The First Amendment

Our most basic freedoms/rights

Freedom of Religion “a wall of separation

b/t Church and State” Freedom of religion is

guaranteed in two clauses: The Establishment

Clause The Free Exercise

Cause

Religion in Schools Prayer in Schools Lee v Weisman-1992

unconstitutional to pray before RI graduation.

Unconstitutional to display the Ten Commandments

Evolution v. Creation Unconstitutional to

ban the teaching of Evolution Gov’t is not responsible

to protect Church from views it disagrees with.

The Lemon Test

Practicing Religion S.C. upheld Jehovah's Witness right not to

salute the flag Violated Idolatry commandment

Limits to how far you can practice your religion.

Religion cannot supersede laws of society. Polygamists-Tom A Green (April 2001)

Freedom of Speech The Preferred Doctrine Pure Speech

Most common form Speech Plus

Involves Action Symbolic Speech

Actions or symbols instead of words

Limits on Freedom of Speech Speech must be balanced to protect

society “Clear and Present Danger” The Bad Tendency Doctrine Non Protected Speech

Seditious Speech Defamatory Speech “Fighting Words” Student speech

Freedom of Assembly “it is the right of the people to peacefully

assemble and petition the gov’t” Limits on Assembling

Permits required before assembling Greater likelihood that it will interfere with the

rights of others Greater potential for violence

Freedom of the Press Forbids Prior Restraint Free Press issues

Radio & TV do not enjoy same freedoms

Airwaves are public Anything obscene

cannot be broadcast The public’s right

outweighs the broadcaster’s