1. First Amendment:
Chapter Thirteen.

2. Why has your textbook
dedicated a whole chapter to
ONE amendment?
 1. Thomas Jefferson said that even IF
you lost all your other civil rights, you
could get them all back if you have your
five freedoms.
 2. How has the fall of the Soviet Union
and the ―Arab Spring‖ proven this?

3. Human Rights
 1. H.R. or
fundamental
freedoms are at the
core of our
constitution.
 2. The Founders said
we have ―Inalienable‖
rights ―Endowed‖ by
YOUR Creator.
 3. What role does
our gov’t play in
regards to these
rights?
 4. It is to protect
them!

4. Incorporation or
Nationalization of the Bill of
Rights.
 1. The B.O.R. at first ONLY protected people from the
Federal government NOT States.
 2. States could abuse our civil rights and they did!
 3. Barron v. Baltimore – 1833.

5. Fourteenth Amendment
 1. This amendment, of 1870, laid the
foundation for Incorporation.
 2. ― No state shall make or enforce any
law which abridge the privileges or
immunities of the citizens of the U.S….‖

6. Plessy v. Ferguson - 1896
 1. This Court decision allowed legal
discrimination of African – Americans.
 2. This began the South’s Jim Crow laws
and the practice of segregation.
―Separate but equal.‖
 3. How can the Court make this ruling
considering the 14th Amendment?

7. Gitlow v. New York - 1925
 1. This case NATIONALIZED or
INCORPORATED the B.O.R.
 2. Free speech is now a basic human
right.
 3. NO state can deny any federal civil
right.

8. Forty-Five Important Words
The 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.
First Amendment

12. Freedom of Religion
Establishment Clause
 1. ―Congress shall
make no laws
respecting
religion.‖
 2. No Federal or
State supported or
favored church.
Free Exercise Clause
 1. Prohibits the
Federal or state
from UNDULY
interfering with
how a
church/religion
practices their
religion.

13. Engel v. Vitale - 1962
1. No organized school prayer.
2. No ―Moment of silence.‖
3. Equal Access Act of 1984.

15. Establishment Clause
Can:
 1. Teach about religions.
 2. Allow VOLUNTARY school
prayer.
 3. Have religious school clubs.
 4. Use school transport to
deliver students to parochial
school.
 5. Use the Bible/Koran/etc. for
cultural/historical/ information.
Cannot:
 1. Set a state religion.
 2. No school
mandatory/organized prayer.
 3. Teach that any religion is
THE religion.
 4. Teach Creationism.
 5. Pay parochial teachers.

17. Free Exercise Clause
 The government CAN’T interfere with the
practice or beliefs of any religion.
 The only exception is IF a person might
harm themselves OR other people.

18. Free Exercise Clause
1. Reynolds v. U.S. 1879.
―…Not free to worship in ways that
violate laws protecting the
health, safety or morals of a
community.‖
Snake handlers or drinking
poison, etc.

19. Flag Salute Cases
1. Minersville v. Gobitis – 1940
Children MUST salute the flag.
2. W. Virginia State Board v.
Barnette – 1943.
Overturned Minersville v. Gobitis.

20. Free Exercise
CAN:
 1. Choose ANY
religion to believe
and follow.
 2. Observe or
practice any
religious belief.
 3. Not believe in any
religion at all.
CANNOT:
 1. Break the law.
 2. Raise children
with out education.
 3. Hurt or potentially
harm yourself or
others.

23. Free Speech
Pure Speech
 1. Talking out loud
to a single
person, group or
to millions.
 2. Any mass
media.
Symbolic Speech
 1. Any
image, picture, ge
sture, art, music,
etc. that conveys
a message.

24. Regulating Speech
Seditious Speech
 1. Advocating the violent
overthrow of the government.
 2. Normally enforced during
national peril.
 3. Supreme Court now has
ruled that you can be
seditious.
Three Constitutional Tests:
 1. ―Clear and present danger.‖
 2. Bad Tendency Doctrine.‖
 3. ―Preferred Doctrine.‖
 OK bombing? – Turner
Dairies.‖

26. Clear and Present Danger.
1. Schenck v. U.S. 1919.
2. ―Clear and present danger.‖
3. ―Can’t yell fire in a crowded movie
theater‖ if no fire exists OR say you
have a bomb on an airplane.

27. Bad Tendency Doctrine.
 1. Gitlow v. New York. 1925.
 2. Speech that MIGHT lead to illegal
action.
 3. Supreme Court ruled against B.T.D.

28. Preferred Position Doctrine.
First Amendment is the most important
freedom and must get the MOST
protection from the Court. 1940’s.
HGS

31. Defamatory Speech
Slander
 1. Telling negative lies about
a person that damages their
reputation.
Libel
 1. Writing negative lies about
a person that damages their
reputation.
 Tabloids? Fighting words?
Student speech.
 2. Absence of Malice?
 Bong Hits....
 911 Truth Now!

32. Free Speech—More Limits
 Sexual harassment.
 Create too much social chaos.
 Extremely crude language in a public forum.
 Disrespectful, vulgar language in schools.
 Hate crimes.
 Robin Williams

33. Freedom of the press
Congress shall make
no law abridging . . .
the freedom of the
press.‖

34. Freedom of the Press.
 1. No Prior Restraint.
 2. Near v. Minnesota. 1931.
 3. Min. Paper called local elected officials ―Gangsters
and Grafters.‖
 4. Min. tried to stop paper.
 5. Court ruled it ―Prior restraint.‖

35. Freedom of Press and Prior
Restraint
 1. New York Times v. U.S. 1971.
 2. Could the U.S. stop the newspaper
from publishing embarrassing information
about the government?
 3. No. The information was truthful and
the government couldn’t use prior
restraint.

37. Trials and Free Press.
 1. Sheppard v. Maxwell. 1966.
 2. Gag orders unconstitutional, EXCEPT
to trial participants.
 3. Press MUST have access to trials.
 4. Why are secret trials bad?

38. Protecting News Sources.
 1. Thirty states have shield laws.
 2. The Federal government doesn’t.
 3. ―Scooter‖ Libby case. 2007.
 4. Why are Shield Laws good or bad?
 5. Congress is now considering a Federal Shield law.
Why do you think some are against this proposed law?

39. Freedom of the Press.
Can Cannot
 Print any political
position.
 Make fun of
people, especially
politicians.
 Expose wrongs by the
government.
 Say things that are not
popular.
 Libel– intentionally
injuring a person’s
reputation by false
facts.
 Disclose defense-
security secrets.
 Detail how to make a
certain weapons.

40. Freedom of Assembly
 Congress shall make no law . . .
Abridging . . . The people to peaceably
assemble‖

42. Freedom of Assembly.
 1. Dejonge v. Oregon. 1937.
 2. Communist public meeting.
 3. ―Peaceful assembly for lawful discussion
cannot be made a crime.‖
 4. Americans still discriminated for political
beliefs during the 20’s 30’s 40’s and 50’s.
 5. McCarthyism.

43. Assembly Continued….
Limits on Assembly.
1. Public property.
2. Limits on parades.
3. Skokie march by Nazis. 1977.
4. ―Hecklers Veto.‖
5. Feiner v. New York. 1950.
6. ―Incite to riot.‖

44. Assembly Continued….
 1. Assembly on PRIVATE property.
 2. NO!
 3. Gregory v. City of Chicago. 1969.
Government can’t stop peaceful
assembly.

45. Assembly Continued….
Freedom of association. Unless a
group is PLANNING a violent act,
they have every right to meet.

46. Freedom of Assembly--
Individual
Can Cannot
 Protest Peacefully.
 Parade with a
permit.
 Belong to any
Political party.
 Gang members
can congregate in
public. Except
Oakland?
 Protest using or
threatening
violence.
 Hang out on private
land against
owners will or
loitering.
 Be out after teen
curfew.

48. Petition
 Allows people to ask
the government to
change a court
decision, law, or
other governmental
action.
 Works with the right
to assemble by
allowing people to
come together to
pursue a change

50. Harry S Truman, 1950
“In a free country we
punish men for crimes they
commit, but never for the
opinions they have.”