The First Ten Amendment

to the Constitution:
The Bill of Rights

The First Amendment

nWhat is the First Amendment?
nWhat controversies has the First Amendment caused?
 What is the Bill of Rights?
n The Bill of Rights is a
list of individual /
personal liberties
given to all citizens
n Your basic rights

n In the US:
n The first ten
amendments to the
US Constitution
 What was the Bill of Right now
originally in the US Constitution?
n Time
n When the Constitution
Convention wrapped up
it had been five (5)
month!!!

n Many of delegates had

not been home / wanted
to finish and leave!!!!!
n Threatened the signing of
the Constitution as a
whole
 The First Amendment
(5 rights mentioned)
n Freedom of Speech
n Freedom of Religion
n Freedom of the Press
n Freedom of Assembly
n Right to Petition the
Government
Freedom of Religion
n Congress shall make no law respecting an
establishment of religion or prohibiting
the free exercise there of
n Two clauses:
n Establishment clause
n Free Exercise clause
 What is the Establishment Clause ?
n The Establishment
Clause prohibits the
government from
establishing an official
church or religion

n In Europe, churches
controlled governments
& discriminated based on
that
n Founding Fathers wanted
to avoid that
Schools & Establishment Clause
School Vouchers
Evolution vs. Creationism
Roberts v. Ravenwood Church of Wicca (1982)
Equal Access
Establishment Clause
Cans Cannot
n Teach about religions n Set a state religion
in school n Government cannot
n Allow voluntary order a prayer
prayer in many
examples n Teach religious
n Transport students to doctrine in the school
a religious school n Pay seminary
n Read Bible for culture teachers
or literacy content n Teach creationism
What is the Free Exercise Clause?
n The Free Exercise
Clause prevents the
government from
restricting a citizens
religious expression

n In Europe, we had the

Inquisitionenough
said!!!!
Polygamy
Saluting the Flag
Free ExerciseThe person
Can Cannot
n Choose whatever n Break the law and
religion claim it is religious
n Lead a prayer in most belief
examples n Raise children
n Ask questions about without education
religions n Deprave children of
n Worship who ever basic needs
you want
Freedom of speech
n Congress shall make no laws . . .
abridging the freedom of speech
Free speech The individual can:
n Say any political belief
n Protest (without getting out of control)
n Say things about someone that are true
n Burn the flag
n Say racist and hate slogans
n Free speech means someone might say
something you disagree with
Hate Speech / Skokie, Illinois
(1977)
Burning the American Flag
Money as Free Speech?
Buckley v. Valeo (1976)
Free speechlimits on the person
n Threaten to blow up airplanes, schools or the
president (terrorism)
n Sexual harassment
n Creating social chaos (FIRE!!!!)
n Extremely crude language in a public form (town
hall meeting, etc.)
n Disrespectful, vulgar language in schools
n Hate crimes
n Speech that incites illegal actions
n Fighting words = abusive / insulting language
Swearing in School
 Free Speech in School
Tinker v. Des Moines School District (1969)
Free Speech & The Internet
Freedom of the press
n Congress shall make no
law . . . abridging . . . the
freedom of the press.

n Themes:
n The Watchdog of
Democracy
n Protecting sources
How did Freedom of the Press originate?
n During the
Revolution,
newspapers were the
main form of
communication

n The British tried to

shut down colonial
newspapers /
imprisoned editors
Woodward & Bernstein / Watergate (1974)
Deep Throat / Mark Felt
All the Presidents Men (1976)
Should reporters be allowed to
keep sources secret?
School Newspapers & Freedom of Press
Hazelwood School District et al. v. Kuhlmeier (1988)
Freedom of the press-the press
Can Cannot
n Print any political n Intentionally injuring
position a persons reputation
n Make fun of people, by false facts (libel)
especially politicians n Disclose defense-
n Expose wrongs by the security secrets
government n Detail how to make a
n Say things you might certain weapons
not agree with
Valerie Plame & The Press
Freedom of Assembly
n Congress shall make no law . . .
Abridging . . . The people to peaceably
assemble
Freedom of Assembly--Individual
Can Cannot
n Protest n Protest by
n Parade (with a throwing rocks and
permit) breaking windows
n Parade chanting n Hang out on
hate slogans private land
n Gang members can against owners will
congregate in loitering
public n Teen curfew
Freedom of Association / Oaths
Petition the Government
n Congress shall make no law . . .
Abridging . . . the people. . . to petition the
government for a redress of grievances
Petition the government
n You may sue the government for wrongs
n You cannot be punished for exposing
wrongs by the government
n The courts decide the wrongs