It is by the 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

How are we compared to everywhere else?Out of 195 countries

70 countries have “free press”41 % of the countries have “partly free” press42 % of the countries have “not free” press

First AmendmentCongress 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.

1st Amendment (Break Down)Religion – You can believe what you want, belong to

any religion or no religionSpeech – You can voice your opinion using words,

symbols or actionsPress – The government cannot censor information

in newspapers, online news sources, TV news broadcasts, etc.

Assembly – You can gather in a groupPetition – You can criticize the government, and you

can complain about policies that affect you negatively and ask for change

1. The First 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

Freedom of ExpressionSpoken or written wordsArt & musicMessages in buttons ,t-shirts & the InternetHow you dressProtests and ralliesJoining clubs and organizationsRefusing to salute the flagSymbolic speech like wearing an armband

Three Types of SpeechPure Speech - Verbal expression

Speech Plus- involves actions such as marching

Symbolic speech - expression by conduct

Students have the right to express their opinion, but they cant do so in any way that:

Interferes with the educational processThreatens immediate harm to the school

communityEncourages unlawful activityInterferes with another individuals rights

Students must also:Follow libel & obscenity codesBe aware of the full meaning of their expression &

the feelings and opinions of others have to put their names on posted or distributed

materialsHave to get approval before posting or distributing

materials

In the Courts Bethel School District No. 403 v FraserA 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………….

The U.S. Supreme Court 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”

Clear and Present DangerWill 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.”

Fighting WordsWas something said face-to-face that would incite immediate violence?

Facts of the CaseChaplinsky, 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.

Question PresentedDoes the application of the statute violate Chaplinsky's freedom of speech protected by the First Amendment?

ConclusionNo. 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."

Libel and SlanderWas the 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

Time, Place, and MannerWhere, 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.

The Free Exercise Clause 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

How do you know 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

To pass the the lemon test a government act or policy must;Not have a religious purposeNot end up promoting or favoring any set of

religious beliefs;andNot get the government closely involved with

religion.

Our teachers likes to 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?

No. It is unconstitutional 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.

My math teacher use 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?

Yes. PA. law says that that public school staff cant wear religious clothing or accessories. It prevents teachers form promoting a particular religion.

1. First Amendment rights 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.

A 2½-year-old boy becomes 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.

They felt that it 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.”

Are religions that worship 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.)

I think you should defend to the death their right to march, and then go down and meet them with baseball bats.

--Woody Allen, on the KKK