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• 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.
Religion:
• The government cannot tell you what to believe in or practice
• The government cannot tell you what NOT to believe in or what NOT to practice
Assembly:
• Citizens can come together in public and in private
• You can meet for political, social, religious, or recreational purposes
Press:
• Information can be accessed from a ton of sources
• Government cannot control what is printed in newspapers, books, magazines etc. or what is broadcasted on TV or the radio
• Citizens can write what they want: letters to the editor, post their own websites or blogs, & make flyers…
Petition:
• You have the right to request changes from your government
• You have the right to request stuff from your government
contact representatives, petition for new laws
Speech: (expression)
• Say what you think!• The government
cannot make laws prohibiting what can say or tell us what to say
• Citizens have the right to criticize the government
• “If we don't believe in freedom of expression for people we despise, we don't believe in it at all.” ~Noam Chomsky
• “I disapprove of what you say, but I will defend to the death your right to say it.” ~Voltaire
1) First Amendment affirms Freedom of Individual
• Inalienable Rights• Freedom of
Consciousness: protect everyone, not just majority
• Our ideas belong to us
• Example: I am free to believe in the death penalty
2) Free Expression is the Foundation of Democracy
• Shared information leads to informed choices and informed decision making
• Example: multiple news sources provide varied information and perspectives
3) “Hands Off” policy
• The government can regulate time, place and manner of political or religious beliefs but cannot regulate content
• Example: I have the right to be pro choice but if I want to hold a rally in SF I have to get a permit first
4) Other People’s Rights
• First Amendment belongs to all Americans
• First Amendment protects minorities limiting some rights will eventually limit everyone’s rights
• Example: If I am the only person in this room to support the War in Afghanistan, do I still have the RIGHT to my opinion? Can I still VOICE my opinion?
5) Balance of Rights
• Courts (government) steps in when 2 rights collide; often involves defamation
• Defamation: communication about a person that damages the person’s reputation– Spoken = libel
– Written = slander
Example of defamation
• Actress Cameron Diaz sued The British Sun for implying that she had an affair with a married man. This was slanderous to her reputation (2005).
6) Questioning
• We can question what we want
• Asking questions helps us to understand choices and make better decisions
Learning Objectives: students will understand (write this down)• 1) The theory of the 1st Amendment as written &
the practice of 1st Amendment rights;• 2) How artists have used 1st Amendment rights for
social change & the legal limits of this expression• 3) Who is responsible for restricting 1st
Amendment and on what basis; who is accountable for upholding the 1st Amendment & on what basis?