1. Bill of Rights- First Amendment Notes

2. 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

3. 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

4. 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.

5. 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.

6. 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.

7. 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.

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

9. 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.

10. 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.