What can you do and what cant

you do?
An Amendment online lecture!

Directions
Please take notes on the enclosed PowerPoint for
tomorrows activity! Your notes should reflect
what is allowed under an amendment and what
is not allowed. Its going to be fun!

Freedom of speech means you have the

right..
Not to speak (specifically, the right not to salute the flag).
West Virginia Board of Education v. Barnette, 319 U.S. 624 (1943).
Of students to wear black armbands to school to protest a war (Students do
not shed their constitutional rights at the schoolhouse gate.).
Tinker v. Des Moines, 393 U.S. 503 (1969).
To use certain offensive words and phrases to convey political messages.
Cohen v. California, 403 U.S. 15 (1971).
To contribute money (under certain circumstances) to political campaigns.
Buckley v. Valeo, 424 U.S. 1 (1976).
To advertise commercial products and professional services (with some
restrictions).
Virginia Board of Pharmacy v. Virginia Consumer Council, 425 U.S. 748 (1976); Bates
v. State Bar of Arizona, 433 U.S. 350 (1977).
To engage in symbolic speech, (e.g., burning the flag in protest).
Texas v. Johnson, 491 U.S. 397 (1989); United States v. Eichman, 496 U.S. 310 (1990).

Freedom of speech means you dont have

the right
To incite actions that would harm others (e.g., [S]hout[ing] fire in
a crowded theater.).
Schenck v. United States, 249 U.S. 47 (1919).
To make or distribute obscene materials.
Roth v. United States, 354 U.S. 476 (1957).
To burn draft cards as an anti-war protest.
United States v. OBrien, 391 U.S. 367 (1968).
To permit students to print articles in a school newspaper over the
objections of the school administration.
Hazelwood School District v. Kuhlmeier, 484 U.S. 260 (1988).
Of students to make an obscene speech at a school-sponsored event.
Bethel School District #43 v. Fraser, 478 U.S. 675 (1986).
Of students to advocate illegal drug use at a school-sponsored event.
Morse v. Frederick, __ U.S. __ (2007).

Freedom of Religion
The First Amendment has two provisions concerning religion: the Establishment
Clause and the Free Exercise Clause. The Establishment clause prohibits the
government from "establishing" a religion. The precise definition of "establishment"
is unclear. Historically, it meant prohibiting state-sponsored churches, such as the
Church of England.
Today, what constitutes an "establishment of religion" is often governed under the
three-part test set forth by the U.S. Supreme Court in Lemon v. Kurtzman, 403 U.S.
602 (1971). Under the "Lemon" test, government can assist religion only if (1) the
primary purpose of the assistance is secular, (2) the assistance must neither promote
nor inhibit religion, and (3) there is no excessive entanglement between church and
state.
The Free Exercise Clause protects citizens' right to practice their religion as they
please, so long as the practice does not run afoul of a "public morals" or a
"compelling" governmental interest. For instance, in Prince v. Massachusetts, 321
U.S. 158 (1944), the Supreme Court held that a state could force the inoculation of
children whose parents would not allow such action for religious reasons. The Court
held that the state had an overriding interest in protecting public health and safety.
Sometimes the Establishment Clause and the Free Exercise Clause come into conflict.
The federal courts help to resolve such conflicts, with the Supreme Court being the
ultimate arbiter.

Freedom of the Press

Freedom of the Press means that the press is free to publish their
news stories without interference from the government. There are
limits on the Freedom of the Press.
The press cannot print anything that they know is untrue. Printed
lies are called libel and a news paper or magazine can be held
liable if they print printed lies.
Spoken lies are also disallowed by the Supreme Court. Spoken lies
are called slander. And a news source could be held liable if they
speak lies on air.
The Press also cannot print information that is considered
obscene.
The Press also cannot print any information that could threaten
the security of the country.

Right to petition the government

In order to petition the government legally, you
would peacefully protest, write a letter to your
Representative and/or Senator, and have community
members sign a petition to send to the government.
Some limits on the right to petition the government
include: Time-Is it at a reasonable time that the
group is assembling? And Manner-Is the petition
being conducted in a peaceful manner? Threatening
or violent petitions are not allowed under the
Constitution!