First Amendment

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First Amendment

  1. 1. THE FIRSTAMENDMENT The Basics
  2. 2. CHAPTER 13 QUIZ
  3. 3. Rights From Amendment I• Speech• Press• Religion• Assembly• Petition the Government
  4. 4. 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
  5. 5. 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
  6. 6. 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
  7. 7. 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)
  8. 8. 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
  9. 9. 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)
  10. 10. 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?
  11. 11. 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)

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