First Amendment

First 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.”

Freedom of Religion

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”

1.Establishment Clause- Gov’t cannot promote a religion2.Free Exercise Clause- Gov’t cannot prevent the practice of religion3.The Lemon Test- determines when a law has the effect of establishing religion. Law must be…

1. Secular in its intent2. Neutral in application (no

favoritism)3. Avoids excessive gov’t

entanglement

Freedom of Speech

1.Restrictions1. Speech may be limited if it

causes clear and present danger to public safety or national security

1. Gov't may restrict speech that can cause immediate physical injury to others (Example: yelling "fire in a crowded theater would cause panic)

2. Incitement Standard- Speech must cause listeners to be likely to commit immediate illegal acts for it to be illegal

2. Slander- making false, damaging spoken statements about someone

Freedom of the Press

1. Prior Restraint- The gov’t cannot prevent material from being published (censorship)

2. Restrictions

1. Libel- anything written that damages a person's reputation using false facts

2. Obscenity- Offensive sexual conduct depicted

A Word About Defamation

1. Defamation is a false statement that hurts someone's reputation.

1. Includes libel and slander

2. To prove defamation, the statement must meet the following criteria:

1. Published

2. False

3. Injurious

4. Unprivileged

3. Public figures must prove "actual malice" as well

1. Actual Malice- knew it was false

Freedom of Assembly

1. You have the right to gather and protest the gov’t

2. Restrictions1. Gov’t can regulate time and place (rush hour, etc)

Freedom to Petition

1. Citizens (and states) may sue the gov’t

*FDA-enforced warning labels on cigarettes, over which the tobacco companiessued the federal gov’t.

Activity: Is It Protected by the First Amendment?

Read the following scenarios. Write down whether or not the situation is legal and which one of the following apply:-Clear and Present Danger (CPD)-Libel-Slander-Free Exercise Clause -Establishment Clause-Prior Restraint-Freedom of Speech

Practice

Robert yells "SALE ON PS3's!!!" in the middle of Walmart on Black Friday as a joke.Is it Legal? No= Clear and Present

Danger.

1

Chris was late to football practice and his coach made him run sprints. Chris was upset. Later that night, he texted several friends and falsely accused his football coach of being drunk at practice. Parents see the text. His coach is fired a week later. Is it Legal?

2

After several students complain, the principle asks Jennifer to stop saying her short, silent prayers every day before she eats her lunch at her public school. Is it Legal?

3

A public school in New York City builds a room on it's campus that is specially designed for Muslim students to use to pray.Is it legal?

4

Holly is mad at her teacher, Mrs. Jackson, because she gave a pop quiz and Holly hadn't studied. At lunch, she posts on Facebook that Mrs. Jackson is a "dumb b_____ who sleeps around with kids at school". The next day, Mrs. Jackson is put on a leave of absence as a result of the rumors.Is it legal?

5

A magazine publishes an article about former president Clinton, claiming he is an alien from outer space and that his mission on earth is to discover our weaknesses in order to prepare for an alien invasion.Is it Legal?

6

The state of Florida passes a law that makes teaching the Biblical version of creation a requirement in all biology classes.Is it legal?

7

Ben is the president of the Nazi Party of North America. He begins a campaign to recruit more members, which includes mailing out pamphlets that outline the party's beliefs. The pamphlets do not promote violence against Jews or any other group, but many people are offended by the pamphlets.Is it Legal?

8

A television talk show host calls President Obama "a socialist" and goes on to explain that Obama is intentionally ruining America's economy.Is it Legal?

9

A magazine is going to publish a tell-all article about the Governor of California. The Governor finds out about the article before it is published and orders the magazine not to publish it.Is it Legal?

10

A teenager wears a shirt to the mall that has a picture of a Jewish person on the front and says "Kill Them All" on the back.Is it Legal?

11

Two women are standing outside the courthouse when OJ Simpson is found not guilty. One of them sees OJ's attorney and shouts to the angry crowd "There's OJ's attorney, let's get him!"Is it Legal?

12

Every day, a man goes to ASU's campus and preaches about the Bible. He even singles out students walking by, pointing at girls wearing short skirts and calling them "whores", as well as saying that playing violent video games is "evil and sinful" and will "send you straight to hell".Is it Legal?

13

A man is giving a heated speech on a street corner. In the middle of his rant against the United States and its legal system, he yells "Kill all the lawyers!"Is it Legal?

14

Angry after his breakup with Beth, John prints an anonymous flier that reveals everything he knows about her family, including the fact that her father was caught having an affair with his secretary. Is it Legal?

15

As a joke, Phil stands up in the middle of a school assembly and yells "Bomb!", causing a panic. Several students are injured.Is it Legal?

Answers

1

Chris was late to football practice and his coach made him run sprints. Chris was upset. Later that night, he texted several friends and falsely accused his football coach of being drunk at practice. Parents see the text. His coach is fired a week later. Is it Legal? No= Libel

2

After several students complain, the principle asks Jennifer to stop saying her short, silent prayers every day before she eats her lunch at her public school. Is it Legal? No= Free Exercise Clause

3

A public school in New York City builds a room on it's campus that is specially designed for Muslim students to use to pray.Is it legal? No= Establishment Clause

4

Holly is mad at her teacher, Mrs. Jackson, because she gave a pop quiz and Holly hadn't studied. At lunch, she posts on Facebook that Mrs. Jackson is a "dumb b_____ who sleeps around with kids at school". The next day, Mrs. Jackson is put on a leave of absence as a result of the rumors.Is it legal? No= Libel

5

A magazine publishes an article about former president Clinton, claiming he is an alien from outer space and that his mission on earth is to discover our weaknesses in order to prepare for an alien invasion.Is it Legal? Yes= Freedom of Speech

6

The state of Florida passes a law that makes teaching the Biblical version of creation a requirement in all biology classes.Is it legal? No= Establishment Clause

7

Ben is the president of the Nazi Party of North America. He begins a campaign to recruit more members, which includes mailing out pamphlets that outline the party's beliefs. The pamphlets do not promote violence against Jews or any other group, but many people are offended by the pamphlets.Is it Legal? Yes= Freedom of Speech

8

A television talk show host calls President Obama "a socialist" and goes on to explain that Obama is intentionally ruining America's economy.Is it Legal? Yes= Freedom of Speech

9

A magazine is going to publish a tell-all article about the Governor of California. The Governor finds out about the article before it is published and orders the magazine not to publish it.Is it Legal? No= Prior Restraint

10

A teenager wears a shirt to the mall that has a picture of a Jewish person on the front and says "Kill Them All" on the back.Is it Legal? Yes= Freedom of Speech

11

Two women are standing outside the courthouse when OJ Simpson is found not guilty. One of them sees OJ's attorney and shouts to the angry crowd "There's OJ's attorney, let's get him!"Is it Legal? No= CPD

12

Every day, a man goes to ASU's campus and preaches about the Bible. He even singles out students walking by, pointing at girls wearing short skirts and calling them "whores", as well as saying that playing violent video games is "evil and sinful" and will "send you straight to hell".Is it Legal? Yes= Freedom of Speech

13

A man is giving a heated speech on a street corner. In the middle of his rant against the United States and its legal system, he yells "Kill all the lawyers!"Is it Legal? Yes= Freedom of Speech

14

Angry after his breakup with Beth, John prints an anonymous flier that reveals everything he knows about her family, including the fact that her father was caught having an affair with his secretary. Is it Legal? Yes= Freedom of Speech

15

As a joke, Phil stands up in the middle of a school assembly and yells "Bomb!", causing a panic. Several students are injured.Is it Legal? No= CPD