THE FIRST AMENDMENT-Ch4,
Sec 1
Quote from Thomas Jefferson--• Were it left to me to decide whether we
should have a government without
newspapers, or newspapers without a
government, I should not hesitate a moment
to prefer the latter.”
– What do you think he meant?
BILL OF RIGHTS
• 1st 10 Amendments to the Constitution
• Added in 1791
• Many of the Anti-federalists (people against
the new Constitution), agreed to vote for the
Constitution because the Federalists agreed to
the addition of a Bill of Rights
• Protects the people from actions of the
government that take away our liberty
1st 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 peaceable to
assemble and
• petition the government for a redress of
grievances.
1st Amendment
• Regarded as the most important
• “Congress shall make no law” has been
interpreted by the Supreme Court to mean
“the government (national, state or local) shall
make no law or take any action.”
1st Amendment
• It is the government that cannot interfere with
your freedoms
• The 1st Amendment does apply not your
parents, private employers, others not
connected with the government
• Public schools (but not private schools) are
part of the government
1st Amendment
• 5 Freedoms
– Religion-the government can’t support a religion,
but also can’t prohibit us from exercising the
religion of our choice.
– Speech-express ourselves freely by words or
symbolic actions
– Press-express ourselves freely in writing
– Assembly-meet openly with others
– Petition-right to express our views and have them
heard by those in the government
Freedom of Religion
• Desire for freedom of religion was part of the
reason why some of the earliest colonists
came to America
• Congress shall make no law (the government
will not)
– “establish a religion”-establishment clause
– “prohibit the free exercise thereof”-free exercise
clause
Freedom of Religion-Establishment
Clause
• The government will not take any action that
promotes a religion, or connects the
government closely with a religion.
• When this was written, most European
countries had an “established”, or official,
religion. The government supported and
favored a particular Church (Catholic,
Lutheran, etc)
• Establishment clause examples:
– No teacher-led prayer, or other official prayers, in
public schools. However students have the right pray
on their own.
– A holiday display on government property may show a
Christmas tree or a dreidel, but not a manger season
or menorah (government offices can have decorations
that celebrate the secular parts of the holidays)
– plaque of the 10 Commandments may not be
displayed in a Courtroom
Freedom of Religion
• Free exercise clause-the government will not take any
action that hinders a person from practicing the
religion of their choice.
• Examples:
– Native American tribes who use peyote for religious rituals
can go on using it (despite anti-drug laws)
– People of the Santeria religion (from Haiti) can slaughter
chickens (despite a city law against slaughtering animals
within city limits)
– Amish people don’t have to send their children to High
School (despite a law saying kids must go until they are 16)
– However: Christian Scientists don’t believe in blood
transfusions. If a child needs a blood transfusion to live,
the state can take custody of the child and allow the
transfusion. There is compelling interest.
Freedom of Speech
• In many countries today, people can be jailed for criticizing
the government.
• Freedom of speech means we can express our thoughts
without punishment by the government
• The reason for this is that truth becomes stronger when it is
challenged. If people are exposed to different opinions,
they can decide for themselves what is true and what is
false
• All dictatorships thrive on censorship. If the government
can’t prohibit the expression any opinions, even bad ones,
it certainly can never prohibit the good ones. Allowing the
bad opinions, ultimately protects the good opinions!!!
• Spoken word, telephone, TV, even symbolic expression of
ideas.
Freedom of Speech
• Tinker v. DeMoine
– Mary Beth & John Tinker & another friend wore black
armbands to school (a public school) to protest the
Vietnam War.
– They were suspended.
– Supreme Court held that the suspension was illegal
because they were expressing their opinion
peacefully.
– Majority –Abe Fortas: Their actions were akin to pure
speech.
– Minority-Hugo Black: This leads to permissiveness in
schools.
Freedom of Speech
• Limits to Freedom of Speech in Public Schools
(Private Schools have no right of free speech).
Expression of opinion must be
– Non-disruptive. Cannot be out of place or
disruptive in the classroom.
– No profanity or vulgarity.
– Schools can have dress codes.
Free Speech-held not protected
AN EXTREME EXAMPLE
• Neo Nazis ask for a parade permit to march in Skokie
Illinois, which was home to many Jewish holocaust
survivors.
• Jewish community was divided
– Some opposed giving them the parade permit. It was too
painful and insulting to the holocaust survivors.
– Others said they should be allowed to express their
opinion, no matter how much we hate that opinion.
– The Neo Nazis were represented by the ACLU (American
Civil Liberties Union). A Jewish ACLU lawyer defended
them!
• It was held that they had the right to the parade
permit. However, they wound up having the march in
Chicago, not Skokie.
Limits
• The government can regulate pornography.
• The government can put reasonable limits on time and
place (like its O.K to say you can’t turn on a loudspeaker in
a neighborhood at night), but not content (the content of
what is being said).
• Freedom of speech doesn’t apply to situations in which the
“speech” is likely to cause a serious danger, like shouting
“fire” (when there is no fire) in a public place, thus causing
a stampede! This isn’t an opinion, it is more like an action
• Freedom of speech doesn’t apply to serious threats. These
aren’t opinions—they are the precursors of action. Again,
this isn’t an opinion, its more like an action.
• EXCEPT FOR A FEW EXCEPTIONS<
THE GOVERNMENT CANNOT
PROHIBIT ANYONE FROM
EXPRESSING THEIR OPINION<
NO MATTER HOW OBNOXIOUS
IT IS!!!!!!
• This is a close to an absolute as
anything can get in the law.
Freedom of the Press
• Freedom of the Press means we
can express ourselves freely in
writing & print. The government
cannot practice censorship (without
a compelling reason).
• Used to include books, newspapers,
etc.
• Now includes other media: radio,
TV, internet.
• The reason: It is good for people to
be exposed to a wide variety of
viewpoints.
FREE SPEECH & PRESS LIMITS
• Protection of Freedom of Speech & Press has
limits. If there is a compelling reason, free speech
& press can be limited:
• Speech or writing that may cause a danger (yelling
fire in a crowded place) , a riot or violent behavior.
• Speech or writing that urges someone to commit a
crime.
• Slander-false spoken statements that hurt another
person’s reputation) ; Libel –false written statements
that hurt another person’s reputation
• Obscenity
• Time and place may be regulated.
Freedom of the Assembly
• Freedom to hold meetings, parades, rallies.
However, governments can regulate the time
and place; for example, they may require
parade permits
• Freedom of Assembly implies freedom of
association—the right to form clubs, political
parties, or other groups with people whom we
choose.
Freedom to Petition
• Freedom to petition the government for a
redress of grievances.
• This is the right to express your opinion to the
government: write letters to representatives,
etc.