Tuesday, May 8, 2012 --- Warm Up

1. What is “free speech” and how is it a cornerstone of any democracy?

2. What are the limits of “free speech?”

History of the Bill of Rights An amendment is a change to the U.S.

Constitution to reflect changing times. There are 27 amendments.

The author was James Madison. The first ten amendments form the Bill of

Rights. The first ten amendments were ratified in

1791. The Bill of Rights protects the rights of all

citizens, residents and visitors in the U.S.

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.”

The First Amendmentincludes 5 rights:

1. Freedom of Speech2. Freedom of Religion 3. Freedom of the Press4. Freedom of Assembly5. Right to Petition the Government

First Amendment 1. Freedom of Religion

Two Clauses:Establishment Clause (No state religion.)

Free Exercise clause (Free to practice your own religion.)

Establishment Clause: The government cannot promote or establish a state religion.

Establishment Clause: You Can You Cannot

Teach the history and culture of a religion in public school

Allow individual private prayer in public school.

Transport students to a religious school after public school. Paid for privately not w/public $

Set a state religion Teach religious

beliefs or theology in public school

Pay seminary teachers with public $

Teach creationismLead a group prayer

in public school.

Free Exercise clause to practice a religion: You Can You CannotChoose a religionPray in a house of

worship and worship how you want.

Ask basic questions about religions in school.

Allow religious dress in public schools

Break the law and claim it is a religious belief

Raise children without an education – keep at home.

Deprive children of basic needs (like medicine) claiming it’s because of religious beliefs.

Distribute flyers about a church or temple youth group program at school.

Free to practice but not promote religion in public settings:Question: In public schools, can

students ask to lead an

entire class in prayer before a test? Why

or why not?

Answer: No, in public Settings there is separation of church (religion) and State. But, a student can say a silent prayer.

First Amendment 2. Freedom of Speech

“Congress shall make no laws abridging (deprive) freedom of speech.”

In Free Speech Individuals Can…Say any political beliefDisplay symbolic speech expressing an

opinion. (an armband or t-shirt w/a message.)

Protest (without getting out of control)Say things about someone that are trueBurn the American flag Say racist and hate slogansFree speech means someone might say

something you disagree with.

Limits of Free SpeechYou may not:Threaten national securitySpeak obscenities in publicYell fighting wordsCommit hate crimesMake incitements to violenceMake incitements to overthrow the

governmentCreate too much social chaosIn school, disrupt in an unsafe/disrespectful

way

First Amendment 3. Freedom of the press

“Congress shall make no Law abridging (limiting) the freedom of the press.”

Freedom of the Press means… You Can You Cannot

Print any political positionMake fun of people,

especially politiciansExpose wrongs by the

governmentWrite ideas others may

disagree withDO’s: Ethics, fact-check,

accuracy, fairness, truth and give the full context.

Libel; intentionally injuring a person’s reputation by false facts

Disclose defense-security secrets

Detail how to make a certain weapons

DON’Ts: Sloppy reporting, plagiarism, bias, conflict of interest, poor judgment, deception.

First Amendment 4. Freedom of Assembly

“Congress shall make no law respecting the right of the people to

peaceably to assemble.”

Freedom of Assembly You Can You CannotProtest Parade (with a

permit)Parade chanting

hate slogansGang members can

congregate in public

Protest by throwing rocks and breaking windows

Hang out on private land against owners will---loitering

Violate Teen curfew

First Amendment 5. Petition the Government

Citizens can write letters to elected officials to protest government actions.

Individuals may sue the government for wrongs

Individuals can’t be punished for exposing wrongs by the government

The courts decide the wrongs

“Congress shall make no law respecting the right of the people to

petition the government.”