Week 30 Notes

1
Week 30 Notes

• Freedoms guaranteed in the First Amendment.
• When can the government limit freedom of speech.
• Schenck v. US
• Name_______________
• Period______________
• Date________________
• Mr. Furman

2
Bill of Rights

• Amendment- Is an addition or change made to the
  Constitution. The Constitution has been amended
  27 times.
• First 10 amendments to the Constitution is known
  as the Bill of Rights. These amendments list out
  a citizens basic rights under the Constitution.
  It was written by James Madison, and added to the
  Constitution to help get it ratified. Tells what
  the government cant do.

3
1st 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.

4
1st Amendment

• Freedom of religion.
• The government cant require citizens to follow
  or practice a particular religion. Citizens may
  practice or not practice any religion that they
  wish.

5
1st Amendment

• Freedom of speech.
• The government cant prevent or stop a person
  from speaking out against the government. This
  includes more than just verbal speech. It can
  also include written words, works of art, any
  kind of technology that allows people to
  communicate with each other.

6
1st Amendment

• Freedom of the press.
• The government cant prevent or stop any news
  medium from reporting stories or information
  about the government. This would include the
  internet, television, radio, magazines and
  newspapers.

7
1st Amendment

• Freedom to peacefully assemble.
• The government cant prevent or stop any person
  who wants to lawfully and peacefully protest.

8
1st Amendment

• Freedom to petition the government for a redress
  of grievances.
• A citizen can ask the government to explain its
  actions.

9
When can the government deny freedom of speech?

• -         1) Make false statements against
  someone that causes them harm. Ex- Slander
  (spoken) or Libel (written)
• -         2) If the speech threatens national
  security.
• -         3) If the speech encourages others to
  break the law or incite others to use violence.
• -         4) If the speech causes panic and
  results in people to getting hurt.
• 5) Words that present a clear and
  present danger to others or the United States.

10
Schenck v. United States1919

• Charles Schenck was arrested and charged with
  passing out pamphlets trying to persuade young
  men not to enter the draft during WWI.
• The Supreme Court and Chief Justice Oliver
  Wendell Holmes affirmed the lower court ruling
  stating that Schencks actions were unlawful, and
  were a clear and present danger to the United
  States war effort.
• Cant yell fire in a crowded theatre