First Amendment:
Chapter Thirteen.
Why has your textbook
dedicated a whole chapter to
ONE amendment?
 1. Thomas Jefferson said that even IF
you lost all you...
Human Rights
 1. H.R. or
fundamental
freedoms are at the
core of our
constitution.
 2. The Founders said
we have ―Inalie...
Incorporation or
Nationalization of the Bill of
Rights.
 1. The B.O.R. at first ONLY protected people from the
Federal go...
Fourteenth Amendment
 1. This amendment, of 1870, laid the
foundation for Incorporation.
 2. ― No state shall make or en...
Plessy v. Ferguson - 1896
 1. This Court decision allowed legal
discrimination of African – Americans.
 2. This began th...
Gitlow v. New York - 1925
 1. This case NATIONALIZED or
INCORPORATED the B.O.R.
 2. Free speech is now a basic human
rig...
Forty-Five Important Words
The First Amendment
Congress shall make no law respecting an
establishment of religion, or proh...
Freedom of Religion
Establishment Clause
 1. ―Congress shall
make no laws
respecting
religion.‖
 2. No Federal or
State ...
Engel v. Vitale - 1962
1. No organized school prayer.
2. No ―Moment of silence.‖
3. Equal Access Act of 1984.
Establishment Clause
Can:
 1. Teach about religions.
 2. Allow VOLUNTARY school
prayer.
 3. Have religious school clubs...
Free Exercise Clause
 The government CAN’T interfere with the
practice or beliefs of any religion.
 The only exception i...
Free Exercise Clause
1. Reynolds v. U.S. 1879.
―…Not free to worship in ways that
violate laws protecting the
health, saf...
Flag Salute Cases
1. Minersville v. Gobitis – 1940
Children MUST salute the flag.
2. W. Virginia State Board v.
Barnette...
Free Exercise
CAN:
 1. Choose ANY
religion to believe
and follow.
 2. Observe or
practice any
religious belief.
 3. Not...
Free Speech
Pure Speech
 1. Talking out loud
to a single
person, group or
to millions.
 2. Any mass
media.
Symbolic Spee...
Regulating Speech
Seditious Speech
 1. Advocating the violent
overthrow of the government.
 2. Normally enforced during
...
Clear and Present Danger.
1. Schenck v. U.S. 1919.
2. ―Clear and present danger.‖
3. ―Can’t yell fire in a crowded movi...
Bad Tendency Doctrine.
 1. Gitlow v. New York. 1925.
 2. Speech that MIGHT lead to illegal
action.
 3. Supreme Court ru...
Preferred Position Doctrine.
First Amendment is the most important
freedom and must get the MOST
protection from the Court...
Defamatory Speech
Slander
 1. Telling negative lies about
a person that damages their
reputation.
Libel
 1. Writing nega...
Free Speech—More Limits
 Sexual harassment.
 Create too much social chaos.
 Extremely crude language in a public forum....
Freedom of the press
Congress shall make
no law abridging . . .
the freedom of the
press.‖
Freedom of the Press.
 1. No Prior Restraint.
 2. Near v. Minnesota. 1931.
 3. Min. Paper called local elected official...
Freedom of Press and Prior
Restraint
 1. New York Times v. U.S. 1971.
 2. Could the U.S. stop the newspaper
from publish...
Trials and Free Press.
 1. Sheppard v. Maxwell. 1966.
 2. Gag orders unconstitutional, EXCEPT
to trial participants.
 3...
Protecting News Sources.
 1. Thirty states have shield laws.
 2. The Federal government doesn’t.
 3. ―Scooter‖ Libby ca...
Freedom of the Press.
Can Cannot
 Print any political
position.
 Make fun of
people, especially
politicians.
 Expose wr...
Freedom of Assembly
 Congress shall make no law . . .
Abridging . . . The people to peaceably
assemble‖
Freedom of Assembly.
 1. Dejonge v. Oregon. 1937.
 2. Communist public meeting.
 3. ―Peaceful assembly for lawful discu...
Assembly Continued….
Limits on Assembly.
1. Public property.
2. Limits on parades.
3. Skokie march by Nazis. 1977.
4. ―Hec...
Assembly Continued….
 1. Assembly on PRIVATE property.
 2. NO!
 3. Gregory v. City of Chicago. 1969.
Government can’t s...
Assembly Continued….
Freedom of association. Unless a
group is PLANNING a violent act,
they have every right to meet.
Freedom of Assembly--
Individual
Can Cannot
 Protest Peacefully.
 Parade with a
permit.
 Belong to any
Political party....
Petition
 Allows people to ask
the government to
change a court
decision, law, or
other governmental
action.
 Works with...
Harry S Truman, 1950
“In a free country we
punish men for crimes they
commit, but never for the
opinions they have.”
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
Chapter Thirteen: The First Amendment Explained.
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Chapter Thirteen: The First Amendment Explained.

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Chapter Thirteen: The First Amendment Explained.

  1. 1. First Amendment: Chapter Thirteen.
  2. 2. Why has your textbook dedicated a whole chapter to ONE amendment?  1. Thomas Jefferson said that even IF you lost all your other civil rights, you could get them all back if you have your five freedoms.  2. How has the fall of the Soviet Union and the ―Arab Spring‖ proven this?
  3. 3. Human Rights  1. H.R. or fundamental freedoms are at the core of our constitution.  2. The Founders said we have ―Inalienable‖ rights ―Endowed‖ by YOUR Creator.  3. What role does our gov’t play in regards to these rights?  4. It is to protect them!
  4. 4. Incorporation or Nationalization of the Bill of Rights.  1. The B.O.R. at first ONLY protected people from the Federal government NOT States.  2. States could abuse our civil rights and they did!  3. Barron v. Baltimore – 1833.
  5. 5. Fourteenth Amendment  1. This amendment, of 1870, laid the foundation for Incorporation.  2. ― No state shall make or enforce any law which abridge the privileges or immunities of the citizens of the U.S….‖
  6. 6. Plessy v. Ferguson - 1896  1. This Court decision allowed legal discrimination of African – Americans.  2. This began the South’s Jim Crow laws and the practice of segregation. ―Separate but equal.‖  3. How can the Court make this ruling considering the 14th Amendment?
  7. 7. Gitlow v. New York - 1925  1. This case NATIONALIZED or INCORPORATED the B.O.R.  2. Free speech is now a basic human right.  3. NO state can deny any federal civil right.
  8. 8. Forty-Five Important Words The First Amendment Congress shall make 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. First Amendment
  9. 9. Freedom of Religion Establishment Clause  1. ―Congress shall make no laws respecting religion.‖  2. No Federal or State supported or favored church. Free Exercise Clause  1. Prohibits the Federal or state from UNDULY interfering with how a church/religion practices their religion.
  10. 10. Engel v. Vitale - 1962 1. No organized school prayer. 2. No ―Moment of silence.‖ 3. Equal Access Act of 1984.
  11. 11. Establishment Clause Can:  1. Teach about religions.  2. Allow VOLUNTARY school prayer.  3. Have religious school clubs.  4. Use school transport to deliver students to parochial school.  5. Use the Bible/Koran/etc. for cultural/historical/ information. Cannot:  1. Set a state religion.  2. No school mandatory/organized prayer.  3. Teach that any religion is THE religion.  4. Teach Creationism.  5. Pay parochial teachers.
  12. 12. Free Exercise Clause  The government CAN’T interfere with the practice or beliefs of any religion.  The only exception is IF a person might harm themselves OR other people.
  13. 13. Free Exercise Clause 1. Reynolds v. U.S. 1879. ―…Not free to worship in ways that violate laws protecting the health, safety or morals of a community.‖ Snake handlers or drinking poison, etc.
  14. 14. Flag Salute Cases 1. Minersville v. Gobitis – 1940 Children MUST salute the flag. 2. W. Virginia State Board v. Barnette – 1943. Overturned Minersville v. Gobitis.
  15. 15. Free Exercise CAN:  1. Choose ANY religion to believe and follow.  2. Observe or practice any religious belief.  3. Not believe in any religion at all. CANNOT:  1. Break the law.  2. Raise children with out education.  3. Hurt or potentially harm yourself or others.
  16. 16. Free Speech Pure Speech  1. Talking out loud to a single person, group or to millions.  2. Any mass media. Symbolic Speech  1. Any image, picture, ge sture, art, music, etc. that conveys a message.
  17. 17. Regulating Speech Seditious Speech  1. Advocating the violent overthrow of the government.  2. Normally enforced during national peril.  3. Supreme Court now has ruled that you can be seditious. Three Constitutional Tests:  1. ―Clear and present danger.‖  2. Bad Tendency Doctrine.‖  3. ―Preferred Doctrine.‖  OK bombing? – Turner Dairies.‖
  18. 18. Clear and Present Danger. 1. Schenck v. U.S. 1919. 2. ―Clear and present danger.‖ 3. ―Can’t yell fire in a crowded movie theater‖ if no fire exists OR say you have a bomb on an airplane.
  19. 19. Bad Tendency Doctrine.  1. Gitlow v. New York. 1925.  2. Speech that MIGHT lead to illegal action.  3. Supreme Court ruled against B.T.D.
  20. 20. Preferred Position Doctrine. First Amendment is the most important freedom and must get the MOST protection from the Court. 1940’s. HGS
  21. 21. Defamatory Speech Slander  1. Telling negative lies about a person that damages their reputation. Libel  1. Writing negative lies about a person that damages their reputation.  Tabloids? Fighting words? Student speech.  2. Absence of Malice?  Bong Hits....  911 Truth Now!
  22. 22. Free Speech—More Limits  Sexual harassment.  Create too much social chaos.  Extremely crude language in a public forum.  Disrespectful, vulgar language in schools.  Hate crimes.  Robin Williams
  23. 23. Freedom of the press Congress shall make no law abridging . . . the freedom of the press.‖
  24. 24. Freedom of the Press.  1. No Prior Restraint.  2. Near v. Minnesota. 1931.  3. Min. Paper called local elected officials ―Gangsters and Grafters.‖  4. Min. tried to stop paper.  5. Court ruled it ―Prior restraint.‖
  25. 25. Freedom of Press and Prior Restraint  1. New York Times v. U.S. 1971.  2. Could the U.S. stop the newspaper from publishing embarrassing information about the government?  3. No. The information was truthful and the government couldn’t use prior restraint.
  26. 26. Trials and Free Press.  1. Sheppard v. Maxwell. 1966.  2. Gag orders unconstitutional, EXCEPT to trial participants.  3. Press MUST have access to trials.  4. Why are secret trials bad?
  27. 27. Protecting News Sources.  1. Thirty states have shield laws.  2. The Federal government doesn’t.  3. ―Scooter‖ Libby case. 2007.  4. Why are Shield Laws good or bad?  5. Congress is now considering a Federal Shield law. Why do you think some are against this proposed law?
  28. 28. Freedom of the Press. Can Cannot  Print any political position.  Make fun of people, especially politicians.  Expose wrongs by the government.  Say things that are not popular.  Libel– intentionally injuring a person’s reputation by false facts.  Disclose defense- security secrets.  Detail how to make a certain weapons.
  29. 29. Freedom of Assembly  Congress shall make no law . . . Abridging . . . The people to peaceably assemble‖
  30. 30. Freedom of Assembly.  1. Dejonge v. Oregon. 1937.  2. Communist public meeting.  3. ―Peaceful assembly for lawful discussion cannot be made a crime.‖  4. Americans still discriminated for political beliefs during the 20’s 30’s 40’s and 50’s.  5. McCarthyism.
  31. 31. Assembly Continued…. Limits on Assembly. 1. Public property. 2. Limits on parades. 3. Skokie march by Nazis. 1977. 4. ―Hecklers Veto.‖ 5. Feiner v. New York. 1950. 6. ―Incite to riot.‖
  32. 32. Assembly Continued….  1. Assembly on PRIVATE property.  2. NO!  3. Gregory v. City of Chicago. 1969. Government can’t stop peaceful assembly.
  33. 33. Assembly Continued…. Freedom of association. Unless a group is PLANNING a violent act, they have every right to meet.
  34. 34. Freedom of Assembly-- Individual Can Cannot  Protest Peacefully.  Parade with a permit.  Belong to any Political party.  Gang members can congregate in public. Except Oakland?  Protest using or threatening violence.  Hang out on private land against owners will or loitering.  Be out after teen curfew.
  35. 35. Petition  Allows people to ask the government to change a court decision, law, or other governmental action.  Works with the right to assemble by allowing people to come together to pursue a change
  36. 36. Harry S Truman, 1950 “In a free country we punish men for crimes they commit, but never for the opinions they have.”

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