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Published byAngelica Carter Modified over 8 years ago
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1. What are some freedoms that we have in our daily lives as US citizens? 2. Can your freedoms ever be taken away or limited? (explain!)
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The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. (RASPP) This means that we all have the right to: › practice any religion we want to › to speak freely › to assemble publically and privately (meet) › to address the government (petition) › to publish newspapers, TV, radio, Internet (press)
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Can you think of any circumstances that would limited any of these 1 st Amendment freedoms? Do you think that their should be limits?
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Fighting words Libel Clear and present danger Obscene language Slander Time, place, and manner (FL-COST)
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Freedom of speech includes NOT only the spoken word, but it also includes the concept of freedom of expression Express = to convey or communicate Freedom of expression = ability to communicate opinions, ideas- through all types of communication ( verbal and nonverbal ) Freedom of expression is a right that Americans cherish…but it is LIMITED!
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Libel = false statements that are written that may hurt another person’s reputation Slander = spoken words that are false that destroy a person’s reputation LIBEL and SLANDER are types of speech that the Supreme Court has found to be ILLEGAL, meaning it is NOT protected by the 1 st Amendment.
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Obscene language = words that can be offensive Miller v. California (1973) stated that materials were obscene if the work: appeals “to a prurient interest in sex” Prurient = arousing an interest or desire showed “patently offensive” sexual conduct- local standards determine how offensive the work is lacks “serious literary, artistic, political or scientific value”
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Fighting words = words that threaten another person; incite violence Clear and Present danger is different than fighting words; these are words that put other people in harm’s way The Clear and Present Danger limitation was established in the Court case, Schenck v. United States Example: falsely yelling “bomb” on an airplane
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Charles Schenck created pamphlets during WWI that protested the draft. He sent these pamphlets to men who were on the draft list. He was arrested for hindering the United States’ efforts in WWI The question before the Supreme Court: Was his speech protected by the 1 st Amendment? The Court decided NO- his speech put Americans in “clear and present danger” as it inhibited our war effort. Speech that endangers others is not protected.
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Sometimes speech isn’t completely protected, and it simply depends on when the speech is said (or created) or the way in which it is said Sometimes, you have to get permission to organize or create a rally (the rally is protected by the 1 st Amendment) The government can restrict speech for public convenience and to promote order
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Give 3 examples of how your first amendment freedoms could be limited. Explain which limitations this is based on (fighting words, clear and present danger, libel, etc…)
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