First Amendment Lecture

Overview of the First Amendment

• The First Amendment protects four fundamental freedoms: religion, speech, press, and peaceful assembly.

• Text of the First Amendment:

  • "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 of the right of the people peaceably to assemble and to petition the Government for a redress of grievances."

Freedom of Religion

• Establishment Clause

  • States that Congress cannot establish a religion or favor one religion over another.

  • Key Case: Engel v. Vitale

    • Constitutional Principle: Establishment Clause of the First Amendment.

• Free Exercise Clause

  • Prohibits the government from interfering with an individual's right to practice their religion.

  • Key Case: Wisconsin v. Yoder

    • Constitutional Principle: First Amendment's Free Exercise Clause.

Freedom of Speech and Press

Speech and Expression

• The Courts provide the same standard of protections for both speech and press

• Speech encompasses expressions through words, actions, and forms of artistic expression.

• Freedom of speech is not absolute; limitations exist in cases of obscenity, danger, and legal violations.

• Key Case: Schenck v. United States (1919)

  • Established the "clear and present danger" test regarding speech during times of crisis (e.g., WWI).

  • Constitutional Principle: First Amendment’s freedom of speech.

• Symbolic Speech

  • Non-verbal actions that convey a message (e.g., protests).

  • Restrictions on symbolic speech must serve a significant government interest and cannot suppress expression content.

  • Key Case: Tinker v. Des Moines (1969)

    • Constitutional Principle: First Amendment’s right to freedom of speech in schools.

Press

• The Courts provide the same standard of protection for the press as they do for other types of speech

• Citizens and journalists have equal rights to free press under the First Amendment.

• The government can’t invoke Prior Restraint

  • The right to stop spoken/ printed expression in advance

Defamation and Harmful Speech

• Libel and Slander

  • Libel: Written defamation.

  • Slander: Spoken defamation.

  • Burden of proof lies with the claimant to prove malicious intent.

• Key Case: New York Times v. United States (1971)

  • Addresses prior restraint and the Pentagon Papers.

  • Constitutional Principle: Violation of free press clause of the First Amendment.