not grant the right to “act” any way you like.

Religion in Public Schools

• McCollum v. Board of Education (1948)− Students are NOT allowed to take a

class about religion in public school—violates Establishment Clause.

− Parochial schools (private schools) don’t apply because they are not govt. funded.

• Engel v. Vitale (1962)− Officially sponsored prayer is NOT

allowed in school—it violates the Establishment Clause.

He referred to the First

Amendment to theUS Constitution as creating a

"wall of separation“

between church and state.

Thomas Jefferson

Quiz

1. What are the 5 protected liberties in the 1st Amendment? Hint: RASPP

2. Which clause of the 1st Amendment prohibits the government from favoring any particular religion?

3. Which clause of the 1st Amendment allows citizens to practice the religion of their choice?

4. Which Supreme Court decision determined that prayer in school is unconstitutional?

5. Does the current law allow for teachers to say a prayer with students before each class?

Symbolic and Hate Speech• Symbolic Speech- Expressing opinion through actions.

• Remember the Tinker Case?− The armbands were a form of symbolic speech?− What did the armbands symbolize?

• Flag Burning- Should people be allowed to burn a flag as a form of protest?

• Hate Speech- It is allowed, BUT not if the speech is considered “fighting words” or will lead to violence.

What the Supreme Court Said: Destroying a symbol does not affect what is symbolized. If a wedding ring is lost, this doesn’t mean that a marriage is ended. Destroying a symbol sends a message about a person’s attitudes towards, interpretation of, or beliefs about that symbol and what is represents. In other words, the Supreme Court struck down a Texas law making it illegal to burn a flag. We can burn the flag; we don’t have to like it.

Freedom of Speech & National Security

• Should you be able to say what you want?

• When is censorship necessary?

•Treason- aiding or comforting the enemy•Example- giving the enemy info about troop locations.

•Sedition- language that encourages people to rebel against lawful govt.•Schenck v. U.S.- He handed out fliers that encouraged people to avoid military service. Schenck was convicted of sedition.•Clear and Present Danger Test- If an action or word puts people or their rights in danger, it is illegal.

•Example- Yelling “FIRE” in a crowed movie theatre is not legal—people are put in danger.

Freedom of Speech & the Press

• Prior Restraint- Stopping people from expressing an opinion before it has been said or printed.− Newspapers have been restrained from printing certain

stories.

• Shield Laws- Some states allow reporters to keep their sources anonymous.− How can this promote freedoms of the press?− Answer: Sources will not be afraid to talk to reporters

about things the public has the right to know.

• Libel- WRITTEN statement made that is “knowingly false and made with malicious intent” in order to hurt the reputation of someone else.

• Slander- Same as libel, but something SAID.

Freedom of Speech & Censorship

• Obscenity- Something sexually indecent and highly offensive. WAIT! Who decides what is obscene?

• Miller v. California- Defined obscenity as− Indecency determined by “contemporary standards”− Shows sexual behavior that is illegal− lacks literary, artistic, political, or scientific value

• Movie Rating System: X, R, PG13, PG, G

• False Advertising- Must be a lie that can objectively be proven to be false and is said to mislead consumers.

Why aren’t explicit magazines and videos banned and taken off of store shelves?

Partner Project1. Get a partner.

2. Get a piece of computer paper and colored pencils or markers.

3. Make your own advertisement that is an example of false advertisement.

4. You may make an ad for an existing product or you may make up your own product.

5. Remember the difference between a truly false advertisement and one that makes a claim that is not meant to be taken literally or seriously.

6. Red Bull gives you wings is NOT an example of false advertising. It is understood to be a joke.

Freedom of Assembly & Petition

• We are free to assemble together and we are free to petition the govt. about complaints or requests.

• Skokie Illinois, 1978- Neo-Nazis formed a public march, which people wanted to stop. The group was allowed to march (with prior notification for safety reasons).

• Lloyd Corporation v. Tanner- A shopping mall was allowed to prohibit protesters on their property. Protests must occur in PUBLIC places.

Famous image of a man standing in front of tanks as a protest of war.This occurred in China at “Tiananmen Square”

QUIZ1. Under what circumstance may hate speech be

disallowed?

2. According to Supreme Court decisions, it is illegal to burn an American Flag on in protest. True or False

3. If I encourage someone to tear up their draft card and avoid military service, I can be found guilty of...

4. What is the difference between libel and slander?

5. Which Supreme Court case defined obscenity?

6. What happened in Skokie, Illinois in 1978?