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The First Amendment The First Amendment

The First Amendment - PowerPoint Presentation

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The First Amendment - PPT Presentation

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

freedom government speech religion government freedom religion speech amendment petition rights law congress peaceably assemble free establishment press law

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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 . . .”