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Five Freedoms

First Amendment. Five Freedoms. Amendment I.

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Five Freedoms

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  1. First Amendment Five Freedoms

  2. Amendment I 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.

  3. Is the US religious? • Free exercise • % that attend/believe • Documents • Society • Policy • Reference • Establishment • Official religion • Favoritism • Separation • Jefferson • Danbury Baptist Church • Fear of Government Control YES NO

  4. Constitution and Religion • The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. • Congress shall make no law 1. respecting an establishment of religion, • or 2. prohibiting the free exercise thereof Article VI Amendment I

  5. Lemon Test • There must be a clear non-religious purpose • The action must neither advance nor inhibit religion • Government must avoid excessive entanglements with religion

  6. Free Speech • Protected right • Important to independence • Core value of the Revolution • Successful Democracy • Dangers • Tyranny • School • Unity YES NO

  7. Historical Limits • A clear and present danger • Bad tendency doctrine • Preferred position doctrine

  8. Harsh Words Fighting Words – some words are so inflammatory that provoke violence Defamatory – to destroy a person’s character Slander – spoken Libel – written

  9. O’Brien Test Expressive Conduct… • Falls within Constitutional powers • Is narrowly drawn – not related to free speech • Leaves open alternative communication

  10. Government and the Press • National security risk • Fairness to all citizens • Practical considerations • Purity • Less restrictive than speech • Essential in a Republic • Manipulated • Information YES NO

  11. Balance • Prior restraint – government officials censor printed materials • Full disclosure – naming the sources of information used in an article • Executive privilege – necessity of the President to speak candidly with staff • Gag order – court order to withhold printing in order to insure a fair trial

  12. Restricted Media • Newspapers • Books • Movies • Music • TV • Radio • Internet • Magazines • Billboards • Billboards • Newspapers/Magazines • TV/Radio • Movies/Music • Books • Internet

  13. Peaceful Assembly • Boston Tea Party • Civil Rights • Suffrage • Unions • Political Party • Bonus Army • Japanese Internment • KKK • Freedom Rides • KSU YES NO

  14. Amendment XIV All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

  15. Supreme Court Assembly is as important for protecting the liberty of the citizenry as speech and press are in our democratic society.

  16. Petition • Redress of grievances • Declaration of Independence • Ballot • Bill • Mass signatures • Majority rule • Vote • Cost YES NO

  17. Redress • v. 1. To set right, remedy or rectify. 2. To make amends for. • n. 1. Satisfaction for wrong done; reparation. 2. Correction.

  18. Nationalization • Extend the Bill of Rights protections through the Supremacy Clause • Make the Bill of Rights apply to all citizens uniformly, in all states Incorporation

  19. State and Local Government • State Constitutions • Create the structure • Establish local government • Regulate the money • Commission agencies and boards • Long and specific • Easily amended

  20. Branches • Legislative • Districts by Constitutional provision • Unequal representation • Executive • Governor • Line-item veto on all legislation • Commander-in-Chief of National Guard • Elected cabinet • Judicial • Elected by citizens • Marriage, traffic, probate

  21. Regulatory Powers • Business – charter, license, consumer protections, labor safety, attract industry • Environment – services, green spaces, pollution • Property – criminal codes, incorporation, sentencing, appeals • Health – public schools, vaccinations, medical, welfare, assistance

  22. Local Districts • County • Large territory and political power • Township • Large territory, little political power • Municipality • Population density, home rule • Special district • Exists to deal with a specific function

  23. Municipal Government • Mayor-Council • Separation of powers/checks and balances • Commission • No executive, divided duties • City Manager • Legislative exercises authority • Manager carries out policies

  24. Local Services • Schools • Police and Fire • Water and Sewer • Recreation • Culture • Zoning • Solve Problems

  25. Challenges • Unemployment • Housing • Upkeep • Crime • Blight • Resources

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