1st Amendment
Why the Bill of Rights?
The Bill of Rights is designed to _________________________________________ against the overuse of power by the
_____________________________________________.
 The _______ Amendment (equal protection under the law) applies the protections in the Bill of Rights to
________________ and ______________ governments (including __________________________________).
3 Basic Constitutional Principles
1. Constitutional rights are ______________________________________.
 The unrestricted exercise of certain rights would eventually restrict the rights of others.
 You can exercise your rights until the point that it ______________________ on the rights of others, endangers
____________________________, or __________________________________.
2. The Constitution protects citizens from certain actions by the ______________________, NOT other
____________________, ___________________________, or _________________________.
 Many ______________________________ (though no unconstitutional) have been made ________________
by congressional or state legislative action.
3. There are ________________________________________________ that are NOT explicitly written in the
Constitution.
 Remember the _______ Amendment
The 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 peacefully to assemble, and to petition the
Government for a redress of grievances.”
Freedom of Speech/Expression
What types of speech and expression are protected by the 1st Amendment?
Why is freedom of speech important, even when the speech/expression is unpopular?
 Provides Americans with a “_______________________________________________________”
 Rather than the government establishing one notion of “truth,” freedom of speech enables the truth to emerge
from the ________________________ and ____________________________ of diverse opinions
When a person speaks publicly, there are 2 elements present: _____________________   ______________________
 Freedom of speech depends on how these elements interact in different situations.
_____________________________ – anything that treats ____________ or ______________ in an offensive or lewd
manner, exceeds recognized standards of decency, and lacks serious literary, artistic, political, or scientific value.
Obscenity Test – (Miller v. California, 1957) – 3-part test to determine _______________________________________
___________________________.
1. Would the average person applying contemporary community standards find that the material, taken as a whole,
appeals to prurient (overly-sexual) interests?
2. Does the work depict or describe, in a patently offensive way, sexual conduct specifically outlawed by applicable
state law?
3. Does the work taken as a whole, lack serious literary, artistic, political, or scientific value?
YES to any of the questions  __________________________ (but maybe still protected by the 1st Amendment)
Incitement Test – (Brandenburg v. Ohio, 1968) – 2-part test to determine if speech ________________________
______________________ or _______________________________________.
1. Is the speech “directed at inciting or producing imminent lawless action?” (for the purpose of ________________
illegal actions)
2. Is the speech “likely to incite or produce such action?” (likely to _________________ in illegal actions?)
YES to either of these questions  ____________________________________________________________________
Background
Texas v. Johnson (1988)
Speech, Obscenity, and Incitement
Constitutional Question
Ruling
_________ in favor of _________________
Johnson burned an
____________________
Johnson’s actions had a distinctively
___________________ on the steps of
Dallas City Hall to protest President
Reagan’s administration.
_______________________________ and were
Tried and convicted of criminal activity
due to a Texas law outlawing flag
desecration  1 year in jail + $2000 fine
Is the desecration of the
US flag a form of
expression protected by
the 1st Amendment?
NOT ___________________ dangerous or
illegal actions.
The government ____________________
_____________________ the expression of an
idea simply because society finds the idea itself
__________________________.
Commercial speech –


Ban on commercial speech that is _______________________ or ________________________________
Limits on commercial speech for certain products
o Example:
Defamation –




NOT protected by freedom of speech
Spoken lies - _____________________
Written lies - ____________________
If a statement is __________________________________________, defamation has not occurred.
Hate speech –


Protected by the 1st Amendment as long as it doesn’t ___________________________________________ or
make others ________________________________________________________.
While legal, it can be unpopular thus creating social backlash.
o Examples:
Snyder v. Phelps (2010)
Hate Speech
Constitutional Question
Background
Ruling
_________ in favor of _______________
________________________________
st
_______________________ picketed at the
funeral of deceased Marine Matthew Snyder
Family sued WBC for ______________________,
emotional distress, and invasion of privacy
Snyder family awarded $5 million in damages
Does the 1
Amendment protect
protesters at a funeral
from liability for
intentionally inflicting
emotional distress on
the family of the
deceased?
The 1st Amendment _________________
those who stage a protest at the funeral of
a military service member from liability,
even if the speech is found to be
“____________________________.”
US Court of Appeals said the judgment violated
WBC’s freedom of speech

Freedom of Religion
The right to ____________________ and ____________________________ any religion.

The right to have _______________________________________________________ at all.
Separation of Church and State
 ____________ in the Constitution.
 In a letter from __________________________________ to the Danbury Baptist Association in 1802.
WHY Separation of Church and State?
 Protect _____________________________ from being corrupted by the ________________________.

Protect _____________________________ from corruption cause by __________________________________.

2 Pronged Freedom – Establishment Clause
“Congress shall make no law respecting an establishment of religion.”
o
Prohibits the federal establishment of a _______________________________________________.
o
Prohibits federal interference with ____________________________________________________.
Background
Lemon v. Kurtzman (1971)
State Establishment of Religion
Constitutional Question
_________ in favor of _______________
PA and RI governments gave ________________
assistance to non-public schools
(“_________________________________
educational institutions.”)
Ruling
Did PA’s and RI’s laws
violate the
Establishment Clause
by making financial aid
available to private
religious schools?
The aid is unconstitutional because the
laws don’t a primarily ________________
purpose and it _____________________/
______________________ one religion.
Created the ____________________ Test
Lemon Test – a 3-part test to determine if laws ___________________________________________________________.
“A law is constitutional if it…”
1. Has a primarily ___________________ (non-religious) purpose.
2. Neither principally __________________ nor ___________________ religion.
3. Prevents the government from becoming _____________________________________________________ with
religion.
Laws must pass ___________ 3 parts.
Background
Rhode Island’s Pawtucket Mayor
(Lynch) defended a Santa Claus
house, a Christmas tree, a
__________________________
_________________, and a
banner reading “Season’s
Greetings” placed in a major
shopping district.
Lynch v. Donnelly (1984)
State Endorsement of Religion
Constitutional Question
Ruling
_________ in favor of _______________
The display did ___________________________ a
Did the inclusion of the
nativity scene in the city’s
display violate the
Establishment Clause?
particular religious message and it had “legitimate
____________________ purposes” and was
_______________________________ in place every
season.
Created the ________________________ Test
Endorsement Test – “A government action is unconstitutional if it creates a ____________________________ in the
mind of a ________________________________________ that the government is either __________________________
or _________________________________ of religion.



VAGUE
Recent SC 5-4 decision allowing prayer at the beginning of government meetings even if it plainly favors a
specific religion.
2 Pronged Freedom – Free Exercise Clause
“Congress shall make no law… prohibiting the Free Exercise thereof…”
o
Prohibits federal interference with an ____________________________________ religious practice
o
_____________________________ - free to practice until ___________________________________
are committed, ______________________________ is endangered, and the rights of other are
_____________________________ upon.
Background
2 Native Americans employees at a
private drug rehabilitation facility,
ingested _______________________
(hallucinogen) as part of a religious
ceremony and were subsequently fired.
They filed a claim for unemployment
benefits but the gov’t denied the claim
Employment Division v. Smith (1989)
Freedom of Religious Exercise
Constitutional Question
_________ in favor of _______________
Can a state deny
unemployment benefits to a
worker fired for using illegal
drugs for religious purposes?
Individuals are free to exercise their religious
practices, per the Free Exercise Clause.
However, this right ends when the exercise
_______________________ established
_______________.
due to the “_____________________.”
Ruling
Freedom of the Press
Why Freedom of Press?
 To protect the right to ____________________ and ______________________ information or opinions without
government _____________________________ or ____________________________________________.
o
Prevent government _________________________/____________________ of power.
o
Create ___________________________________ in society about facts and opinions.
History of Freedom of the Press
 1773 - ______________________________________
o
German immigrant, printed the ______________________________________________________
o
Printed articles harshly criticizing the _____________________________________________________
(accused him of rigging elections, etc)
Jailed for criticizing government and refusing to name the anonymous authors  charged with
o
___________________ (at the time, a libel charge was brought against anyone criticizing the
government, regardless of truth or falsity)

Jury was packed with people _______________ by the governor

Zenger’s wife published articles about the _____________________________________________  new jury
with ___________________________________ and a new ________________________

Attorney admitted that Zenger printed the articles but demanded that the prosecution _______________________
__________________________________________.

Judge ordered the jury to convict Zenger if they believed he published the articles.

Jury said _____________________________  ____________________________ for freedom of the press.
Background
Near v. Minnesota (1929)
State Endorsement of Religion
Constitutional Question
Ruling
_________ in favor of _______________
Jay Near published a _________________
_________________ in Minneapolis,
accusing local officials of being involved
with “gangsters”
Minnesota officials obtained an injunction
to prevent Near from publishing the articles
based on a state
__________________________
prohibiting publishing “lewd” or
“nuisance” materials
The state law was unconstitutional as the
Does the Minnesota gag
law violate the free press
provision of the 1st
Amendment?
government could not __________________
or ______________________ a publication
when it simply ________________________
with the text.