Street Law Today Read the First Amendment and Identify the Protected Rights First Amendment Group Activity Which First Amendment rights could you live without The First Amendment Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof ID: 198878
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Slide1
The First Amendment
Street LawSlide2
Today
Read the First Amendment and Identify the Protected Rights
First Amendment Group Activity
Which First Amendment rights could you live without?Slide3
The First Amendment
“
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
.”Slide4
What rights does the First Amendment Protect?
Freedom
of
Religion
You
can believe what you want, belong to any religion or no religion
. Government can’t establish an official religion.
Freedom
of
Speech
You
can voice your opinions using words, symbols or actions.
Freedom of
the
Press
The
government cannot censor information in newspapers,
online news
sources, TV news broadcasts, etc.
The Right to
Peaceably
Assemble
You
can gather in a group.
The Right to Petition
the
Government
You
can criticize the government, and you can complain
about policies
that affect you negatively and ask for
change.Slide5
Freedom of Speech
“Congress shall make no
law… abridging
the freedom of
speech.”
Political Speech (criticizing the government, insisting on reform,
etc
) is highly protected
Expressive in nature
Serves an important function of the republicTime, Manner, Place Restrictions: The government can place these restrictions on your speech, but the restriction must:Be Content neutralBe Narrowly tailoredServe a significant governmental interestLeave open ample alternative channels for communicationSlide6
Hypos: Have My First Amendment Rights Been Violated?
1a. My mom makes liver and onions for dinner. I tell her that it stinks, and is disgusting. She sends me to my room, and takes away my cell phone for a week.
Freedom of Speech? No, the
F
irst Amendment only protects you from
Government Action
, and my mom is not a “government actor.”
1b. Same facts, but what if my mom is a police officer?
No, because she was acting in her (private) role as a parent, and not in her (official/government) role as a police officer.
1c. I meet Governor Jay Inslee and tell him that he stinks and is disgusting. He has me arrested and thrown in jail for the night.Yes, this is the exactly the type of speech protected by the First Amendment.Slide7
Freedom of Religion
The Establishment Clause
“Congress
shall make no law respecting an establishment of
religion”
This means that the government can’t tell you what religion to practice, and that they can’t favor one religion over another.
Lemon
Test to determine if a law violates the Establishment Clause
The statute must not result in an "excessive government entanglement" with religious affairs. (also known as the Entanglement Prong)
The statute must not advance or inhibit religious practice (also known as the Effect Prong)The statute must have a secular legislative purpose. (also known as the Purpose Prong)Slide8
Freedom of Religion
The Free Exercise Clause
“Congress shall make no law…prohibiting
the free exercise
[of religion]”
This means that the government can’t tell you how to practice your religion.
If a law is “neutral” and “generally applicable,” then it (usually) doesn’t violate the Free Exercise Clause
The Government must have a “compelling interest to refuse to accommodate religiously motivated conduct.”Slide9
Hypos: Have My First Amendment Rights Been Violated?
2a. The State House of Representatives proposes a bill to make Christianity the official Religion of Washington.
Yes, this is a “law respecting an establishment of religion”
2b. Chief
Sealth
High School prohibits students from praying before tests.
Yes, this is a law “prohibiting the free exercise” of religion.
2c. Chief
Sealth
High School teachers organize prayers before tests.Yes. Public schools should neither prohibit nor require prayer. It should be up to students.Slide10
Freedom of the Press
“Congress shall make no
law… abridging the freedom… of
the
press.”
“Press” means “every sort of publication which affords a vehicle of information and
opinion.”
Like Freedom of Speech, there are some categories of publications that are not protected. Libel is a good example of an unprotected publication.Slide11
Hypos: Have My First Amendment Rights Been Violated?
3a. I’m a reporter, and I write an article exposing a top secret CIA mission. My boss fires me because she thinks writing articles like this is a bad idea.
Not a violation;
n
o government action; my boss is not a government actor.
3b. Same facts, but instead of getting fired, I get arrested.
Yes; freedom of the press protects your right to publish this story
3c. I write for the school paper. The principal removes my article on teenage pregnancy from this week’s issue.
No, the Supreme Court has said that situations like this fall under “school speech.Slide12
Right to Peaceably Assemble
“Congress shall make no
law… abridging… the
right of the people peaceably to
assemble.”
The right of a group of people to come together to express, promote and defend their ideas.
Also subject to Time, Manner, and Place restrictions
A Government cannot punish speech
for its content unless
the speechIs intended to produce imminent lawless action, ANDIt is likely to incite or produce such actionSlide13
Right to Petition the Government
“Congress shall make no
law… abridging… the
right of the
people… to
petition the Government for a redress of grievances.”Slide14
Hypos: Have My First Amendment Rights Been Violated?
4a. I want to reinstate Columbus Day in Seattle, so I start collecting signatures. The city council acknowledges the petition, but keeps the name “Indigenous Peoples Day.”
No, the city didn’t stop my petition.
4b. My weekly book club meets at Lincoln Park. Officer Jones of the SPD doesn’t think that’s what parks are for, and tells us to leave.
Yes; we were peaceably assembling.
4c. I join other Seattle-
ites
in linking arms and lying down across I-5 in solidarity with Ferguson.
Are protests protected? Freedom of Speech, Freedom of Assembly, and Right to Petition generally protect my right to protest. However, the government is allowed to impose “appropriate time, manner, place” restrictions.Slide15
Take-Aways
Government Actors
Overlapping Rights
Restrictions (time, place, and manner)
This is complicated!Slide16
Activity
Step 1: Read through your handout and try to answer it on your own
Step 2: Get with your group and discuss the issues
Step 3: Explain the situation and the legal answer to the classSlide17
Which Protections Could You Live Without?
Speech
Religion
Press
Assembly
PetitionSlide18
With Your One Freedom, Would the Following Events Have Been Possible?
Martin Luther King Jr’s “I Have a Dream” speech on the National Mall
The Washington Post
writing an article about each presidential candidate’s negative qualities
Women gaining the right to vote.
An all-night prayer vigil in memory of a fallen soldier
The Occupy Wall Street MovementSlide19
Washington Constitution
Art. 1, § 4 “The right of petition and of the people peaceably to assemble for the common good shall never be abridged.”
Art. 1, § 5 “Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.”
Art. 1, § 11 “Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual . . .”