The First Amendment

Objective: Evaluate the role of the First Amendment

1st Amendment – Civil Liberties

• Civil Liberties are the personal rights and freedoms that the federal government cannot be taken away by law, constitution, or judicial interpretation.

• These are limitations on the power of government to restrain or dictate how individuals act.

First Amendment- The Five Rights of the

• Freedom of Religion• Freedom of Speech• Freedom of the Press• Freedom of Assembly• Right to petition the government

First Amendment- Drafting

• They asked, “Should we establish a religion or not?”

• Thomas Jefferson wrote that there should be “a wall of separation between church and state.”

The Establishment Clause

• A government cannot promote religion

• What is the purpose of the Establishment clause?

The Establishment Clause

Governments can:

• Teach about religions in school

• Allow voluntary prayer in many examples

• Transport students to a religious school

• Read Bible for culture or literacy content

The Establishment Clause

Governments cannot:

• Set a state religion

• Government cannot order a prayer

• Teach religious doctrine in the school

• Pay seminary teachers

• Teach creationism

The Supreme Court and the Establishment Clause

• The Supreme Court has held fast to the rule of strict separation between church and state when issues of prayer in public school are involved.

Establishment Clause - The Free Exercise Clause

• Congress shall make no law… prohibiting the free exercise thereof (religion)” is designed to prevent the government from interfering with the practice of religion.

• This freedom is not absolute.• Several religious practices have been ruled

unconstitutional including:– Snake handling– Use of illegal drugs– polygamy

• Nonetheless, the Court has made it clear that the government must remain NEUTRAL toward religion.

Establishment Clause – See you at the Pole!

• Student participation in before-or after-school events, such as “see you at the pole,” is permissible.

• School officials, acting in an official capacity, may neither discourage nor encourage participation in such as event.

The First AmendmentFreedom of religion, speech, press, assembly, and

petitionBasic Freedoms-NO FREEDOM IS ABSOLUTE!I. Religion

A. Separation of church (religion) and state (government)B. Establishment clause

i. Your government cannot establish a religionii. It cannot get rid of a religion

C. Exercise clause i. Cannot restrict the way you practice your religion

ii. Cannot force you to practice in a certain way

Speech – The Freedom of Speech

• “Congress shall make no laws . . . abridging the freedom of speech.”

Speech – What can the Individual say under Free Speech?

• Say any political belief• Protest (without getting out of

control)• Say things about someone that

are true• Burn the flag• Say racist and hate slogans• Free speech means someone

might say something you disagree with

Speech – Limits to Free Speech

• Threaten to blow up airplanes, schools or the president

• Sexual harassment• Create too much social chaos• Extremely crude language in a

public form• Disrespectful, vulgar language in

schools• Hate crimes

Freedom of Press

Can Cannot

• Print any political position

• Make fun of people, especially politicians

• Expose wrongs by the government

• Say things you might not agree with

• Libel– intentionally injuring a person’s reputation by false facts

• Disclose defense-security secrets

• Detail how to make certain weapons

Freedom of Press

Freedom of Assembly

Freedom of Assemblycans cannot

• Protest

• Parade (with a permit)

• Parade chanting hate slogans

• Gang members can congregate in public

• Protest by throwing rocks and breaking windows

• Hang out on private land against owners will—loitering

• Teen curfew

Is this Legal?

Is this legal?

Petitioning the Government

Petitioning the Government

• You may sue the government for wrongs

• You cannot be punished for exposing wrongs by the government

• The courts decide the wrongs

Poll Tax

Dear Mr. GonzalezDear Mr. Gonzalez-After seeing this PowerPoint I’m left

wondering if any rights are absolute? Explain this concept to your students, so they might have a better understanding…

Sincerely,Kobe Bryant

1. What are civil liberties?

2. List the five Rights of the First Amendment.

3. What does “separation of Church and State” mean?

4. According to the Establishment Clause, what can the government not promote?

5. List one freedom of Speech and one limitation.

6. List one freedom of Press and one limitation.

7. List one freedom of Assembly and one limitation.

8. Explain why we have the freedom to petition (ask) the government.