Speech
What does freedom of speech mean?
We generally have the right to speak freely, without government intrusion.
May Congress make a law restricting the press?
No.
Is there a difference between a prayer stated over the loud speaker, and a prayer that you whisper to yourself?
Yes. The First Amendment wants to ensure that people are not subjected to prayers publicly, if they don't wish to be. Saying a prayer to yourself, quietly, is not public.
True or False: Our constitutional freedoms are based off of freedoms that we lacked in England, under the King's control.
True.
True or false: You are allowed to speak freely in all countries.
False.
May a school ban a book from its library because they dislike the ideas contained in those books?
No, look to the Pico case.
This clause prevents the US from imposing a state-wide religion.
The Establishment Clause
Freedom of Religion protects the practice of all religions except for this one.
Trick question! All religions are protected under the First Amendment.
Do students have the same First Amendment speech rights that adults have outside of school?
No, student speech rights are much more regulated than adult rights.
True or False: The First Amendment provides no protection from censorship by private school officials.
True. Private school officials are not government actors. Remember that our amendments protect us from government intrusion.
The clause the prohibits the government from interfering with the free exercise of religion.
The Free Exercise Clause
What is the difference between pure speech and symbolic speech? Think about the black armband case (Tinker)
Pure speech = verbal expression
Symbolic speech = actions and symbols
Can the school prevent you from wearing an I<3 Promethazine and Codeine t-shirt? Why or why not?
Yes, the school can prevent students from speech that involves drugs. This t-shirt would likely disrupt classroom activity.
Can educators exercise editorial control over the contents of a high school newspaper that is produced as part of the school’s journalism curriculum?
Yes, as long as their control is related to legitimate educational concerns, such as preventing discussion of childhood sexual activity.
Does the First Amendment give us the right to NOT practice a religion?
Yes.
True or False: The First Amendment protects ideas that may be unpopular.
True.
When can schools regulate student speech?
Speech may be regulated if it substantially disrupts or materially interferes with school activities or the rights of other students.
True or False: State and local government officials (for example, a school board) can pass laws or policies that provide students with more free press protection than that provided by the First Amendment.
True. The First Amendment provides a minimum floor to protection, so states, or schools are free to grant students more protection.
At what age does your freedom of religion begin?
You are born with this freedom!
What are the first ten amendments to the Constitution called?
The Bill of Rights.