The First Amendment

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The First Amendment

• Objective Evaluate the role of the First
  Amendment

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1st Amendment Civil Liberties

• Civil Liberties are the personal rights and
  freedoms that the federal government cannot be
  taken away by law, constitution, or judicial
  interpretation.
• These are limitations on the power of government
  to restrain or dictate how individuals act.

3
First Amendment- The Five Rights of the

• Freedom of Religion
• Freedom of Speech
• Freedom of the Press
• Freedom of Assembly
• Right to petition the government

4
First Amendment- Drafting

• They asked, Should we establish a religion or
  not?
• Thomas Jefferson wrote that there should be a
  wall of separation between church and state.

5
The Establishment Clause

• A government cannot promote religion
• What is the purpose of the Establishment clause?

6
The Establishment Clause

• Governments 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

7
The Establishment Clause

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

8
The Supreme Court and the Establishment Clause

• The Supreme Court has held fast to the rule of
  strict separation between church and state when
  issues of prayer in public school are involved.

9
Establishment Clause - The Free Exercise Clause

• Congress shall make no law prohibiting the free
  exercise thereof (religion) is designed to
  prevent the government from interfering with the
  practice of religion.
• This freedom is not absolute.
• Several religious practices have been ruled
  unconstitutional including
• Snake handling
• Use of illegal drugs
• polygamy
• Nonetheless, the Court has made it clear that the
  government must remain NEUTRAL toward religion.

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Establishment Clause See you at the Pole!

• Student participation in before-or after-school
  events, such as see you at the pole, is
  permissible.
• School officials, acting in an official capacity,
  may neither discourage nor encourage
  participation in such as event.

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The First Amendment

• Freedom of religion, speech, press, assembly, and
  petition
• Basic Freedoms-NO FREEDOM IS ABSOLUTE!
• I. Religion
• A. Separation of church (religion) and state
  (government)
• B. Establishment clause
• i. Your government cannot establish a religion
• ii. It cannot get rid of a religion
• C. Exercise clause
• i. Cannot restrict the way you practice your
  religion
• ii. Cannot force you to practice in a certain way

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Speech The Freedom of Speech

• Congress shall make no laws . . . abridging the
  freedom of speech.

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Speech What can the Individual say under Free
Speech?

• Say any political belief
• Protest (without getting out of control)
• Say things about someone that are true
• Burn the flag
• Say racist and hate slogans
• Free speech means someone might say something you
  disagree with

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Speech Limits to Free Speech

• Threaten to blow up airplanes, schools or the
  president
• Sexual harassment
• Create too much social chaos
• Extremely crude language in a public form
• Disrespectful, vulgar language in schools
• Hate crimes

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Freedom of Press
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Can Cannot
Freedom of Press

• Libel intentionally injuring a persons
  reputation by false facts
• Disclose defense-security secrets
• Detail how to make certain weapons

• Print any political position
• Make fun of people, especially politicians
• Expose wrongs by the government
• Say things you might not agree with

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Freedom of Assembly
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Freedom of Assemblycans cannot

• Protest
• Parade (with a permit)
• Parade chanting hate slogans
• Gang members can congregate in public

• Protest by throwing rocks and breaking windows
• Hang out on private land against owners
  willloitering
• Teen curfew

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Is this Legal?
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Is this legal?
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Petitioning the Government
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Petitioning the Government

• You may sue the government for wrongs
• You cannot be punished for exposing wrongs by the
  government
• The courts decide the wrongs

Poll Tax
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Dear Mr. Gonzalez

• Dear Mr. Gonzalez-
• After seeing this PowerPoint Im left wondering
  if any rights are absolute? Explain this concept
  to your students, so they might have a better
  understanding
• Sincerely,
• Kobe Bryant

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• 1. What are civil liberties?
• 2. List the five Rights of the First Amendment.
• 3. What does separation of Church and State
  mean?
• 4. According to the Establishment Clause, what
  can the government not promote?
• 5. List one freedom of Speech and one limitation.
• 6. List one freedom of Press and one limitation.
• 7. List one freedom of Assembly and one
  limitation.
• 8. Explain why we have the freedom to petition
  (ask) the government.