The 1 st Amendment

1. The 1st Amendment U.S. Government Ms. Kemp

2. 1st Amendment Rights • Press • Religion • Petition • Assembly • Speech

3. Why the 1st Amendment is required • 1. protects democracy • 2. protects people with unpopular views

4. Restrictions of Free Speech • Slander: Defamation of a person’s character using spoken word • Obscenity: (1) against the law, (2) if average person would find it offensive, (3) artistic, political, literary value • Commercial Speech: prohibits false advertising: advertising that are harmful to the public

5. Due to Commercial Speech • alcohol may not be aimed specifically at minors or, in particular, • depict minors consuming these beverages; • it shall not link the consumption of alcohol to enhanced physical • performance or to driving; • it shall not create the impression that the consumption of alcohol • contributes towards social or sexual success; • it shall not claim that alcohol has therapeutic qualities or that • it is a stimulant, a sedative or a means of resolving personal conflicts; • it shall not encourage immoderate consumption of alcohol • or present abstinence or moderation in a negative light; • it shall not place emphasis on high alcoholic content as being a • positive quality of the beverages."

6. Restrictions of free speech con’t • Heckler’s Veto: restrictions by the audience • Clear & Present Danger: from your words, you cause danger • School: what you say in school can be censored- school officials are to enhance a good learning atmosphere

7. “Cyberspeech” It's increasingly common to see student Web sites criticizing school policies and officials. The U.S. Supreme Court has decided that Internet speech has the same high level of constitutional protection as what's written in a newspaper or other written media. It makes a difference, though, whether you're cyber-expressing yourself on your own time or as part of a public school project. If you're using your own computer at home, you have a lot more leeway in what you can say. But you still can't say anything about a school official or teacher that you know – or should know – isn't true and injures someone's reputation. That might be "libel" or "slander", for which you can be sued. If you express yourself online as part of a class, your speech has less protection as a First Amendment expression. And you may even be restricted from talking about your off-site cyber project while at school. Your use of the Internet on school-owned computers will also be restricted by filtering software designed to protect minors from inappropriate cyber content. The federal Children's Internet Protection Act requires public schools and libraries to run filtering software in order to receive federal funding for Internet installation.

8. Other Restrictions • Restrictions on Assembly • Not on private property • Restrictions on Press • Libel: defamation at character using the written word • Prior Restraint: national security

9. Geraldo Rivera • Fox News Analyst • Was touring with troops in Iraq during 2002-2003 • While reporting live to the United States, he drew a map in the sand that revealed U.S. troop positions • Due to prior restraint, he has been banned from reporting in Iraq.

10. Freedom of Religion • Free Exercise Clause: • Gives you the right to worship as you choose- the government can’t penalize you due to religious beliefs • Restrictions: religious practice does not interfere with rights of others or break laws • Establishment Clause: prohibits the government from encouraging or promoting religion in any way • Separation of Church and State • The government uses the Lemon Test when looking at restrictions: • Secular: non-religious • Doesn’t promote particular religions • Doesn’t overly involve government with religion • MOST CASES IN THE ESTABLISHMENT CLAUSE INVOLVE SCHOOLS