1st Amendment Rights

History of the Bill of Rights

Constitution was ratified without the Bill of Rights (1789)

1791 10 Amendments were addedThese amendments guaranteed certain

freedoms and rights

First Amendment

Congress shall make no law respecting the 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.

GRASP

G – Grievance (petition)

R – Religion

A - Assemble S – Speech

P - Press

Grievance (petition)

Citizens can ask for changes in the gov’tThey can call or write letters to elected

representatives, collect and present signatures, or join others to form groups that will have a greater influence on the gov’t than a single individual could.

Religion

Gov’t cannot establish an official religion

Citizens have freedom to attend a church, synagogue, temple, or mosque of their choice, or not to attend at all.

Establishment Clause

Gov’t cannot establish, cannot endorse, cannot favor one religion over another

Free Exercise Clause

Government cannot prevent you from practicing a religion you choose, provided it does not violate laws.

Thomas Jefferson

1st Amendment built “a wall of separation between church and state”

Separationists v Accommodationists

Separationists agree with TJ – private religion should remain private

Accommodationists – state can accommodate religion as long as it shows no preferencePrayer in school okPublic aid to PAROCHIAL schools okPosting 10 Commandments ok

Lemon Test

-Secular intent (non religious)-Effect that neither advances nor Inhibits religion-No excessive entanglement

Assembly

People can come together in public and private gatherings.

They can join groups for political, religious, social, or recreational purposes

By organizing, people can spread their ideas more effectively

Speech

Speech

The First Amendment keeps the gov’t from making laws that might stop us from saying what we think.

People have the right to criticize the gov’t and share their opinions with others.

Libel v Slander

Libel – false, malicious use of written speech

Slander – false, malicious use of spoken word.

What is symbolic speech?

Statements made nonverbally through actions or objects

Art uses images instead of spoken words

Symbolic Speech Court Cases:Tinker v Des MoinesTexas v JohnsonFrederick v Morse

Tinker v Des Moines

Tinker siblings were going to wear black armbands to school protesting the Vietnam War

School found out, said if they came to school with them on, they would be suspended

Tinker siblings came to school, were suspended, and took the case to the S.C

Court sided with Tinker“Students do not shed their constitutional

rights when they enter the school house gates.”

School needed to prove that wearing the armbands would have significantly disrupted the educational process

This case is an important precedent

Texas v Johnson

Johnson was protesting the Reagan administration and burned the American flag.

He was convicted under state statute and appealed his conviction to the S.C.

Court ruled in favor of Johnson

In response to that, the gov’t passed the Flag Protection Act

Eichman v United States – found that law to be unconstitutional

You can burn a flag in political protest

Frederick v Morse

Press

Press

The gov’t cannot completely control what is printed in newspapers and books, broadcast on radio and television, or offered online.