The Fab 5

January 17, 2018 | Author: Anonymous | Category: Social Science, Law, Constitutional Law
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DID YOU KNOW? Only 2% of Americans can name all five rights in the First Amendment of the Constitution.

Can you name them?

WHAT DO YOU THINK? Do you think students in public schools have First Amendment rights?

Yes

No

Depends

HERE IS WHAT THE SUPREME COURT HAD TO SAY: “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.”

So yes, students and teachers do have First Amendment rights at school. However, there may be limits placed on those rights.

WHAT DOES THE FIRST AMENDMENT SAY? 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.

Religion

Speech

Press

Petition Assembly

SO WHAT ARE THE FAB 5?

Freedom Freedom Freedom Freedom Freedom

of of of of of

religion speech assembly press petition

WHAT IS THE FREEDOM OF RELIGION?

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof”

What does that mean? Congress cannot establish a religion for the country and they cannot prohibit the free exercise of religion or the desire to not practice a religion at all. Freedom of religion includes the establishment clause and the free exercise clause.

WHAT IS THE FREEDOM OF SPEECH?

Congress shall make no law… abridging the freedom of speech.

WHAT DOES THE CONSTITUTION MEAN BY “SPEECH”? What is “speech”? The communication or expression of thoughts to convey a message What kinds of speech are there?

WHAT IS THE FREEDOM OF PRESS?

Congress shall make no law… abridging the freedom …of the press

WHAT DOES THE CONSTITUTION MEAN BY “PRESS”? Press: The media and any other organizations that print, broadcast, or gather and transmit news. Why is freedom of the press important?

WHAT IS THE FREEDOM OF ASSEMBLY?

Congress shall make no law respecting the right of the people peaceably to assemble …

WHAT DOES THE CONSTITUTION MEAN BY “PEACEABLY ASSEMBLE”? Peaceably: Not violent; calm

Assemble: To bring together or to gather in one place

WHAT IS THE FREEDOM OF PETITION?

Congress shall make no law respecting…the right of the people to petition the Government for a redress of grievances …

WHAT DOES IT MEAN TO PETITION THE GOVERNMENT?

Petition: a formal request demanding a specific action from the government What petitioning the government can look like:

Peaceful Protest Writing letters to your Representative or Senator

Have community members sign a formal, written petition to send to government.

Limits on Rights Why are there limits on our Constitutional rights?

WHAT IS THE FREEDOM OF RELIGION? Congress cannot establish a religion for the country and they cannot prohibit the free exercise of religion or the desire to not practice a religion at all. WHAT ARE SOME LIMITS ON THE FREEDOM OF RELIGION?

Some examples: Plural marriage

Illegal drug use

Human Sacrifice

The government cannot limit religious FIRST THINGS beliefs, but it can limit religious FIRST: practices.

WHAT DOES THE CONSTITUTION MEAN BY “SPEECH”? What is “speech”? The communication or expression of thoughts to convey a message When should speech be limited? Why not? In the middle of class… Because speech cannot: • Be disruptive of the learning environment …you cannot jump out of • Cause a dangerous situation (be it a your chair… stampede or violence) Other times speech can be limited: …and scream fire if there • If speech injures a person’s reputation nofalse fire.information basedison • If speech is obscene • If speech will infringe on national security

WHAT DOES THE CONSTITUTION MEAN BY “PEACEABLY ASSEMBLE”? Peaceably: Not violent; calm

Assemble: To bring together or to gather in one place What are some limits on the freedom to assemble? Time

Place

Manner

WHAT DOES THE CONSTITUTION MEAN BY “PRESS”? Press: The media and any other organizations that print, broadcast, or gather and transmit news. What are some limits on the freedom of press?

Top Secret National Security Will this information threaten the security of the country?

WHAT DO YOU THINK?

XXX Libel or Slander Is this information false or misleading?

Obscenity Is this material obscene ?

When should limits be placed on the press?

WHAT DOES IT MEAN TO PETITION THE GOVERNMENT? Petition: a formal request demanding a specific action from the government What petitioning the government can look like: What would be some limits on the right to petition the government?

Is it at a Protest reasonable Peaceful time if a group is assembling?

Writing letters to your Representative or Senator

Have community Is the petition being members sign a conducted in a peaceful formal, written manner? Is it threatening or petition to send to violent? government.

WHY IS IT IMPORTANT TO HAVE LIMITS ON RIGHTS?

Rights are limited to protect the general welfare of the people.

REVIEW: WHAT ARE THE FAB 5? Freedom Freedom Freedom Freedom Freedom

of of of of of

religion speech assembly press petition

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