The First Amendment Allie Geller, Megan McClintock, Anna

Robinson, Sarah Johnson, Cody Kinsey

• “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.”

• -U.S Constitution

• “The government is not allowed to establish a national religion, nor are they allowed to infringe on your ability to say what you want, print what you want, and assemble for a cause when you want.”

Five Basic Freedoms

Freedom of Religion

Freedom of Speech

Freedom of Press

Freedom to Assembly

Freedom to Petition

Thomas Jefferson said...

• “A democracy cannot be both ignorant and free.”

Religion

“The guarantee of freedom of religion is both a protection of religious thought and practice and a command of separation of church and state.”

•-Textbook

Religion

Establishment Clause

Made to prohibit-

1.Establishment of national national religion

2.Preference of one religion over another

Religion

History of Establishment Clause

Drafted by Thomas Jefferson in 1777

Passed in 1786

Supports church + state separation

Addresses minority faiths

County of Allegheny v.American Civil Liberties Union

Holiday displays on courthouse

Nativity creche and 18-ft Menorah

Constitutional concerns

Endorsement of Christianity and Judaism

Words on creche “Gloria in Excelsis Deo”

Ruled unconstitutional, removed

Religion

Free Exercise Clause

Allows Americans to:

1.Practice any type of religion

2.Have an absence of one

• No laws passed that interfere

Religion in Schools

Conflict with free exercise in school

Students allowed to pray on own

School cannot interfere with student’s practice

Rastafarianism Conflict

Conflicting views on marijuana use

1991, Ben Guerrero arrested with possession

Argued this was exercising his religion

Courts determine they can have it

Cannot trade it

Speech

“Congress shall make no law [...] abridging freedom of speech.”

Symbolic

Nonverbal

Pure

Written or spoken

Speech

Two forms of defamation

Libel

Written

Slander

Spoken

Symbolic Speech

Texas v. Johnson (1990)

Burning of American flag

Constitutional

No injuries/threat thereof

No serious disturbance

Symbolic Speech

United States v. O’brien (1968)

Burnt draft cards

Unconstitutional

Disturbed government interests

Pure Speech

West Virginia Board of Education v. Barnette (1943)

Right not to speak

Saluting the flag is not required

Constitutional

Pure Speech

Bethel School District v. Fraser (1985)

Obscene speech at school

Unconstitutional

Vulgar/offensive language

Public schools protect students

Press“Congress can not make any laws prohibiting the free exercise of press.”

New YorK Times VS. United States

Daniel Elisberg (Former Defense department)

“Pentagon papers” leaked to NY Times, 1971

Government was concerned

Ruled in favor of NY Times

Executive Branch’s Responsibility

NY Times published documents

Assembly

The right of people to assemble as groups and deliberate about public relations impacting society.

Petition“The right to petition is given to citizens and ensures that they can petition against anything without being censored by congress.”

Gregory v. Chicago 1969

Dick Gregory marches for integration in schools

Marchers harassed brutally

Police inactive, violence escalates

Marchers convicted of disorderly conduct

Violates constitutional rights, acquitted

Works Cited• "Americans United." Prayer And The Public Schools. N.p., n.d. Web. 11 Sept. 2013.

• "Christmas Tree Removed from Courthouse." The Orange County Register. N.p., n.d. Web. 10 Sept.

2013.

• "Establishment Clause of the First Amendment." Wikipedia. Wikimedia Foundation, 21 Aug. 2013. Web. 10

Sept. 2013.

• "The First Amendment in History." The History of the First Amendment. N.p., n.d. Web. 10 Sept. 2013.

• "The Free Automatic Bibliography and Citation Generator." EasyBib. N.p., n.d. Web. 11 Sept. 2013.

• "Free Exercise Clause." LII. N.p., n.d. Web. 11 Sept. 2013.

• N.p., n.d. Web.

• "Rastafarian Religion Marijuana RFRA Federal Court." Rastafarian Religion Marijuana RFRA Federal

Court. N.p., n.d. Web. 11 Sept. 2013.

• "Texas v. Johnson." Texas v. Johnson. Cornell, 21 Mar. 1989. Web. 12 Sept. 2013.

• "United States v. O’Brien | Casebriefs." Casebriefs. N.p., n.d. Web. 11 Sept. 2013.

• "United States v. O'Brien." United States v. O'Brien. Cornell, 24 Jan. 1968. Web. 11 Sept. 2013.

• "WEST VIRGINIA STATE BOARD OF ED. v. BARNETTE." West Virginia State Board of Ed. v.

Barnette. N.p., n.d. Web. 11 Sept. 2013.

• "What Does Free Speech Mean?" USCOURTSGOV RSS. N.p., n.d. Web. 11 Sept. 2013.