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
1.Establishment Clause- Gov’t
cannot promote a religion
2.Free Exercise Clause- Gov’t
cannot prevent the practice of
religion
3.The Lemon Test- determines
when a law has the effect of
establishing religion. Law must
be…
1. Secular in its intent
2. Neutral in application (no
favoritism)
3. Avoids excessive gov’t
entanglement
“Congress shall
make no law
respecting an
establishment
of religion, or
prohibiting the
free exercise
thereof”
Freedom of Speech
1.Restrictions
1. 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. Restrictions
1. 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 companies
sued 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