THE FIRST

AMENDMENT

The Basics

CHAPTER 13 QUIZ

Rights From Amendment I

• Speech

• Press

• Religion

• Assembly

• Petition the Government

Freedom of Speech• “Congress shall make no law

…abridging the freedom of speech…”

• Pure speech v. symbolic speech

• Is this an absolute right?

• When can it be LEGALLY taken away– Endangering public safety

– Advocating illegal activity Overthrow of Government (esp. wartime)• Alien & Sedition Acts (1787)

• Espionage Act (1917)

• Schenck v. United States

When Can It Be Regulated?• Flag burning in a protest?

– YES (Texas v. Johnson)

• Burning Draft Card?

– No (US v. O'Brien)

• Picketing a private residence?

– NO (Frisby v. Schultz)

• Three part test to uphold:

– Within powers of government

– Regulation must be unrelated to free speech

– Other channels of speech are available

Unprotected Speech• Sedition: urges resistance

to lawful authority or government overthrow

• Defamatory speech: false speech; damages character or reputation– Libel (written)

– Slander (spoken)

– Public official? OK

• Fighting words: violent reaction

• Student speech: can be regulated

The Court's Test• Evolution of established

limits:

1. Clear and present danger (immediate danger)

2. Bad Tendency Doctrine (Restricted if it tended to lead to an illegal action)

3. Preferred Position Doctrine (These are fundamental rights; will assume law is unconstitutional)

Freedom of Religion

• “Congress shall make no law…respecting the establishment of religion…[or] prohibiting the free exercise of religion…”

• Establishment Clause

• Free Exercise Clause

Separationof Church and State

• Establishment Clause

• No state-sponsored religion

• Wall of separation: how high?

– Pledge of Allegiance

– Money

• Everson v. Board of Ed (1947)

– New Jersey

– Public $ used to bus

– Upheld (furthered education, not religion)

Lemon Test

• Lemon v. Kurtzman (1971)

• State aid to church is legal as along as:

1. Have a non-religious purpose

2. Can’t advance or inhibit religion

3. Avoid excessive government entanglement in religion

• Engel v. Vitale (1962)

• Teaching of Intelligent Design?

Free Exercise Clause• Polygamy (Reynolds v. US)

• Amish & compulsory education laws (Wisconsin v. Yoder)

• Jehovah’s Witnesses must salute the flag (West Virginia State Board of Education v. Barnette)

• Using peyote (Employment Division v. Smith)