FIRST AMENDMENT RIGHTS

Mr. Chris SandfordAmerican Government and Politics

The Bill of Rights

• The Bill of Rights were added after the Constitution was ratified.

• They spell out the basic rights that each American Citizen has.

• Two major rights exist in the Constitution without being in the Bill of Rights

1. Writ of Habeas corpus - the requirement that anyone being arrested needs to be told why.

2. Ex post Facto Law- no one can be tried for a crime after a new law is passed.

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, of the right of the people peaceably to assemble, and to petition

the Government for a redress of grievances.”

Freedom of Religion

• There are two clauses (parts) - “establishment clause” “exercise clause”

• We will look at both of these separately.

Establishment Clause

• Main purpose is to outlaw three things.

1. Government sponsorship of religion.2. Government $ support of religion.3. Government involvement in religious

matters.

• The Supreme Court’s job is to interpret this amendment on a case- by-case basis.

• The Court has developed a “test.”

The Establishment Clause

• “Lemon Test” 3 Question that need to be answered:

Does the law have a non-religious purpose?• SUCH AS A PUBLIC SCHOOL PROVIDING MATH TEXTBOOKS

TO A PRIVATE CATHOLIC SCHOOL. (NO) Does the law advance or prohibit religion?

• SUCH AS REQUIRING STUDENTS TO SAY A PRAYER BEFORE SCHOOL EACH MORNING. (YES)

Does the law “entangle” the government with a particular religion?

• SUCH AS A HAVING ONE BASEBALL TEAM MADE UP OF PLAYERS FROM A CATHOLIC SCHOOL AND PUBLIC SCHOOL. (YES)

The Establishment Clause

• Sandra Day O’Connor wrote the “Endorsement Test.” Today, it has replaced the “Lemon Test”

• She argues that the test should be based on what a reasonable observer would believe:

PRAYER BEFORE A FOOTBALL GAME.

NATIVITY SCENE AT TOWN HALL PRAYER BEFORE HIGH SCHOOL

GRADUATION

Exercise Clause

• This part of the amendment has been interpreted to mean that the government can not force a religion on you and can not deny us the right to practice a religion.

• The only exception would be…….• What do you think the court would say

about having the 10 commandments posted in this classroom?

Free Speech

• This is one of the most controversial parts of the first amendment.

• There are two main parts of the this clause…

1. People have the right to say what they want.

2. People have the right to listen to whatever they want. Or do they……..

How this is interpreted is again on a case by case basis.

Free Speech

• The Supreme Court asks itself the following questions:

What was said? Why it was said? Was it offensive?

• Judges need to draw a line on free speech.

• There are three “tests” that they use.

Free Speech “Tests”

1. Bad Tendency Testpermits laws to be passed that would forbid speech that has a tendency to cause people to engage in illegal actions - Hate speech at a rally.

2. Clear and Present Danger Testspeech can be limited if presents a clear and present danger that it will lead to illegal/violent acts - Overthrowing the Government….

3. Preferred Position Doctrinegovernments can not punish people for what they say -only for what they do - unless their purpose was to incite illegal activities - This will probably not be followed as much in this Post - 9/11 world.

Non- protected Speech

• Libel, obscenity, fighting words and commercial speech, which are not entitled to the first amendment.

• Examples: Pornography, lies in papers, lies in advertisements, hate speech and threatening words.

Speech “test”

• The “Miller” test. (1973) Is what the Court uses to decide if the government can regulate the “product” Is the work as a whole, purely sexual, in

a pervasive way? Does the product show sex in a

offensive way? Does the work lack any artistic merit?

Freedom of the Press

• The courts have ruled that the press can print almost anything that does not fall under un-protected speech. The only exception would be if they published

something they knew was false - Tabloids.

• The Press can also with hold a source on a story even to the police. This “right” has come under attack recently.

• The Press has been limited in their access - although they continue to fight this. - - Court Cases.

Freedom of Press

Federal

Communication

Commission

Freedom as Assembly

• The courts have limited the assembly of people - the purpose of such a group is what always is discussed.

• If they are “assembling” for a violent purpose - denied.

• Courts look at Civil Disobedience. Will the group will be be protesting a law

or some group by breaking some law or hurting some group?

Freedom as Assembly

The Court has continually looked at the purpose of the law being challenged and the purpose of the assembly.