Government: 1st Amendment

What is the first part of the 1st Amendment?

Freedom of Religion

What are the 2 types of clauses?

The Establishment Clause and The Free Exercise Clause

The Lemon test:

-The purpose of the aid must be clearly secular (non-religious)

-Its primary effect must neither advance nor inhibit religion.

-It must avoid “an excessive entanglement of government with religion.”

What is the 2nd part of the 1st Amendment?

Freedom of Speech

What are its purposes?

-guarantees each of us the right to express ourselves

-guarantee all of us the right to hear all viewpoints

-protect the expression of unpopular views: “freedom for the thought we hate.”

What are the 3 types of speech that are not protected?

1. Clear and Present danger rule

2. Defamation

3. Obscenity

Define the clear and present danger rule

Words that are used in such circumstances that will invoke danger or panic.

Examples: “Fire” in a large crowd, Direct physical threats, and Seditious speech.

define defamation

2 types: Libel and Slander

Libel- false and malicious use of printed words

Slander- false and malicious use of spoken words

define obscenity

Obscenity refers to speech or material that violates community standards and has no serious literary, artistic, political, or scientific value.

what is symbolic speech?

nonverbal conduct which is meant to carry a message or idea

What is the 3rd part of the 1st amendment?

Freedom of Assembly and Petition

What’s protected?

• the right to organize to protest

• right to bring views to public officials through petitions, parades, marches, etc

What does it not protect?

does not protect civil disobedience and people breaking laws in protest.

What are the allowable restrictions?

1. time

2. manner

3. place

   • restriction must be content neutral