The document discusses the rights and freedoms of Americans as protected by the Constitution. It outlines the key freedoms protected by the 1st Amendment - freedom of speech, religion, press, assembly, and petition. While these rights are important, there are also limits to protect national security, public safety, and the rights of others. New technologies pose challenges to privacy and free expression. The Supreme Court works to balance these rights with changing circumstances.
2. • Another responsibility that you have as an
American is to know your rights & freedoms.
As a citizen of the United States, you are
entitled to all the rights protected by the
Constitution, as well as countless others you
are born with. We often refer to these basic,
human rights as our civil liberties. However,
all rights have certain limits.
3. Finding a Balance
• The goal is to keep American society as open and
free as possible
• The Supreme Court protects your rights &
freedoms, but also must consider…
– Your rights vs. national security
– Your rights vs. the rights of others
– Your rights vs. public safety
– How to deal with new technology
– How to deal with situations not in the Constitution
4. The 1st Amendment
The most basic of rights you • 1st Amendment Rights
have can be found in the 1st
amendment. These 5 - Freedom of Speech
freedoms are often referred - Freedom of Religion
to as your freedom of - Freedom of the Press
expression. - Freedom of Assembly
- Freedom of Petition
- Preferred Position
Doctrine: The 1st
amendment rights are more
important than any other
5. Freedom of Speech
• Why we have it – It enables people to speak
out about what they see wrong with their
government or society. Gives the average
citizen power and a voice.
• Even the most controversial and offensive
speech is upheld.
6. Freedom of Speech
• There are 2 types of speech protected by the
Constitution:
1. Pure Speech – Protects anything written or
spoken
2. Symbolic Speech – Protects actions meant to
express yourself (clothing you wear, artwork, dance,
etc.)
7. Don’t say that!
• Not all speech is protected. There are
generally 5 areas where speech is limited:
1. Seditious Speech – Speech that encourages
someone to break the law or resist authority, or
encourages an overthrow of the government.
2. Clear & Present Danger – Speech that presents a
danger to the nation or public safety.
8. Don’t Say That!
3. Fighting Words – Speech that is so harmful it
is likely to incite violence.
4. Defamatory Speech – You cannot lie about
someone in an effort to harm their reputation.
This can take form either by slander (spoken) or
libel (written).
5. Obscenity – Certain speech is harmful and has
no value on society and therefore can be
restricted
9. Free Speech
Protected Not Protected
• Offensive speech such as • Obscene phrases and
flag burning gestures
• Criticism of government • Lies
officials • Speech deemed dangerous
• Protests & Rallies • Speech in school
10. Freedom of Religion
• Why we have it: The founders had fled
religious persecution in England, and wanted
to make sure that people in the United States
could believe whatever they wanted.
• Freedom of Religion has some conflicting
points.
11. Freedom of Religion
• Freedom of Religion is centered around 2
major principles.
1. The Establishment Clause – Government can
make no law, or take any action, that establishes
or endorses a national religion.
– This is what eliminates prayer in public schools,
prevents religious displays in government
buildings,
12. Freedom of Religion
2. Free Exercise Clause – Government can make
no law or take any action preventing the free
exercise of any religion
• You cannot violate the law in the name of
religion, but you may believe and say
whatever you want
13. Freedom of Religion
Legal Illegal
• Vague references to God by • Polygamy
government (on money, • Drug use
pledge of allegiance, etc.) • Other criminal acts
• Student led religious groups • Prayer in public school, led
in public schools (FCA) by school officials
• Teaching classes about
religion
14. Freedom of the Press
• Why we have it: Free Press is one of the most
important pieces of a democratic society. The
press is responsible for reporting to the
people on the actions of government and
elected officials. In this sense they act as a
watchdog to help the people stay informed of
both the good & bad.
15. Freedom of the Press
• The US Government Limits to Press/Media
does not have Prior
Restraint (Government 1. Media reporting of
censorship of media) court cases (releasing
unless the issue directly victims names, other
threatens national sensitive material)
security
2. Advertising – because
• It is often left up to the its for profit
media to police
themselves for honesty 3. Obscenity
& ethics 4. Student Press
16. Freedom of Assembly
• Why we have it: Guarantees the right of
people to come together and meet. This
includes groups that the government may not
like, or protests against the government.
• This right has been used to protest the
Vietnam War, to speak against discrimination
in the civil rights movement, or more recently
during the occupy wall street movements.
17. Limits to Assembly
• Permits can be required
• Cannot interfere with the rights of others
• Does not extend to private property
(trespassing)
• Police can end demonstrations when safety &
order are threatened
18. Freedom of Petition
• Why we have it: This right allows Americans
to petition or contact elected officials to
express their opinion on issues and urge them
to act. It ensures the people will have power
and influence in a democracy.
• Petition has granted women the right to vote,
lowered the voting age, ended prohibition,
amended the constitution, etc.
19. Other Freedoms & New Challenges
• Publics Right to Know: You can seek information on the
government such as emails, memos, files, etc.
• Your right to privacy Where does this begin and end?
For example…
Your trash is not considered private.
Phone records, texts, emails can all be obtained by police
Conversations between you and a spouse are protected.
Medical records are heavily guarded, discussions with
lawyers, etc.
Searches at airports are more intrusive in the name of
security
20. Other Freedoms & New Challenges
• Technology poses many new challenges and
threats to privacy and free speech
The internet has proven difficult to police
Postings on facebook, twitter, texts, and other
websites have led to legal challenges
Often, these sites are policed by schools, law
enforcement and employers and have led to firings,
suspensions, arrests, etc.
GPS and cell phones have been used to track criminals
Cameras are more common and things are recorded
and sent to millions
