The 1st Amendment
Commercial speech
-Used to advertise food, chlothing, prescription drugs etc -government has the right to ban false or illegal advertising
What is slander?
-a type of speech that is NOT protected by the 1st amendment -involves SAYING false things about a person in order to damage their repuation https://www.legalzoom.com/articles/differences-between-defamation-slander-and-libel
What is libel?
-a type of speech that is NOT protected by the 1st amendment -involves WRITING false things about a person in order to damage their reputation https://www.legalzoom.com/articles/differences-between-defamation-slander-and-libel
What is political speech?
-a type of speech that is constitutionally protected -it focuses on the expression of a person's opinions and beliefs or defense against slander or libel www.duhaime.org/LegalDictionary/P/PoliticalSpeech.aspx
Freedom of expression
-allows all individuals to voice their own opinions without any interference https://freedomhouse.org/issues/freedom-expression
Forms of speech
-art -music -theatre -dance -written -verbal -entertainment
Violating the 1st amendment
-citizens have no way of violating the Constitution -officers of the federal government who fail to perform their duties as required by the Constitution may be impeached and removed from office upon conviction https://www.quora.com/Is-there-any-punishment-for-violating-the-US-Constitution
Obscenity
-defined by the Supreme Court -representation of sexual explicit material -violates community standers
Restrictions to the 1st amendment
-obscenity (offensive word or expression) -child pornography -fighting words and true threats -defamation (damaging one's reputation) https://fas.org/sgp/crs/misc/95-815.pdf
Bill of rights
-protects our civil liberties -freedom to act without government interference
Conflicts with the right to assemble
-public order -traffic flow -bystanders freedom
Freedom of speech
-right to share opinions -government cannot stop citizens to say how they feel
enimies of demorcartic process
-thoughts that are muffled -speech that is forbidden -meetings that cannot be held
1st amendment in schools
-understanding censorship -free expression if respectful -profanity, disrespecting cutler and religion is discouraged http://ncac.org/resource/first-amendment-in-schools
Public concern
speech that relates to political or social concern to the community
What is censorship?
the prohibition of any parts of books, films, or news that are considered obscene, politically unacceptable, or a threat to security https://www.aclu.org/other/what-censorship
Right to petition
the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals https://en.wikipedia.org/wiki/Right_to_petition
Probable cause
Allows government to search ones home without a search warrant if they know something is wrong
Search warrent
Allows government to search someone's home
Symbolic speech
Conduct that expresses an idea
Free exercise clause
Government cannot punish one for their religious beliefs
What is the first amendment?
Guarantees freedom of religion, expression, assembly, and the right to petition. https://www.law.cornell.edu/constitution/first_amendment
Kiera Grady Period 3 Thesis Statement
How did the 1st amendment become so important to affect people in today's century? The 1st amendment of the United States was established in 1789. To this day, it allows citizens the freedom of speech, religion, press, the right to peacefully assemble, and to petition the government for a redress of grievances. Without the 1st amendment, people would still be living without being able to express there true selves. The issue that still stands today, is if there should be restrictions.
Who proposed the 10 amendments?
James Madison -"the father of the Constitution" https://www.thoughtco.com/who-wrote-the-first-amendment-721180
Stare decisis
Let's a decision stand
Government preventing publication
Only in state of emergency
When was the first amendment established?
Passed by congress: September 25, 1789 Ratified: December 15, 1791 https://constitutioncenter.org/interactive-constitution/amendments/amendment-i
Establishment test
Passing any laws respecting ones religion
Signing statements
Written by the president upon signing a bill of law
Freedom of reliogion
allows individuals to practice his or hers own religion, or no religion at all https://www.aclu.org/other/your-right-religious-freedom
Freedom of assembly
individuals are allowed to gather and meet in groups to promote, express, and defend their ideas without government interference https://en.wikipedia.org/wiki/Freedom_of_assembl
