THE FIRST AMENDMENT-Ch4, Sec 1

Quote from Thomas Jefferson---

• Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter.” – What do you think he meant?

BILL OF RIGHTS

• 1st 10 Amendments to the Constitution• Added in 1791• Many of the Anti-federalists (people against

the new Constitution), agreed to vote for the Constitution because the Federalists agreed to the addition of a Bill of Rights

• Protects the people from actions of the government that take away our liberty

1st Amendment

• Congress shall make no law • respecting the 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 peaceable to

assemble and • petition the government for a redress of

grievances.

1st Amendment• Regarded as the most important • “Congress shall make no law” has been

interpreted by the Supreme Court to mean “the government (national, state or local) shall make no law or take any action.”

1st Amendment

• It is the government that cannot interfere with your freedoms

• The 1st Amendment does apply not your parents, private employers, others not connected with the government

• Public schools (but not private schools) are part of the government

1st Amendment• 5 Freedoms– Religion-the government can’t support a religion,

but also can’t prohibit us from exercising the religion of our choice.

– Speech-express ourselves freely by words or symbolic actions

– Press-express ourselves freely in writing– Assembly-meet openly with others– Petition-right to express our views and have them

heard by those in the government

Freedom of Religion

• Desire for freedom of religion was part of the reason why some of the earliest colonists came to America

• Congress shall make no law (the government will not)– “establish a religion”-establishment clause– “prohibit the free exercise thereof”-free exercise

clause

Freedom of Religion-Establishment Clause

• The government will not take any action that promotes a religion, or connects the government closely with a religion.

• When this was written, most European countries had an “established”, or official, religion. The government supported and favored a particular Church (Catholic, Lutheran, etc)

• Establishment clause examples: – No teacher-led prayer, or other official prayers, in

public schools. However students have the right pray on their own.

– A holiday display on government property may show a Christmas tree or a dreidel, but not a manger season or menorah (government offices can have decorations that celebrate the secular parts of the holidays)

– plaque of the 10 Commandments may not be displayed in a Courtroom

Freedom of Religion• Free exercise clause-the government will not take any action

that hinders a person from practicing the religion of their choice.

• Examples:– Native American tribes who use peyote for religious rituals can go

on using it (despite anti-drug laws)– People of the Santeria religion (from Haiti) can slaughter chickens

(despite a city law against slaughtering animals within city limits)– Amish people don’t have to send their children to High School

(despite a law saying kids must go until they are 16)– However: Christian Scientists don’t believe in blood transfusions.

If a child needs a blood transfusion to live, the state can take custody of the child and allow the transfusion. There is compelling interest.

Freedom of Speech• In many countries today, people can be jailed for criticizing

the government. • Freedom of speech means we can express our thoughts

without punishment by the government • The reason for this is that truth becomes stronger when it is

challenged. If people are exposed to different opinions, they can decide for themselves what is true and what is false

• All dictatorships thrive on censorship. If the government can’t prohibit the expression any opinions, even bad ones, it certainly can never prohibit the good ones. Allowing the bad opinions, ultimately protects the good opinions!!!

• Spoken word, telephone, TV, even symbolic expression of ideas.

Freedom of Speech

• Tinker v. DeMoine – Mary Beth & John Tinker & another friend wore black

armbands to school (a public school) to protest the Vietnam War.

– They were suspended.– Supreme Court held that the suspension was illegal

because they were expressing their opinion peacefully. – Majority –Abe Fortas: Their actions were akin to pure

speech. – Minority-Hugo Black: This leads to permissiveness in

schools.

Freedom of Speech

• Limits to Freedom of Speech in Public Schools (Private Schools have no right of free speech). Expression of opinion must be– Non-disruptive. Cannot be out of place or

disruptive in the classroom.– No profanity or vulgarity.– Schools can have dress codes.

Free Speech-held not protected

AN EXTREME EXAMPLE• Neo Nazis ask for a parade permit to march in Skokie

Illinois, which was home to many Jewish holocaust survivors.

• Jewish community was divided– Some opposed giving them the parade permit. It was too

painful and insulting to the holocaust survivors. – Others said they should be allowed to express their opinion,

no matter how much we hate that opinion.– The Neo Nazis were represented by the ACLU (American Civil

Liberties Union). A Jewish ACLU lawyer defended them! • It was held that they had the right to the parade permit.

However, they wound up having the march in Chicago, not Skokie.

Limits

• The government can regulate pornography. • The government can put reasonable limits on time and place

(like its O.K to say you can’t turn on a loudspeaker in a neighborhood at night), but not content (the content of what is being said).

• Freedom of speech doesn’t apply to situations in which the “speech” is likely to cause a serious danger, like shouting “fire” (when there is no fire) in a public place, thus causing a stampede! This isn’t an opinion, it is more like an action

• Freedom of speech doesn’t apply to serious threats. These aren’t opinions—they are the precursors of action. Again, this isn’t an opinion, its more like an action.

• EXCEPT FOR A FEW EXCEPTIONS< THE GOVERNMENT CANNOT PROHIBIT ANYONE FROM EXPRESSING THEIR OPINION< NO MATTER HOW OBNOXIOUS IT IS!!!!!!• This is a close to an absolute as

anything can get in the law.

Freedom of the Press

• Freedom of the Press means we can express ourselves freely in writing & print. The government cannot practice censorship (without a compelling reason).

• Used to include books, newspapers, etc. • Now includes other media: radio, TV,

internet. • The reason: It is good for people to be

exposed to a wide variety of viewpoints.

FREE SPEECH & PRESS LIMITS• Protection of Freedom of Speech & Press has

limits. If there is a compelling reason, free speech & press can be limited: • Speech or writing that may cause a danger (yelling fire

in a crowded place) , a riot or violent behavior. • Speech or writing that urges someone to commit a

crime. • Slander-false spoken statements that hurt another

person’s reputation) ; Libel –false written statements that hurt another person’s reputation

• Obscenity• Time and place may be regulated.

Freedom of the Assembly

• Freedom to hold meetings, parades, rallies. However, governments can regulate the time and place; for example, they may require parade permits

• Freedom of Assembly implies freedom of association—the right to form clubs, political parties, or other groups with people whom we choose.

Freedom to Petition

• Freedom to petition the government for a redress of grievances.

• This is the right to express your opinion to the government: write letters to representatives, etc.