It is bythe goodness of God that in our
country we have those three unspeakably
precious things: freedom of speech, freedom
of conscience, and the prudence never to
practice either of them.
--Mark Twain, 1897
2.
How are wecompared to
everywhere else?
Out of 195 countries
70 countries have “free press”
41 % of the countries have “partly free” press
42 % of the countries have “not free” press
3.
First Amendment
Congress shallmake no law respecting an
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
peaceably to assemble, and to petition the
Government for a redress of grievances.
4.
1st
Amendment (Break Down)
Religion– You can believe what you want, belong to
any religion or no religion
Speech – You can voice your opinion using words,
symbols or actions
Press – The government cannot censor information
in newspapers, online news sources, TV news
broadcasts, etc.
Assembly – You can gather in a group
Petition – You can criticize the government, and you
can complain about policies that affect you negatively
and ask for change
5.
1. TheFirst Amendment affirms the freedom of the individual.
American government is based upon the concept that all
human beings are born with certain rights or freedoms. The
First Amendment guards these rights by prohibiting the
government from denying citizens their rights.
The first amendment must balance every ones freedoms
6.
Freedom of Expression
Spokenor written words
Art & music
Messages in buttons ,t-shirts & the Internet
How you dress
Protests and rallies
Joining clubs and organizations
Refusing to salute the flag
Symbolic speech like wearing an armband
7.
Three Types ofSpeech
Pure Speech - Verbal expression
Speech Plus- involves actions such as marching
Symbolic speech - expression by conduct
9.
Students have theright to express
their opinion, but they cant do so in
any way that:
Interferes with the educational process
Threatens immediate harm to the school
community
Encourages unlawful activity
Interferes with another individuals rights
10.
Students must also:
Followlibel & obscenity codes
Be aware of the full meaning of their expression &
the feelings and opinions of others
have to put their names on posted or distributed
materials
Have to get approval before posting or distributing
materials
11.
In the Courts
BethelSchool District No. 403 v Fraser
A high school student at a school assembly gave a
speech nominating his friend for student government.
He used sexual innuendos in his speech and the
school suspended him for it. He sued the school
arguing the suspension violated his free speech
rights………….
12.
The U.S. SupremeCourt said…..
It was o.k. for the school to punish the student . A
school can prohibit lewd and vulgar student
speech as part of its job of teaching students “the
boundaries of socially appropriate behavior”
14.
Clear and PresentDanger
Will this act of speech create a dangerous situation?
The First Amendment does not protect statements that
are uttered to provoke violence or incite illegal
action.Justice Holmes, speaking for the unanimous
Supreme Court, stated, “The question in every case is
whether the words used are used in such
circumstances and are of such a nature as to create a
clear and present danger that they will bring about the
substantive evils that Congress has a right to prevent.”
15.
Fighting Words
Was somethingsaid face-to-face that would incite
immediate violence?
Facts of the Case
Chaplinsky, a Jehovah's Witness, called a city
marshal a "God-damned racketeer" and "a damned
fascist" in a public place. He was arrested and
convicted under a state law for violating a breach
of the peace.
16.
Question Presented
Does theapplication of the statute violate Chaplinsky's
freedom of speech protected by the First Amendment?
Conclusion
No. Some forms of expression--among them obscenity
and fighting words--do not convey ideas and thus are
not subject to First Amendment protection. In this
case, Chaplinsky uttered fighting words, i.e., words
that "inflict injury or tend to incite an immediate
breach of the peace."
17.
Libel and Slander
Wasthe statement false, or put in a context that
makes true statements misleading?
You do not have a constitutional right to tell lies
that damage or defame the reputation of a person
or organization
18.
Time, Place, andManner
Where, when, and how the free speech occurred can
make a difference
These regulations of expression are content-
neutral. A question to ask: Did the expression
occur at a time or place, or did the speaker use a
method of communicating, that interferes with a
legitimate government interest? For example,
distribution of information should not impede the
flow of traffic or create excessive noise levels at
certain times and in certain places.
20.
The Free ExerciseClause prohibits governmental
interference with religious belief and, within limits,
religious practice. The Supreme Court traditionally has
required governmental bodies to demonstrate a
compelling interest of the "highest order" before they
may interfere with religious conduct. Government
must demonstrate that the means by which it seeks to
address its compelling interest are the least restrictive
possible of religious conduct
21.
How do youknow if government is
establishing a religion?
Apply the Lemon test! The Supreme court
designed a three part test decide if government
was acting in a way that promotes religion
22.
To pass thethe lemon test a government act or
policy must;
Not have a religious purpose
Not end up promoting or favoring any set of
religious beliefs;and
Not get the government closely involved with
religion.
23.
Our teachers likesto start class with a moment of
silence so we can pray if we want to. Is that ok since
she is not really forcing us to pray?
24.
No. It isunconstitutional for schools to require a
moment of silence for meditation or voluntary
prayer. It may be ok if a teacher can show a non-
religious reason for it.
25.
My math teacheruse to wear a crucifix around her neck.
When we asked her why she hasn’t been wearing it lately,
she said the school asked her not to. Can they do that?
26.
Yes. PA. lawsays that that public school staff cant
wear religious clothing or accessories. It prevents
teachers form promoting a particular religion.
27.
1. First Amendmentrights do have limits. In the
case of the right to exercise one's religious
beliefs, this is particularly true when it comes to
actions based on religious beliefs as opposed to
the beliefs themselves. how far outside the
mainstream can religious groups venture and
still be protected by the First Amendment.
28.
A 2½-year-old boybecomes ill. His parents, David and
Ginger Twitchell, do not seek traditional medical
assistance. Instead, as members of the Christian
Science Church, they rely on prayer and faith as their
church teaches. Several times the child appears to get
better, so the parents believe their prayers and the
prayers of the Christian Science practitioner with
whom they are consulting are working.
Robyn Twitchell dies on April 8, 1986, of peritonitis
from a congenital bowel obstruction after five days of
being ill. The parents are charged with involuntary
manslaughter.
29.
They felt thatit was within their first amendment
right to treat their son with prayer
The state of Massachusetts found that child
neglect over ruled their first amendment rights
Sentenced to 10 years probation for involuntary
manslaughter
“the law is now clear: parents cannot sacrifice the
lives of their children in the name of religious
freedom.”
30.
Are religions thatworship multiple gods legally permitted?
(Yes.)
What about religious worship that involves handling
poisonous snakes by both adults and children?
(Children should not be subjected to the risk of death; adults
make up their own minds)
What about a religion that holds that each man should have
more than one wife?
(No, polygamy is illegal everywhere in the United States.)
31.
I think youshould defend to the death their
right to march, and then go down and meet
them with baseball bats.
--Woody Allen, on the KKK