The First Amendment and Individual Freedoms

Kitzmiller v. Dover Area School District (2005)

A Pennsylvania United States District Court ruled that the teaching of Intelligent Design in biology classes as an alternative to evolution is unconstitutional, as it is a violation of the separation between church and state. The decision ruled that intelligent design was unsupported by any scientific evidence, and thus had no place in a science class.

What limitations to free speech, specifically regarding Anti-Governmental speech, were implemented during World War I?

During WWI, anti-war and anti-patriotic speech was suppressed. In 1918, Socialist union leader Eugene Debbs was sentenced to 10 year in prison for criticizing the war, saying "If war is right, let it be declared by the people!"

What First Amendment restrictions were in place during the American Civil War?

During the Civil War, Abraham Lincoln suspended the right to a Writ of Habeas Corpus and allowed demonstrators to be arrested and held without formal charges being brought against them.

What are Fighting Words? Is it protected by the Constitution?

Fighting words are written or oral speech meant to incite violence against a specific target. The Supreme Court ruled in 1942 in Chaplinsky v. New Hampshire that certain speech constituting "fighting words" can be prohibited.

What constitutes Hate Speech?

Hate speech is any verbal or non-verbal actions which is illegal because it may cause violence or actions of prejudice against a person or persons. An example would be an action which threatens any racial, cultural, religious, or sexual orientation group or demographic.

Schenck v. United States (1919)

In this case, the Supreme Court created the Clear and Present Danger doctrine, citing that if speech is meant to cause a breach of peace or violence, it is not protected by the Constitution.

Texas v. Johnson (1989)

In this case, the Supreme Court ruled that under the First Amendment's protection of freedom of speech, it is not illegal to burn an American flag, as it is a form of free expression.

Whitney v. California (1927)

In this case, the Supreme Court ruled to uphold the conviction of a woman who was involved with the Communist Party, on the basis that she had engaged in actions and speech which posed a threat to society.

What is Libel? Is it protected by the Constitution?

Libel is a written statement of false information about someone which damages their reputation. Libel is usually printed with malicious intent, and so is not protected by the 1st amendment. However, were the printer truly to have believed it was true at the time of publication, it is protected as a form of speech.

What is Obscenity? Is it protected by the Constitution?

Obscenity is speech considered offensive or vulgar. The First Amendment has never been extended to protect obscenity.

What is Prior Restraint?

Prior Restraint is the censorship of expression, usually of the press, before the expression usually takes place.

What is Slander? Is it protected by the Constitution?

Slander is an oral statement of false information about someone which damages their reputation. Slander is usually printed with malicious intent, and so is not protected by the 1st amendment. However, were the speaker truly to have believed it was true at the time of publication, it is protected as a form of free speech.

What is Symbolic Speech?

Symbolic speech is speech or expression which intends to make a statement or express a sentiment. Some examples would be flag-waving, demonstrating, or wearing clothing protesting something.

What is the Freedom of Assembly and Petition?

The 1st Amendment protects the right to gather and hold public meetings without governmental interference.

What were the Alien and Sedition Acts?

The Alien and Sedition Acts were passed by the Adams administration during the pseudo naval war with Britain at the turn of the 19th century. These acts made speech against the government illegal.

What are Clear and Present Danger tests?

The Clear and Present Danger Test was established in the 1918 Supreme Court case Schenck v. United States. It states that if speech, often in the context of anti-government speech during wartime, is of the type to which would arouse "Clear and Present Danger" to people or institutions, it is not protected by the Constitution.

What is the Free Exercise Clause?

The Free Exercise Clause accompanies the Establishment clause. Along with the separation of Church and State, the Free Exercise Clause guarantees the Americans the ability to practice whatever religion they choose, or none at all.

What is the Lemon Test?

The Lemon Test was established in the Supreme Court Case Lemon v. Kurtzman (1971). The purpose of the test is to determine whether a law has the effect of establishing religion. If a law effectively establishes or implements a religion, it violates the Lemon Test and is unconstitutional.

Tinker v. Des Moines Independent Community School District (1969)

The Supreme Court ruled that the First Amendment protected the ability of students to wear black armbands in school to protest the Vietnam War. It upheld students' Constitutional rights of expression and said schools should only be able to limit expression which "materially and substantially interfere with the requirements of appropriate discipline in the operation of the school."

New York Times Company v. United States (1971)

The Supreme Court ruled that the New York Times could publish the Pentagon Papers--items the government argued were classified and could compromise national security-- without fear of governmental punishment or censorship.

Engel v. Vitale (1962)

The Supreme Court ruled that under the 1st Amendment's establishment clause, prayer in public school is unconstitutional. The Court rued that even if prayer is not mandatory or coercive, its presence is in violation of the 1st Amendment.

West Virginia State Board of Education v. Barnette (1943)

The Supreme Court ruled that under the First Amendment's protection of freedom of speech, students at school did not have to salute the American flag.

What is the Establishment Clause?

The clause of the 1st Amendment reading "Congress shall make no law respecting an establishment of religion...." Often known as the separation between Church and State, this clause is the basis for freedom of religion in America.