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GRAPHIC ORGANIZER
First Amendment Rights
GRAPHS
U.S. Adult Religious
Affiliation 2008
Selected Peaceful Protests in U.S. Lesson 1
History
POLITICAL CARTOON
Free Speech
The First Amendment
ESSENTIAL QUESTION How do societies balance individual and community rights?
Alabama Course of Study IT MATTERS BECAUSE
Seventh Grade Civics
The rights granted under the First Amendment are among our most
10. Describe individual and civic responsibilities
basic freedoms.
of citizens of the United States.
11. Compare changes in social and economic
conditions in the United States during the
Guaranteeing Civil Liberties
twentieth and twenty-first centuries.
GUIDING QUESTION Which individualrights are protected by the First Amendment?
Have you ever people protesting a law? Have you ever
seen
wondered why police officers in a movie have to tell a suspect
of his or her rights? Have you ever thought about who can vote?
All these questions have to do with certain basic civil
liberties we have. Civil liberties are the freedoms we have to
think and to act without interference from the government or
without fearing that we will be treated unfairly. They are the
cornerstone of our way of life. They are called civil liberties
because they are connected with being a citizen.
Many of these civil liberties are protected under the Bill of
Rights, the first 10 amendments to the Constitution. Lesson 2
will talk about the rights covered in the Second through
the Tenth Amendments. In this lesson, you will learn
the
importance of the First Amendment. It allows us
to follow our
own beliefs and express ourselve
s freely.
The First Amendment protects five basic freedoms
. These are
freedom of religion, freedom of speech, freedom
of the press,
freedom of assembly, and freedom to petition
the government.
Reading HELPDESK CCSS
Taking Notes: Identifying
Content Vocabulary
First Amendment Right
As youread, complete a graphic organizer like the Meaning
1. civil liberty petition
one shown to identify the meaning of each of the
free speech slander
five rights protected by the FirstAmendment. 2
censorship libel
08 The Billof Rights
Freedom of Religion
The First Amendment protects freedom of religion in two
ways. First, it says that Congress cannot establish, or support,
any religion as the official faith of the United States. Because it
stops the government from establishing a state religion, this rule
is called the establishment clause. In 1802 President Thomas
Jefferson called this clause a "wall of separation between church
and state." Because of this clause, the United States does not
have an official religion as Iran and Egypt do.
The second way the First Amendment protects freedom
of
religion is in how people express their faith. Under the First
Amendment, Americans have the right to practice their faith in
the way that they want. The government cannot make laws that
would stop them from worshipping as they choose. People in
some nations do not have these rights. For instance, the People's
Republic of China puts limits on some religions.
Freedom of religion has long been part of United States The First Amendment's guarantee of
history. Many of the people who first settled here left their freedom of worship is one reason why the
United States has attracted people from
homes because they did not have religious freedom. 1649 In
around the world. Here a Greek Orthodox
Maryland made a law that allowed people in the colony to
priest conducts a church service.
follow any Christian faith. In 1682 William Penn made freedom
►CRITICAL THINKING
of religion a basic right for everyone in Pennsylvania. Making Connections In what way
U.S.
is freedom of religion rooted in
history?
Freedom of Speech
In some countries, people can be jailed for
criticizing the government. They worry even
when speaking in private that their words
can be used against them, In the United
States, the First Amendment guarantees
our rightof free speench. We can state our
opinions, in public or in private, without
fear of being punished by the government.
Freespeech covers what we say in
meetings, conversations, speeches, and
lectures. It includes words spoken in radio
Rellgions Photo Library/Alamy
and television broadcasts as well. The
Supreme Court has judged many cases that
are connected to this freedom. Its decisions
have shown that "speech" can mean more
PHOTO: World
than just using words. Internet messages,
art, music, and even clothing are protected.
civil liberty the freedom to think Academic Vocabulary free speech the right to say our
and act without government interference civil of or relating to citizens opinions, in public or in private, without
or fear of unfair legal treatment fear of being stopped or punished by the
government for those ideas
Lesson 1 129
This cartoon is a comment on the
importance of the right to free
speech. This freedom includes the
right to express our views with actions
with words. For example,
as well as IN CASE OF FIRE
flag burning in protest is protected READ THIS
under the First Amendment.
►CRITICAL THINKING Bill of Rights
Analyzing Visuals Why does the
sign say to read the Bill of Rights "in
case of fire"?
CAGLeCartoo
[Link]
Care
PHOTO: Gary McCoy/Political Cartoons.
Freedom of the Press
In 1733, publisher John Zenger criticized the governor of
Peter
New York in his newspaper. As a result, Zenger was arrested.
Lawyer Andrew Hamilton agreed to defend Zenger at his
trial. He argued that only a press that was free to criticize the
government can keep that government from misusing its power.
Hamilton's argument worked. Zenger was found not guilty. The
case is seen as a big step in the rise of a free press in America.
Because we have freedom of the press, the government
cannot censor news reports. Censorship means banning
printed materials or films because they have alarming or
offensive ideas. The government is also blocked from another
kind of censorship. It cannot prevent information from being
published or broadcast. Reporters in many other countries
are not protected in these ways. Their stories are reviewed by
government officials, who take out parts tey do not approve
of. Reporters also run the risk of being arrested if they publish
stories their leaders do not like.
When the Bill of Rights was written, "the press" referred to
printed materials such books, newspapers, and magazines.
as
Today the press includes many other media sources, such as
Reading HELPDESK CCSS
censorship the banning of printed petition a formal request for
materials or films due to alarming or government action
offensive ideas they contain
130 The BillofRights
radio, television, and the Internet. Because
of freedom of the
press, Americans have a chance to hear a range 21st Century
of
public issues.
views on
SKILLS
Information Literacy
Freedom of Assembly
When the Framers wrote the First
The First Amendment protects right to gather in groups for
our Amendment, the Internet did not
any reason, as long as the groups are peaceful. exist. Freedom of the press first
We can attend
meetings, rallies, celebrations, and parades. The emerged for printed news.
government has Today's instant sources of news
the power to make rules about when and wher
e these activities ust quickly figure
mean citizens must
are held. It cannot ban them, thou
gh. out if information is accurate.
This right includes the freedom of associat Americans can compare what we
ion. That is, the
read in many sources. But in
First Amendment protects our right to form and
join clubs, some countries, such as China,
political parties, labor unions, and other groups. the government limits Internet
access to control the news that
Freedom to Petition people get. What do you think are
the benefits of having open access
The First Amendment gives us the right to send petitions to the to Internet information? What
government. A petition is a formal request for the government might be some risks?
to act. Often the word is used to mean a written statement that
hundreds or thousands of people sign. Even a simple letter or
e-mail from one person is a petition, though.
Tens of thousands of African American
Petition gives us the right to express ourselves to the
men and supporters gathered at the
government. Suppose you are not happy about
overcrowded Million Man March on October 16, 1995.
schools. You have the right to send a complaint to members of Its purpose was to unify African American
men and encourage them to work to
the school board. If enough people express similar views, the
improve their communities and build their
board may act.
political power and businesses.
PROGRESS CHECK ►CRITICAL THINKING
Drawing Conclusions What First Amendment
Analyzing How are Americans' rights to express themselves protected by right are the people in this photo exercising, and
the First Amendment? why is it important?
esson 1 131
Limits on Civil Liberty
GUIDING QUESTION Why are limits placed on individual rights?
The First Amendment gives
broad rights to all Americans.
very
By the same token, it was never intended to allow citizens to
do whatever they please. The rights of one individual must be
balanced against the rights of others. Individual rights must also
be balanced against the rights of the community. When there is
a conflict, the rights of the community often come first. If that
were not the case, society would break apart.
Citizens expected to use their civil liberties responsibly.
are
This means that in exercising their individual rights, they
should not interfere with the rights of others. For example, you
are free to campaign for causes, but you may not disturb your
neighbors with blaring loudspeaker broadcasts.
Similar limits apply to larger groups as well. As you read
earlier, the government has the power to set some limits on the
right of assembly. If an organization wants to stage a parade,
the government can determine when and where the parade can
be held.
Some restrictions, or limits, can even be placed on free
speech rights. Those limits have to be reasonable, though. You
have the right to criticize public officials, but you do not have
the right to spread lies that will harm a person's reputation.
Spreading such lies in speechh is a crime called slander. It is the
crime of libel if the lies are printed.
Academic Vocabulary
Free speech is limited in other ways as well. No person,
restriction a limit placed on
for example, has the right to speak or write in a way that
something
directly leads to criminal [Link], people do not have the
right to make a speech that will lead to efforts to overthrow
slander spoken untruths that are
harmful to someone's reputation
the government by force. These kinds of speech are illegal.
PROGRESS CHECK
libel written untruths that are
harmful to someone's reputation Explaining Do Americans enjoy unlimited civil liberties? Explain.
LESSON 1 REVIEW CCSS
Review Vocabulary 4. Evaluating Why is it necessary to limit individual
1. Why are civil liberties important to democracy? rights?
2. What is the difference between slander and libel? 5. ARGUMENT Write a paragraph to explain why you
think the First Amendment is necessary for a
Answer the Guiding Questions democracy.
3. Identifying Name the individual rights protected
by the First Amendment.
132 The BillofRights
CCSS
Landmark Supreme Court Cases
Tinker v. Des Moines School District
Public school officials set standards of behavior
that students are expected to follow. Does this
arrangement leave students with any rights?
Sometimes the Supreme Court must decide.
Background of the Case
One night in December 1965, aof group
PHOTO: Bettmann/Getty Images
public school students, led by high school
sophomores Christopher Eckhardt and John
Tinker and eighth-grader Mary Beth Tinker,
wore black armbands to protest the Vietnam
War. As other students joined the armband
protest, principals and members of the Mary Beth and John Tinker
school board met the growing protest with a
ban on armbands—to prevent "disturbing Why It Matters
influences” at school.
Supporters of the young protesters saluted
On December 16, 1965, Christopher, John, the Court decision that “students are entitled
and Mary Beth were suspended for wearing to freedom of expression of their views."
their armbands to school. Their parents Critics who opposed the wearing of the
protested the suspensions in federal court. armbands predicted harmful consequences.
They contended that the students' First Justice Hugo Black dissented from the
Amendment right of free speech had been majority opinion. He suggested that the
violated. Court's decision was "the beginning of a
new revolutionary era of permissiveness in
The Decision this country fostered by the judiciary." He
On February 24, 1969, the United States argued that no one has a complete right to
Supreme Court in a 7-2 decision declared the freedom of speech and expression.
Later decisions, such as Bethel School
school suspensions unconstitutional. Justice
Abe Fortas, who wrote the majority opinion, District v. Fraser (1986) and Hazelwood School
first established that the students' action was District v. Kuhlmeier (1988), narrowed
"akin [similar] to pure speech." Even though students' First Amendment rights. These
their protest involved no speaking, he rulings by their nature also expanded the
argued, it deserved "protection under the authority of school officials.
First Amendment." In the key passage of the
opinion, Justice Fortas wrote: Analyzing the Case
1. Explaining Why did the students' lawyers
It can hardly be argued that either students or
argue that wearing the armbands was
teachers shed their constitutional rights to protected by the First Amendment?
freedom of speech or expression at the
2. Inferring How did Justice Fortas's concept of
schoolhouse gate.
"pure speech" extend First Amendment free-
speech rights?
133