Bill of Rights- First Amendment Notes

Bill of Rights: First 10 Amendments to the Constitution Explains America’s basic freedoms Protects the people from the government Freedom of Speech: Right to speak or express ideas and opinions Freedom of Press: Right to express opinions in writing

Freedom of Assembly: Right to organize a group to share opinions (must be peaceful) Freedom to Petition the Government: Right to ask the government to do something or make some change

Limits on these freedoms! The rule of Time, Place and Manner (TPM): Government cannot regulate the content of your opinions. Government can regulate when, where and how you share your opinions.

Examples of speech that is not protected by the 1st Amendment: “Fighting Words” Speech that intends to incite violence or cause harm. Must be a legitimate threat. Libel (written) or Slander (spoken): False statement that are intended to cause harm to another’s reputation.

Obscenity: How to decide if something is “obscene”? Appeals to the unwholesome nature of the average person. Shows or describes offensive conduct in offensive ways. LAPS test- Lacks any literary, artistic, political or scientific value.

Child Pornography: Is never protected by the 1st Amendment. Communications Decency Act (1996): Makes it a federal crime to display or send indecent or obscene materials in a manner accessible to those under 18.

Commercial Speech (ads, etc.): False Advertising is not protected Certain products have restrictions based on accessibility.

Freedom of Religion: Right to practice any religion or no religion at all. Establishment Clause: Government can’t set up a national religion or favor one religion over another.

Religion continued: Free Exercise Clause: Government can’t stop people from practicing their religious beliefs. Secular: non-religious or relating to government or the state. Separation of Church and State: Relationship between secular & religious aspects of country.