First Amendment Ch. 4, Les. 1

Civil Liberties  All Americans have certain basic civil liberties - the freedom to think and act without government interference or fear of unfair legal treatment  They are call “civil” because they are connected with being a citizen  Many civil liberties are protected under the First Amendment, which allows us to follow our beliefs and express our opinions freely  The First Amendment protects five basic freedoms: religion, speech, press, assembly, and petition  All Americans have certain basic civil liberties - the freedom to think and act without government interference or fear of unfair legal treatment  They are call “civil” because they are connected with being a citizen  Many civil liberties are protected under the First Amendment, which allows us to follow our beliefs and express our opinions freely  The First Amendment protects five basic freedoms: religion, speech, press, assembly, and petition

First Amendment, y’all. “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.”

Only a federal thing?  The Bill of Rights was written to protect Americans from the…  FEDERAL GOVERNMENT  So, the Bill of Rights only applied to federal laws, not state laws, until the 14 th Amendment (we’ll talk about that later). After the 14 th Amendment, the Supreme Court start incorporating the amendments in the Bill of Rights, meaning that they then also applied to state laws.  I know, confusing. It’s ok. I promise.  The Bill of Rights was written to protect Americans from the…  FEDERAL GOVERNMENT  So, the Bill of Rights only applied to federal laws, not state laws, until the 14 th Amendment (we’ll talk about that later). After the 14 th Amendment, the Supreme Court start incorporating the amendments in the Bill of Rights, meaning that they then also applied to state laws.  I know, confusing. It’s ok. I promise.

Freedom of Religion  Why do we have a “freedom of religion,” and what does it mean?  Many colonists came to America in order to practice their religion without interference from the government  William Penn (Pennsylvania) and Roger Williams (Rhode Island) founded the idea of freedom of religion in their colonies, establishing a strict interpretation of “separation of church and state.”  There are two parts- the “establishment clause,” and the “free exercise clause”  Why do we have a “freedom of religion,” and what does it mean?  Many colonists came to America in order to practice their religion without interference from the government  William Penn (Pennsylvania) and Roger Williams (Rhode Island) founded the idea of freedom of religion in their colonies, establishing a strict interpretation of “separation of church and state.”  There are two parts- the “establishment clause,” and the “free exercise clause”

Establishment Clause o Congress cannot establish or support any religion as the official faith of the United States o In 1802, Thomas Jefferson called this clause a “wall of separation between church and state” o The United States is not a country of any one religion Free Exercise Clause o Americans have the right to practice their faith in the way that they want o The government cannot make any laws that would prevent them from worshipping as they choose o What exactly counts as “exercise of faith” has been the topic of many court cases over the last 200 years

Freedom of Speech  The right to say our opinions, in public or in private, without fear of being stopped or punished by the government for those ideas  In many countries, people can be jailed for criticizing the government, even when speaking in private  The Supreme Court has judged many cases on freedom of speech and have decided that “speech” can mean more than just words. Internet messages, art, music, and clothing are included.  The right to say our opinions, in public or in private, without fear of being stopped or punished by the government for those ideas  In many countries, people can be jailed for criticizing the government, even when speaking in private  The Supreme Court has judged many cases on freedom of speech and have decided that “speech” can mean more than just words. Internet messages, art, music, and clothing are included.

Freedom of the Press  The government cannot censor newspapers. Censorship - the banning of printed materials or films due to alarming or offensive ideas they contain  This idea was established in the United States in John Peter Zenger, a publisher, was arrested for criticizing the governor of NY in his newspaper. His attorney argued that only a press that is free to criticize the government can keep that government from misusing its power. Zenger was found not guilty.  The government cannot censor newspapers. Censorship - the banning of printed materials or films due to alarming or offensive ideas they contain  This idea was established in the United States in John Peter Zenger, a publisher, was arrested for criticizing the governor of NY in his newspaper. His attorney argued that only a press that is free to criticize the government can keep that government from misusing its power. Zenger was found not guilty. Not guilty for what?

The government also cannot prevent information from being published or broadcast o In many other countries, news stories are reviewed by government officials before they are printed. Reporters risk being arrested if they publish stories against the government. What is considered “the press” has changed over time o When the Bill of Rights was first written, it was considered printed material such as books, newspapers, and magazines o Now, it includes radio, television, and the internet. With changes in technology, the courts have heard cases regarding how “freedom of press” relates to new forms of press.

Freedom of Assembly  The First Amendment protects our right to gather in groups for any reason, as long as the groups are peaceful  The government can make rules about when and where gatherings such as rallies and parades can be held, but they cannot ban them  This includes “freedom of association”- the right to form and join clubs, political parties, labor unions, etc.  The First Amendment protects our right to gather in groups for any reason, as long as the groups are peaceful  The government can make rules about when and where gatherings such as rallies and parades can be held, but they cannot ban them  This includes “freedom of association”- the right to form and join clubs, political parties, labor unions, etc. Occupy Wall Street Even Communists

Freedom to Petition  Petition- a formal request for government action  Often it is used to describe a written statement that people sign in support of an idea. But, even one from one person is considered a petition.  This gives us the right to express ourselves to the government. If enough people express the same views, the government might act.  Petition- a formal request for government action  Often it is used to describe a written statement that people sign in support of an idea. But, even one from one person is considered a petition.  This gives us the right to express ourselves to the government. If enough people express the same views, the government might act. Have you ever petitioned for something?

Limits on Civil Liberty  The First Amendment does not mean that people can do whatever they want- the rights of one individual must be balanced against the rights of another  There are exceptions to every right that we have as citizens of the United States.  The First Amendment does not mean that people can do whatever they want- the rights of one individual must be balanced against the rights of another  There are exceptions to every right that we have as citizens of the United States.

o Rights of the community come before that of the individual o Citizens are expected to use their rights responsibly o You have the right to use your property as you wish, but you cannot blast music late at night if it bothers your neighbors o You have the right to criticize public officials, but you cannot spread lies that can harm an individual’s reputation. o Spreading such lies in speech is called slander. It is called libel if the lies are printed. These exceptions have all been established through cases that have gone to the Supreme Court. We will examine several this week.

Questions 1)Why are civil liberties important to democracy? 2) What is the difference between slander and libel? 3) Name the individual rights protected by the First Amendment 4) Why is it necessary to limit individual rights?