First Amendment-1-1.pptx

Civil Liberties and Civil Rights Civil Liberties – citizens’ protections FROM the government; things the government cannot do to you (with certain exceptions) – most are found in the Bill of Rights Civil Rights – positive actions BY the govern- ment to protect citizens’ civil libert...

Civil Liberties and Civil Rights Civil Liberties – citizens’ protections FROM the government; things the government cannot do to you (with certain exceptions) – most are found in the Bill of Rights Civil Rights – positive actions BY the govern- ment to protect citizens’ civil liberties – Actions by the President, laws by Congress and decisions of the Supreme Court have gone a long way to protect peoples’ (not just citizens’) liberties  Relativity of Rights While people in the United States have many rights afforded to them regarding expression, they DO NOT have the right to do whatever they want, whenever they want. This is why your rights in this country are con- sidered “relative” (to the rights of others) NOT “absolute” rights – The right to swing my fist ends where the other person’s nose begins” Oliver Wendell Holmes  Limitations of Rights in School (3) Disruption of the Learning Environment – if what a student is saying, doing, or wearing is a disruption of the learning environment, then their rights can be limited (dress code, cell phones, etc.) School Safety – the school has a responsibility to educate, but also have a responsibility to keep you safe police = probable cause; staff = reasonable suspicion In Loco Parentis – while you are at school, staff take the place of your parents and have a responsibility to take care of you if situations outside of school have the potential to carry over into school, the school has the right to intervene No matter what the situation, students are always entitled to DUE PROCESS (gov’t must act fairly; in accord with established rules)  ST 1 AMENDMENT CONT. I. Assignment A. # 1- p. 544 # 1-4 B. # 2 -p.553 # 1-4 C. # 3 P. 558 # 1-3 Write the question and answer Skip two lines between each group of questions  First Amendment – Five Parts Easy pneumonic (memory) device… R = Religion (two parts) A = Assembly P = Press P = Petition S = Speech First Amendment exists to protect the unpopular or minority opinion!  Freedom of Religion: 2 Parts Establishment Clause: Gov’t may not create or support any religion. Jefferson = “wall of separation” Lemon v. Kurtzman: 1970s Supreme Court case. The govern- ment can be involved with religion, but not for religious reasons Lemon Test: 3-part test to determine establishment clause issues https://www.youtube.com/watch?v=_hYslZWsjxA Free Exercise Clause: A person is free to believe in whatever they choose religiously (or nothing at all) * The government can distinguish between believing in some- thing and acting on that belief, or how the religion is practiced https://www.youtube.com/watch?v=eGDBR2L5kzI Exception: Long standing traditions (e.g. Wisconsin v Yoder; Amish religion and compulsory education after 8th grade)  Freedom of Speech and Press Slander (spoken) / Libel (written) – same thing *Definition: false and malicious use of words that cause harm to others (meant to defame, hurt, etc.) NOTE: The truth CANNOT Be Libel (#1 defense)! https://www.youtube.com/watch?v=n-Ry_g-4mFw Sedition/seditious speech is illegal (advocating the overthrow or disruption of lawful activities in a violent manner) Shield Laws: laws that protect reporters from revealing their sources (to law enforcement/gov’t) – Only at the state level; no national shield law  Freedom of Speech and Press (cont.) Prior (before) restraint (stop): the government cannot stop ideas from being expressed beforehand – https://www.youtube.com/watch?v=E_-efpukppE Obscenity If something is deemed to be obscene, it is not protected by the first amendment/Constitution! Criteria in determining obscenity (problem = vague) 1. Does it violate “community standards”? 2. Does the expression have “artistic value”? Symbolic speech - Freedom of expression (flag burning, signs, gestures, armbands, etc.) that does not use words  Rights of Assembly and Petition Right of Assembly = Right of Association – “the right to get together” Assembly must be peaceful! The government can set reasonable restrictions – time (when), place (where), and manner (how) The government may not restrict groups that want to assemble (who) or subject matter (what) https://www.youtube.com/watch?v=8q_flZgXfPg  Right of Petition Right of Petition: The right to contact government officials with concerns or complaints They work for you! Not vice versa! Phone calls, emails, letters, etc. National level – one email, call, etc. is equal to 5000 other people who think the same way