Box the quote that best illustrates the reason for which our Founders established the First Amendment.

Transcription

1 Name Per Founding Fathers & Supreme Court Justices: How do they define American protest? First Amendment of the US Constitution: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof (1); or abridging the freedom of speech (2), or of the press (3); or the right of the people peaceably to assemble (4), and to petition the government for a redress of grievances (5). Box the quote that best illustrates the reason for which our Founders established the First Amendment. If all printers were determined not to print anything till they were sure it would offend nobody, there would be very little printed. - Benjamin Franklin But none of the means of information are more sacred, or have been cherished with more tenderness and care by the settlers of America, than the press. - John Adams The liberty of the press is essential to the security of the state. John Adams Our liberty depends on the freedom of the press, and that cannot be limited without being lost. Thomas Jefferson Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. Thomas Jefferson They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Benjamin Franklin He that would make his own liberty secure must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach to himself. Thomas Paine "Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings..." Patrick Henry I hold it that a little rebellion, now and then, is a good thing An observation of this truth should render honest republican governors so mild in their punishment of rebellions, as not to discourage them too much. It is a medicine necessary for the sound health of government. Thomas Jefferson ************************* Box the quote that best illustrates how the Supreme Court continues that tradition. Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-american act that could most easily defeat us. Supreme Court Justice William O. Douglas Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. Supreme Court Justice Louis D. Brandeis Censorship reflects a society s lack of confidence in itself. It is a hallmark of an authoritarian regime.... Supreme Court Justice Potter Stewart [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. Supreme Court Justice Robert H. Jackson "The right to revolt has sources deep in our history." Supreme Court Justice William O. Douglas

2 5 major Supreme Court cases that have defined free speech I can/can t Clear and Present Danger Rule (Schenck v. United States, 1919) "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. The question in every case is whether the words are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." Justice Oliver Wendell Holmes Pure Speech Rule (Tinker v. Des Moines, 1969) Wearing of an armband for the purpose of expressing certain views is the type of symbolic act that is (protected) and in this case was entirely divorced from actually or potentially disruptive conduct by those participating in it. It was closely akin to "pure speech" which, we have repeatedly held, is entitled to comprehensive protection.,, The students neither interrupted school activities nor sought to intrude in the school affairs or the lives of others. Justice Abe Fortas Actual Malice Rule (New York Times v. Sullivan, 1964) The First Amendment protects the publication of all statements, even false ones, about the conduct of public officials except when statements are made with actual malice (with knowledge that they are false or in reckless disregard of their truth or falsity)." Justice Hugo Black School Speech Rule (Bethel School District v. Fraser, 1986) The undoubted freedom to advocate unpopular and controversial views in schools and classrooms must be balanced against the society's countervailing interest in teaching students the boundaries of socially appropriate behavior. Even the most heated political discourse in a democratic society requires consideration for the personal sensibilities of the other participants and audiences. Chief Justice Warren Burger Symbolic Speech Rule (Johnson v. Texas, 1989) The hard fact is that sometimes we must make decisions we do not like. We make them because they are right, that the law and the Constitution, as we see them, compel the result. And so great is our commitment to the process that, except in the rare case, we do not pause to express distaste for the result. This is one of those rare cases. Though symbols often are what we ourselves make of them, the flag is constant in expressing beliefs Americans share, beliefs in law and peace and that freedom which sustains the human spirit. The case here today forces recognition of the costs to which those beliefs commit us. It is poignant but fundamental that the flag protects those who hold it in contempt. Justice Anthony Kennedy *************************************** The quote/ rule I think is the MOST American is because.. The quote/ rule I think is the LEAST American is because.. Speech and expression are the least restricted rights Americans have because

3 Morse v. Frederick (2007) Is THIS protest American? Students permitted to leave class to watch the 2002 Olympic Torch Relay pass through town Frederick (Student) showed up with this sign but didn t attend class that day Frederick and the other kids held the sign across the street, not on school property Morse (principal) went across the street and grabbed the banner and later suspended Frederick Frederick sued that this punishment violated his right to free speech In pairs of two, score this speech from -10 to +10 and justify it using multiple pieces of evidence we have already examined as well as evidence above.

4 1) We decide in favor of (the principal, Deborah Morse OR the student, Joseph Frederick,) that the act of is/isn t protected speech according to the US Constitution. 2) Speech like this is/isn t 3) While, on one hand 4) However, strongest reason to decide in favor of is because 5) Additionally, we have decided this way is because

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7 If all printers were determined not to print anything till they were sure it would offend nobody, there would be very little printed. - Benjamin Franklin But none of the means of information are more sacred, or have been cherished with more tenderness and care by the settlers of America, than the press. - John Adams The liberty of the press is essential to the security of the state. John Adams Our liberty depends on the freedom of the press, and that cannot be limited without being lost. Thomas Jefferson Were it left to me to decide whether we should have a government without newspapers, or newspapers without a government, I should not hesitate a moment to prefer the latter. Thomas Jefferson They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Benjamin Franklin He that would make his own liberty secure must guard even his enemy from opposition; for if he violates this duty he establishes a precedent that will reach to himself. Thomas Paine "Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings..." Patrick Henry

8 I hold it that a little rebellion, now and then, is a good thing An observation of this truth should render honest republican governors so mild in their punishment of rebellions, as not to discourage them too much. It is a medicine necessary for the sound health of government. Thomas Jefferson Restriction of free thought and free speech is the most dangerous of all subversions. It is the one un-american act that could most easily defeat us. Supreme Court Justice William O. Douglas Fear of serious injury alone cannot justify oppression of free speech and assembly. Men feared witches and burnt women. It is the function of speech to free men from the bondage of irrational fears. Supreme Court Justice Louis D. Brandeis Censorship reflects a society s lack of confidence in itself. It is a hallmark of an authoritarian regime.... Supreme Court Justice Potter Stewart [F]reedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. Supreme Court Justice Robert H. Jackson "The right to revolt has sources deep in our history." Supreme Court Justice William O. Douglas