The First Amendment protects freedom of speech, press, religion, assembly, and the right to petition the government. It prohibits laws that abridge freedom of speech or establish a state religion. However, certain types of unprotected speech like fighting words or speech that poses a clear and present danger can be regulated. The Establishment Clause requires separation of church and state, while the Free Exercise Clause protects religious practices unless a law is generally applicable.

1. THE FIRST
AMENDMENT
The Basics

2. CHAPTER 13 QUIZ

3. Rights From Amendment I
• Speech
• Press
• Religion
• Assembly
• Petition the Government

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. When Can It Be Regulated?
• Flag burning in a protest?
– YES (Texas v. Johnson)
• Burning Draft Card?
– No (US v. O'Brien)
• 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. 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. The Court's 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. 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. 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. 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. 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)