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The First Amendment. Limitations on our fundamental rights SSCG6 The student will demonstrate knowledge of civil liberties and civil rights. . Bellringer. 1. What are some freedoms that we have in our daily lives as US citizens? 2. Can your freedoms ever be taken away or limited? (explain!).
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The First Amendment Limitations on our fundamental rights SSCG6 The student will demonstrate knowledge of civil liberties and civil rights.
Bellringer 1. What are some freedoms that we have in our daily lives as US citizens? 2. Can your freedoms ever be taken away or limited? (explain!)
1st Amendment • The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. (RASPP) • This means that we all have the right to: • practice any religion we want to • to speak freely • to assemble publically and privately (meet) • to address the government (petition) • to publish newspapers, TV, radio, Internet (press)
Are there limitations on this? • Can you think of any circumstances that would limited any of these 1st Amendment freedoms? • Do you think that their should be limits?
Reasons for limitations on Free Speech • Fighting words • Libel • Clear and present danger • Obscene language • Slander • Time, place, and manner (FL-COST)
Freedom of Speech, but with LIMITATIONS! • Freedom of speech includes NOT only the spoken word, but it also includes the concept of freedom of expression • Express = to convey or communicate • Freedom of expression = ability to communicate opinions, ideas- through all types of communication (verbal and nonverbal) • Freedom of expression is a right that Americans cherish…but it is LIMITED!
LIBEL and Slander • Libel = false statements that are written that may hurt another person’s reputation • Slander = spoken words that are false that destroy a person’s reputation • LIBEL and SLANDER are types of speech that the Supreme Court has found to be ILLEGAL, meaning it is NOT protected by the 1st Amendment.
Obscene language • Obscene language = words that can be offensive • Miller v.California (1973) stated that materials were obscene if the work: • appeals “to a prurient interest in sex” • Prurient = arousing an interest or desire • showed “patently offensive” sexual conduct- local standards determine how offensive the work is • lacks “serious literary, artistic, political or scientific value”
Fighting words and Clear and Present Danger • Fighting words = words that threaten another person; incite violence • Clear and Present danger is different than fighting words; these are words that put other people in harm’s way • The Clear and Present Danger limitation was established in the Court case, Schenck v. United States Example: falsely yelling “bomb” on an airplane
Schenck v. United States • Charles Schenck created pamphlets during WWI that protested the draft. He sent these pamphlets to men who were on the draft list. He was arrested for hindering the United States’ efforts in WWI • The question before the Supreme Court: Was his speech protected by the 1st Amendment? • The Court decided NO- his speech put Americans in “clear and present danger” as it inhibited our war effort. Speech that endangers others is not protected.
Time, Place, and Manner • Sometimes speech isn’t completely protected, and it simply depends on when the speech is said (or created) or the way in which it is said • Sometimes, you have to get permission to organize or create a rally (the rally is protected by the 1st Amendment) • The government can restrict speech for public convenience and to promote order
Closing • Give 3 examples of how your first amendment freedoms could be limited. Explain which limitations this is based on (fighting words, clear and present danger, libel, etc…)
