UNPACKING THE FIRST AMENDMENT Civics/Geography

STINGER  Which rights protected by the constitution are most important to you? Why?  Which rights are protected by the First Amendment?  Which rights protected by the constitution are most important to the survival of democracy? Why?  Do you think the rights of students should be different at school than they are in other places? Why or why not?  Which branch of government defines the rights that are protected in the Constitution? How do you know?

REVIEWING THE BILL OF RIGHTS  1-> 5 (Speech, press, religion, petition, assembly)  2 Arms- Right to Bear Arms  3 Quarters- No quartering of troops  4 SS- No unlawful Search and Seizure  Plead the fifth- Due Process (self-incrimination, double jeopardy, eminent domain, etc)  66 MPH on RT 66 in 66 Mustang- Speedy Trial- Trial Rights (impartial jury, trial location, attorney. Witnesses, etc.)  7 people in a box thinking about money- Jury in a civil trial  Can’t hang the fat man- no cruel or unusual punishment  9 happy nights- unenumerated rights (privacy)  10 x 5 = 50 – states rights reserved

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.

CLAUSES  Establishment Clause (freedom FROM religion)  Free Exercise Clause (freedom of religious belief and most practices)  Speech  Press  Peacable Assembly  Petition

CASE ACTIVITY  Find your partner  Read the facts of your case  Answer the five questions at the bottom of the paper  Report out

CREATE THE CHART ABOVE CaseYearIssueOutcome Schenck1919 Near v. MN1931 WV v. Barnette1943 Engel v. Vitale1962 Tinker19639 Brandenburg1969 Miller v. CA1973 Bethel v. Fraser1986 Kuhlmeier1988 Hustler v. Falwell1989 TX v. Johnson1989 Mergens1990 Employment Division v. Smith 1990 American Library Association 2003

SCHENCK V. UNITED STATES  Anti-war leaflets  World War I  Expression during war is limited  Clear and Present Danger Doctrine

NEAR V. MINNESOTA  Newspaper publisher with history of libel and slander  About to publish story calling city manager a racketeer  State shut down presses  Court said state cannot use prior restraint on press

WEST VIRGINIA V. BARNETTE  Jehovah’s Witnesses had religious objection to pledge of allegiance  Court reversed previous decision  Freedom of expression includes right to not express  Students have right not to be forced to violate religious practice for Pledge of Allegiance

ENGEL V. VITALE  Students objected to generalized prayer at school  Prayer was brief  Students were not forced to participate and could opt out  Court sais school could not encourage religious practice  Further cases restricted prayer at graduation and football games

TINKER V. DESMOINES  Vietnam War  Students wanted non-violent, non-disruptive protest  Court upheld students’ right to symbolic speech  Rights do not end at the schoolhouse gates

BRANDENBURG V. OHIO  Members of the KKK were secretly tapes  Brandenburg was identifiable  Scenes of violence, hate speech, etc were captured on video  Court ruled Brandenburg could not be prosecuted for hateful speech that did not result in violence.

MILLER V. CALIFORNIA  Owner of adult bookstore sent pornographic advertisements through the mail  Pornography is not protected speech, because there is a compelling state interest in protecting children  Protected nudity: science, art, politics, literature  Prom= anything that appeals to the prurient interest  I’ll know it when I see it.

BETHEL V. FRASER  Student gave student council election speech with innuendo  Language was suggestive, not graphic  Student was not allowed to speak at graduation  Court upheld school action  Innuendo not protected speech at school

HAZELWOOD V. KUHLMEIER  Principal edited school paper prior to publication  Story included identifiable information about students in articles on abortion and divorce  Court upheld school action  Principal can use prior restraint over school publications and braoadcasts

HUSTLER V. FALWELL  Hustler magazine created satirical advertisement claiming that Jerry Falwell (religious leader) lost virginity to mother in barn with Vodka  Ad was clearly satire  Satire of public officials is protected speech and does not fall under libel, slander, or defamation

TEXAS V. JOHNSON  Johnson burned US flag in protest at Democratic National convention  Arrested for damaging flag  Court overturned conviction  Symbolic speech is protected

WESTSIDE BOARD OF EDUCATION V. MERGENS  School would not support Bible club  School thought supporting club would be establishment  Students thought not having club limited expression  Schools provide a “limited open forum”  Cannot prohibit activity based on content of speech  All clubs or no clubs

EMPLOYMENT DIVISION V. SMITH  Smith fired from rehab facility after using peyote in Native American ceremony  Oregon refused to pay unemployment benefits  Smith claimed religious expression  State claimed compelling state interest in not allowing people to use drugs or to pay unemployment benefits to people who do

UNITED STATES V. AMERICAN LIBRARY ASSOCIATION  Law forced libraries to filter internet being supported by tax dollars  Libraries forced to protect children against the freedoms of adults  Library resisted censorship  Court ruled with libraries

TYPES OF LIMITS ON FIRST AMENDMENT  Time (during times of war, reasonable times of day, during school day, etc. )  Place (School, public square, private property, etc.)  Manner (Peaceful vs. violent, without profanity, etc.)

EXIT TICKET  How and why should first amendment rights be limited in school?