First Amendment Freedoms

SECTION 2

Name: _________________________________________________ Date: __________________

As you read, think about the answers to these questions:

How does the First Amendment protect freedom of religion?
What has the Court said about freedom of speech?
How have Supreme Court decisions affected freedom of the press?

The First Amendment

Annotation Instructions:

Circle the specific text of the First Amendment within the paragraph below.

The First Amendment to the Constitution states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and to petition the government for a redress of grievances." Like much of the Constitution, the First Amendment says much in few words. But those words created a complex debate that still goes on—how to balance the rights of the individual with the needs of society.

Many Americans believe that the First Amendment gives them the right to think, say, or write whatever they choose. Others believe that an individual’s actions should never endanger the rights of the majority of citizens. The Supreme Court has had the challenge of interpreting the First Amendment through cases that come before it. The cases described below are a few examples of the specific and complicated situations that the Court considered. Sometimes the Court has upheld First Amendment rights, but at other times it has placed limits on those freedoms. The cases described below are examples of some of the First Amendment cases that the Supreme Court has considered.

Turn and Talk

Why is it difficult for the government to "balance the rights of the individual with the needs of society"?

Sentence Frame:

It is difficult to balance rights because __________________________________________________________.

Clauses to Protect Freedom of Religion

Annotation Instructions:

Underline the example of how the government supports religion despite the "separation of church and state."

The First Amendment reflects the belief of the Framers that religious and political matters should be separate. In practice, however, the separation of church and state is not always obvious. For example, the government supports religion by allowing religious groups not to pay property taxes, and both the currency of the United States and the Pledge of Allegiance make reference to God. The First Amendment protects religious freedom in two clauses: the establishment clause and the free exercise clause.

The Establishment Clause

Annotation Instructions:

Box the definition of the establishment clause and star the name of the case that dealt with prayer in public schools.

The establishment clause states that “Congress shall make no law respecting an establishment of religion . . . ,” thus prohibiting the government from establishing a national religion. Most of the Court’s rulings on this clause have been issued during the last 60 years.

Everson v. Board of Education (1947) involved a New Jersey law that provided public government funding to transport children to private religious schools. Opponents of the law argued that it violated the establishment clause, but the Supreme Court disagreed. The Court ruled that aid to children did not constitute governmental support of religion.
Engel v. Vitale (1962) was one of the most controversial Supreme Court decisions concerning the issue of prayer in public schools. The New York State Board of Regents had written a nonsectarian prayer and allowed students to recite it on a voluntary basis. The Court ruled that the government should not be writing prayers, nor should religious exercises be conducted in public schools.

Stop and Jot

Why did the Supreme Court rule against the prayer in Engel v. Vitale, even though it was "voluntary"?

Sentence Frame:

Even though the prayer was voluntary, the Court ruled against it because _____________________________________.

The Free Exercise Clause

Annotation Instructions:

Highlight the difference between a person's "beliefs" and their "actions" as described in the Reynolds case.

The free exercise clause states that “Congress shall make no law . . . prohibiting the free exercise [of religion] . . . .” This clause prohibits government from interfering in Americans’ free exercise of their religious beliefs. The earliest Supreme Court decisions about church-state relations involved the Court’s interpretation of the free exercise clause.

Reynolds v. United States (1879) involved the prosecution of George Reynolds, a Mormon who had two wives. Although federal law prohibited polygamy, Reynolds’s religion permitted the practice. The Supreme Court ruled that while he was free to believe what he wanted, his actions had to conform to federal laws. The Court’s message was clear: The government could not regulate a person’s beliefs, but it could regulate his or her actions.
Wisconsin v. Yoder (1972) involved an Amish community that objected to sending their children to public schools after eighth grade, claiming that such exposure of their children to another culture would endanger the group’s lifestyle, which was essential to their faith. The Court decided that requiring attendance of the Amish children in public school past the eighth grade would conflict with their ability to practice their religion, and would, therefore, be unconstitutional.

Freedom of Speech and Its Limitations

Annotation Instructions:

Put a square around the phrase "clear and present danger" and underline the reason why Schenck was arrested.

A democratic system of government works effectively only if citizens can openly express different points of view. Some of those opinions are likely to be unpopular. By guaranteeing freedom of speech, the First Amendment makes it possible for people to deal with the complicated issues of the day and make informed choices. Like freedom of religion, however, freedom of speech is not absolute in the United States. The Supreme Court has placed restrictions on speech that seems to threaten the rights of others or the social order.

Schenck v. United States (1919) involved Charles Schenck, an officer in an antiwar political group. He was arrested for alleged violations of the Espionage Act of 1917, which made active opposition to World War I a crime. Schenck had urged thousands of young men to resist the draft. The Court upheld limiting free speech in time of war, stating that Schenck’s words presented a “clear and present danger” to society.

Turn and Talk

Why might the government need to limit free speech during a war?

Sentence Frame:

The government might limit speech during war because _______________________________________________.

Free Press Issues

Annotation Instructions:

Underline the definition of libel. Highlight the standard required to prove libel in the Sullivan case.

Closely related to the issue of free speech is that of free press. As with other areas of the First Amendment, the Court has had to balance individual rights with those of society.

New York Times Co. v. Sullivan (1964) set constitutional limits on libel law and expanded the protections for the press to criticize public officials. In this case, L. B. Sullivan claimed that an advertisement in the New York Times contained passages that falsely libeled him. The ad contained several inaccuracies, and Sullivan brought suit against the newspaper for not checking the facts before publishing the ad. The Court ruled that Sullivan could not collect damages unless it could be proved that the libelous statements had been made with “actual malice”—with the knowledge that the statements were false, or with reckless disregard of whether they were false.
New York Times Co. v. United States (1971) pitted freedom of the press against national security. During the Vietnam War, the U.S. government obtained a temporary restraining order to prevent the New York Times and the Washington Post from publishing classified documents. The documents revealed that the United States was more heavily involved in the Vietnamese civil war than public officials had admitted. The government claimed that the publication of the so-called Pentagon Papers would harm the security of the nation. By a vote of 6–3, the Court ruled in favor of the newspapers, finding that the government had failed to meet “the heavy burden of showing justification” for prohibiting the newspapers from publishing the Pentagon Papers.

The cases described here represent only a fraction of the total number of First Amendment cases the Supreme Court has considered. They are, however, sufficient to show how the high court has confronted the issue of balancing the rights of the individual with the needs of society.

Stop and Jot

What is "actual malice" according to the Supreme Court?

Sentence Frame:

Actual malice means that a statement was made with ________________________________________________.

Section 2 Review

1. Defining Constitutional Terms

Write a brief definition for each of the following terms.

a. establishment clause:

b. free exercise clause:

c. libel:

2. Reviewing Social Studies Skills: Classifying Facts

The cases described in this lesson concerned the freedoms of religion, speech, and the press. In the space provided next to each case, write the freedom with which the case is associated.

Wisconsin v. Yoder

Schenck v. United States

New York Times Co. v. Sullivan

Gitlow v. New York

Engel v. Vitale

3. Reviewing the Main Ideas

Using complete sentences, write a brief answer for each of the following questions.

a. In what two ways does the First Amendment protect freedom of religion?

Frame: The First Amendment protects freedom of religion through the ______________ and the ______________.

b. What kinds of speech has the Court refused to protect under the First Amendment?

Frame: The Court has refused to protect speech that _________________ or presents a __________________.

c. How did the Supreme Court decision in New York Times Co. v. Sullivan affect freedom of the press?

Frame: The decision affected freedom of the press by _______________________________________________.

4. Critical Thinking Skills: Understanding the Constitution

On a separate sheet of paper, write a paragraph to answer the following question.

Do you agree or disagree that the Supreme Court's decision in Engel v. Vitale limits freedom of religion? Explain your answer.

Sentence Starter:

"I (agree / disagree) that the decision in Engel v. Vitale limits religious freedom because..."

First Amendment Freedoms

First Amendment Freedoms Chunked Reader Document

First Amendment Freedoms Instructional Presentation

First Amendment Freedoms Teacher Guide Resource

First Amendment Freedoms Answer Key Resource

First Amendment Freedoms Exit Ticket Document

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