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-What are the five basic freedoms -What are the five basic freedoms that are listed in the 1st that are listed in the 1st Amendment?Amendment?

-Then write a small paragraph -Then write a small paragraph about a memorable moment where about a memorable moment where you expressed one of these rights, you expressed one of these rights, or one of these rights was denied or one of these rights was denied to you. to you.

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First Amendment RightsFirst Amendment Rights

The Five FreedomsThe Five Freedoms

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1. What are civil liberties?1. What are civil liberties?

The freedoms we have to think and The freedoms we have to think and act without government interference act without government interference or fear of unfair treatmentor fear of unfair treatment

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Know Your Rights!Know Your Rights!

Can you name any of the specific Can you name any of the specific rights guaranteed by the First rights guaranteed by the First Amendment?Amendment?

In the U.S. is it legal to burn the flag In the U.S. is it legal to burn the flag as a means of political protest?as a means of political protest?

Can a public university censor a Can a public university censor a student newspaper?student newspaper?

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FactsFacts

If you didn’t know the answers to the If you didn’t know the answers to the previous questions you are not previous questions you are not alone!alone!

Only 17% of Americans could name Only 17% of Americans could name all five freedoms guaranteed in the all five freedoms guaranteed in the First Amendment.First Amendment.

Only 25% of students knew it was Only 25% of students knew it was legal to burn the flag in protest.legal to burn the flag in protest.

As far as censoring a student As far as censoring a student newspaper at a public university, it is newspaper at a public university, it is against the law.against the law.

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Forty-Five Important WordsForty-Five Important Words

The First AmendmentThe First Amendment

Congress shall make no law Congress shall make no law respecting an establishment of respecting an establishment of religion, or prohibiting the free religion, or prohibiting the free exercise thereof; or abridging the exercise thereof; or abridging the freedom of speech, or of the press; or freedom of speech, or of the press; or the right of the people peaceably to the right of the people peaceably to assemble, and to petition the assemble, and to petition the Government for a redress of Government for a redress of grievances.grievances.

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What five basic freedoms does the What five basic freedoms does the 11stst Amendment protect? Amendment protect?

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3. What does the 13. What does the 1stst amendment amendment prohibit Congress from doing prohibit Congress from doing

concerning religion?concerning religion?

Congress cannot establish an official Congress cannot establish an official religion in the United Statesreligion in the United States

The Establishment ClauseThe Establishment Clause

No Official Church

England had gone through 400 years of turmoil, switching between being

Catholic and Protestant—back and forth a few times.

Spanish Inquisition burned heretics.

Religious Freedom

Many religions fled to America to seek freedom from persecution: The Pilgrims-Puritans, Quakers, Shakers, Mennonites ...

Religious Freedom in American Colonies

Could also be intolerant of other religions as well.

Puritans Quaker missionaries and sympathizers were among those sentenced to have "H" for heretic

branded on their cheeks. Some would have had ears lopped off, an amazingly

frequent occurrence in Puritan Massachusetts, or holes bored through their heretical tongues. Eventually the more persistent of their number would be sentenced to leave Massachusetts

or to be executed by hanging.

Religious Freedom

Establishment Clause

Constitution writers wanted to avoid a state mandated religion—which one would it be anyway?

Each area had different types of religions and sects

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4. What else does it protect 4. What else does it protect concerning religion?concerning religion?

Guarantees Americans the right to Guarantees Americans the right to practice their faith as they wishpractice their faith as they wish Free-Exercise ClauseFree-Exercise Clause

They may not favor one religion over They may not favor one religion over another or treat people differently another or treat people differently because of their personal beliefsbecause of their personal beliefs

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Students & ReligionStudents & Religion

It’s important to know your religious rights in school.

1. You are free to pray alone or in groups, as long as the activity is not disruptive and does not infringe upon the rights of others.

2. As long as it is not disruptive, disrespectful of the rights of other students, and does not pressure or coerce others, you can exercise your faith.

3. Schools cannot organize religious activities. This includes making students pray.

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REMEMBER:REMEMBER:

The government cannot force you to The government cannot force you to believe in any religion. Everybody believe in any religion. Everybody has the right to practice the faith has the right to practice the faith they believe in, when and where they believe in, when and where they want to. You are all guaranteed they want to. You are all guaranteed the freedom of religion. the freedom of religion.

Separation of Church and State

Phrase taken from letter written by Thomas Jefferson,

Limits on Free Exercise Clause

The first case to closely examine the scope of the Free Exercise Clause was Reynolds v. United StatesReynolds v. United States in 1879.

Dealt with the prosecution of a polygamist under federal law

the Court upheld the law and the government's prosecution.

Limits on Free Exercise Clause

Oregon v. Smith

2 native Americans prosecuted for use of Peyote, an illegal drug.

Oregon's ban on the possession of peyote is not a law specifically aimed at a physical act engaged in for a religious reason. Rather, it is a law that applies to everyone who might possess peyote, for whatever reason—a "neutral law of general applicability," in the Court's phrasing. The Court characterized Smith's and Black's argument as an attempt to use their religious motivation to use peyote in order to place themselves beyond the reach of Oregon's neutral, generally applicable ban on the possession of peyote. The Court held that the First Amendment's protection of the "free exercise" of religion does not allow a person to use a religious motivation as a reason not to obey such generally applicable laws. "To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself."

Snake Handling

And these signs shall follow them that believe: In my name shall they cast out devils; they shall speak with new tongues. They shall take up serpents; and if they drink any deadly thing, it shall not hurt them; they shall lay hands on the sick, and they shall recover. (Mark 16:17-18)

Behold, I give unto you power to tread on serpents and

scorpions, and over all the power of the enemy: and

nothing shall by any means hurt you. (Luke 10:19)

http://www.youtube.com/watch?v=qam6whAsSzI&feature=related

Other exceptions on FECIn 1940, the Supreme Court would

decide in Minersville School District v. Gobitis that members of the Jehovah's

Witnesses in a school could be required to salute the flag. The ruling in Gobitis ,

however, did not stand for long. In 1943, West Virginia State Board of

Education v. Barnette, the Supreme Court essentially reversed its previous

opinion.

Can I create a religion that performs human sacrifice?

Smokes Marijuana to be closer to God?Marry more than one wife?

Believes that all energy is made up of Thetans?

Freedom of Religion

To Sum it Up:

Basically, the Supreme Court has said that you can “Believe” anything you

want, your “actions” however are limited by law.

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Freedom of SpeechFreedom of Speech

Free speech is the liberty to speak Free speech is the liberty to speak and express one’s opinions. It is the and express one’s opinions. It is the right to express ideas, information, right to express ideas, information, opinions, etc. with very limited opinions, etc. with very limited government restrictions.government restrictions.

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5. What types of communication 5. What types of communication are protected under freedom of are protected under freedom of

speech?speech?

Face to face Face to face Internet communicationInternet communication ArtArt MusicMusic ClothingClothing

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Free speech includes the right to Free speech includes the right to criticize public officials, politicians, criticize public officials, politicians, religious leaders, and public and religious leaders, and public and corporate policies. Without this right corporate policies. Without this right a democratic nation could not a democratic nation could not survive.survive.

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"I disapprove of what you say, but I "I disapprove of what you say, but I will defend to the death your right to will defend to the death your right to say it". Commonly attributed to say it". Commonly attributed to Voltaire

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Freedom of the PressFreedom of the Press

6. What does press and media 6. What does press and media include?include?

BooksBooks NewspapersNewspapers MagazinesMagazines RadioRadio TelevisionTelevision InternetInternet

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7. How does freedom of press limit 7. How does freedom of press limit the government?the government?

The government cannot practice The government cannot practice censorship. censorship.

It cannot ban printed materials or It cannot ban printed materials or films merely because they contain films merely because they contain alarming or offensive ideasalarming or offensive ideas

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The press is often called “the fourth The press is often called “the fourth branch of government.” It helps to branch of government.” It helps to keep the other three branches in keep the other three branches in check. check.

Without a free press, this would not Without a free press, this would not be possible, and the democratic be possible, and the democratic conditions which we are used to, and conditions which we are used to, and enjoy in the United States, would not enjoy in the United States, would not exist.exist.

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8. What rights are covered by the 8. What rights are covered by the freedom of assembly?freedom of assembly?

Protects our right to gather in groups Protects our right to gather in groups for any reason, so long as the for any reason, so long as the assemblies are assemblies are peacefulpeaceful. .

They can make rules about when and They can make rules about when and where, but cannot ban them.where, but cannot ban them.

We also have the right to form and We also have the right to form and join social clubs, political parties, and join social clubs, political parties, and labor unions. labor unions.

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Life without Freedom of Life without Freedom of AssemblyAssembly

People would People would not be allowed not be allowed to peacefully to peacefully gather in large gather in large groups without groups without permissionpermission

It would be It would be harder to protest harder to protest opinions and use opinions and use the other the other freedoms freedoms guaranteed in the guaranteed in the first amendmentfirst amendment

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9. What does freedom of petition 9. What does freedom of petition allow the citizens to do?allow the citizens to do?

The right to express one’s idea to the The right to express one’s idea to the government. government. Petition = formal documentPetition = formal document

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Life Without Freedom of PetitionLife Without Freedom of Petition

People could People could be penalized be penalized for political for political views and views and beliefs.beliefs.

People would People would be unable to be unable to communicate communicate with their with their senators and senators and congressmencongressmen

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Harry S. Truman, Harry S. Truman, 19501950

““In a free country we punish In a free country we punish men for crimes they commit but men for crimes they commit but never for the opinions they never for the opinions they have.”have.”

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10. Name some of the limits to 10. Name some of the limits to freedom of speech.freedom of speech.

Do not have the freedom to provoke Do not have the freedom to provoke a riota riot

Cannot speak or write in a way that Cannot speak or write in a way that leads immediately to criminal leads immediately to criminal activities or efforts to overthrow the activities or efforts to overthrow the government by forcegovernment by force

May not spread lies that harm a May not spread lies that harm a person’s reputationperson’s reputation

May not interfere with the rights of May not interfere with the rights of othersothers

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11. What are the two ways 11. What are the two ways someone can spread lies about someone can spread lies about

someone else?someone else?

Slander = spreading spoken liesSlander = spreading spoken lies Libel = printed liesLibel = printed lies

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12. Although we have many 12. Although we have many individual freedoms, whose rights individual freedoms, whose rights

come first? come first?

The rights of the communityThe rights of the community

Otherwise, the society would break Otherwise, the society would break apartapart