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First Amendment
 

First Amendment

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    First Amendment First Amendment Presentation Transcript

    • THE FIRSTAMENDMENT The Basics
    • CHAPTER 13 QUIZ
    • Rights From Amendment I• Speech• Press• Religion• Assembly• Petition the Government
    • Freedom of Speech• “Congress shall make no law …abridging the freedom of speech…”• Pure speech v. symbolic speech• Is this an absolute right?• When can it be LEGALLY taken away – Endangering public safety – Advocating illegal activity Overthrow of Government (esp. wartime) • Alien & Sedition Acts (1787) • Espionage Act (1917) • Schenck v. United States
    • When Can It Be Regulated? • Flag burning in a protest? – YES (Texas v. Johnson) • Burning Draft Card? – No (US v. OBrien) • Picketing a private residence? – NO (Frisby v. Schultz) • Three part test to uphold: – Within powers of government – Regulation must be unrelated to free speech – Other channels of speech are available
    • Unprotected Speech• Sedition: urges resistance to lawful authority or government overthrow• Defamatory speech: false speech; damages character or reputation – Libel (written) – Slander (spoken) – Public official? OK• Fighting words: violent reaction• Student speech: can be regulated
    • The Courts Test • Evolution of established limits: 1. Clear and present danger (immediate danger) 2. Bad Tendency Doctrine (Restricted if it tended to lead to an illegal action) 3. Preferred Position Doctrine (These are fundamental rights; will assume law is unconstitutional)
    • Freedom of Religion• “Congress shall make no law…respecting the establishment of religion…[or] prohibiting the free exercise of religion…”• Establishment Clause• Free Exercise Clause
    • Separationof Church and State • Establishment Clause • No state-sponsored religion • Wall of separation: how high? – Pledge of Allegiance – Money • Everson v. Board of Ed (1947) – New Jersey – Public $ used to bus – Upheld (furthered education, not religion)
    • Lemon Test• Lemon v. Kurtzman (1971)• State aid to church is legal as along as: 1. Have a non-religious purpose 2. Can’t advance or inhibit religion 3. Avoid excessive government entanglement in religion• Engel v. Vitale (1962)• Teaching of Intelligent Design?
    • Free Exercise Clause• Polygamy (Reynolds v. US)• Amish & compulsory education laws (Wisconsin v. Yoder)• Jehovah’s Witnesses must salute the flag (West Virginia State Board of Education v. Barnette)• Using peyote (Employment Division v. Smith)