The First Amendment

1
The First Amendment

• An introduction overview of freedom of religion
  and freedom of expression

2
The First Amendment

• Five rights mentioned
• Freedom of Religion
• Freedom of Speech
• Freedom of the Press
• Freedom of Assembly
• Right to Petition the Government
• Also referred to as
• Freedom of Expression

3
Freedom of Religion

• The Establishment Clause
• Congress shall make no law respecting the
  establishment of religion.
• The Free Exercise Clause
• Prohibits government from interfering with the
  practice of religion
• Some religious practices may conflict with other
  rights, and then be denied or punished

4
Establishment clause-Government

• CAN
• Teach about religions in school
• Allow voluntary prayer in many examples
• Transport students to a religious school
• Read Bible for culture or literacy content

• CANNOT
• Set a state religion
• Government cannot order a prayer
• Teach religious doctrine in the school
• Pay seminary teachers
• Teach creationism

5
Free ExerciseThe person

• CAN
• Choose whatever religion
• Lead a prayer in most examples
• Ask questions about religions
• Worship who ever you want

• CANNOT
• Break the law and claim it is religious belief
• US v. Miller
• Raise children without education
• Deprave children of basic needs

6
Freedom of Expression

• Prior Restraint
• Definition A government preventing material from
  being published. Censorship.
• May be permissible during wartime.
• May be punished after something is published.

7
Freedom of Expression

• Free Speech and Public Order
• Limited if it presents a clear and present
  danger
• Permissible to advocate the violent overthrow of
  government in abstract, but not to incite anyone
  to imminent lawless action
• Limited if on private property, like a shopping
  center

8
Freedom of Expression

• Obscenity
• No clear definition on what constitutes
  obscenity.
• Miller v. California stated that materials were
  obscene if the work
• appeals to a prurient interest in sex
• showed patently offensive sexual conduct
• lacks serious literary, artistic, political or
  scientific value
• Local areas make their own decisions on obscenity!

9
Freedom of Expression

• Libel and Slander
• Libel The publication of false or malicious
  statements that damage someones reputation.
• Slander The same thing, only spoken instead of
  printed.
• Different standards for private individuals and
  public (politicians, celebrities) individuals
• Difficult to prove

10
Freedom of Expression

• Symbolic Speech
• Definition Nonverbal communication, such as
  burning a flag or wearing an armband.
• Generally protected along with verbal speech.

11
Freedom of Expression

• Commercial Speech
• Definition Communication in the form of
  advertising.
• Generally the most restricted and regulated form
  of speech (FTC).
• Regulation of the Public Airwaves
• Broadcast stations must follow FCC rules.
• Cable / satellite has blurred the lines.

12
Freedom of Expression

• Freedom of Assembly
• Right to Assemble
• Generally permissible, but must meet reasonable
  local standards.
• Balance between freedom to assemble and order in
  society.
• Right to Associate
• Freedom to join groups / associations without
  government interference.

13
Petition the government

• Petition
• You may sue the government for wrongs
• You cannot be punished for exposing wrongs by the
  government
• The courts decide the wrongs
• Protected petition is usually in the form of
  peaceful protest.

14
First Amendment Wrap-up

• Freedom of Religion is divided into
• Establishment Clause
• Government can not endorse one religion.
• Free Exercise Clause
• There is a difference between belief and action.
• Freedom of Expression is grey area
• Expression is a protected right, as so far as it
  does not violate the rights of others.
• It can be limited in special circumstances in
  special places.