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1st Amendment Rights
History of the Bill of Rights
Constitution was ratified without the Bill of Rights (1789)
1791 10 Amendments were addedThese amendments guaranteed certain
freedoms and rights
First Amendment
Congress shall make no law respecting the 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.
GRASP
G – Grievance (petition)
R – Religion
A - Assemble S – Speech
P - Press
Grievance (petition)
Citizens can ask for changes in the gov’tThey can call or write letters to elected
representatives, collect and present signatures, or join others to form groups that will have a greater influence on the gov’t than a single individual could.
Religion
Gov’t cannot establish an official religion
Citizens have freedom to attend a church, synagogue, temple, or mosque of their choice, or not to attend at all.
Establishment Clause
Gov’t cannot establish, cannot endorse, cannot favor one religion over another
Free Exercise Clause
Government cannot prevent you from practicing a religion you choose, provided it does not violate laws.
Thomas Jefferson
1st Amendment built “a wall of separation between church and state”
Separationists v Accommodationists
Separationists agree with TJ – private religion should remain private
Accommodationists – state can accommodate religion as long as it shows no preferencePrayer in school okPublic aid to PAROCHIAL schools okPosting 10 Commandments ok
Lemon Test
-Secular intent (non religious)-Effect that neither advances nor Inhibits religion-No excessive entanglement
Assembly
People can come together in public and private gatherings.
They can join groups for political, religious, social, or recreational purposes
By organizing, people can spread their ideas more effectively
Speech
Speech
The First Amendment keeps the gov’t from making laws that might stop us from saying what we think.
People have the right to criticize the gov’t and share their opinions with others.
Libel v Slander
Libel – false, malicious use of written speech
Slander – false, malicious use of spoken word.
What is symbolic speech?
Statements made nonverbally through actions or objects
Art uses images instead of spoken words
Symbolic Speech Court Cases:Tinker v Des MoinesTexas v JohnsonFrederick v Morse
Tinker v Des Moines
Tinker siblings were going to wear black armbands to school protesting the Vietnam War
School found out, said if they came to school with them on, they would be suspended
Tinker siblings came to school, were suspended, and took the case to the S.C
Court sided with Tinker“Students do not shed their constitutional
rights when they enter the school house gates.”
School needed to prove that wearing the armbands would have significantly disrupted the educational process
This case is an important precedent
Texas v Johnson
Johnson was protesting the Reagan administration and burned the American flag.
He was convicted under state statute and appealed his conviction to the S.C.
Court ruled in favor of Johnson
In response to that, the gov’t passed the Flag Protection Act
Eichman v United States – found that law to be unconstitutional
You can burn a flag in political protest
Frederick v Morse
Press
The gov’t cannot completely control what is printed in newspapers and books, broadcast on radio and television, or offered online.
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