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GRAPHIC ORGANIZER
First Amendment Rights
GRAPHS
U.S. Adult Religious
Affiliation 2008
Selected Peaceful Protests in U.S.
History
POLITICAL CARTOON
Free Speech
Lesson 1
The First Amendment
ESSENTIAL QUESTION How do societies balance individual and community rights?
It Matters Because
The rights granted under the First Amendment are among our most
basic freedoms.
SS.7.C.2.4 Evaluate rights contained in the
Bill of Rights and other amendments to the
Constitution.
SS.7.C.2.5 Distinguish how the Constitution
safeguards and limits individual rights.
SS.7.C.2.10 Examine the impact of media,
individuals, and interest groups on
monitoring and influencing government.
LA.7.1.6.1 The student will use new
vocabulary that is introduced and taught
directly.
LA.7.1.7.1 The student will use background
knowledge of subject and related content
areas, prereading strategies, graphic
representations, and knowledge of text
structure to make and confirm complex
predictions of content, purpose, and
organization of a reading selection.
LA.7.1.7.3 The student will determine the
main idea or essential message in
grade-level or higher texts through
inferring, paraphrasing, summarizing, and
identifying relevant details.
Reading HELP DESK
Guaranteeing Civil Liberties
GUIDING QUESTION Which individual rights are protected by the First Amendment?
Have you ever seen people protesting a law? Have you ever
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 ourselves 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.
Content Vocabulary
Taking Notes: Identifying SS.7.C.2.4
As you read, complete a graphic organizer like the
one shown to identify the meaning of each of the
five rights protected by the First Amendment.
172 The Bill of Rights
First Amendment Right
1.
2.
Meaning
• civil liberty
• free speech
• censorship
• petition
• slander
• libel
PHOTOS: (tl) World Religions Photo Library/Alamy; (tcl) Gary McCoy/Political Cartoons.com; (tcr) AP Photo/Charles Tasnadi; (tr) Bettmann/CORBIS
NGSSS covered in
“Guaranteeing Civil Liberties”
Freedom of Religion
PHOTO: World Religions Photo Library/Alamy
Freedom of Speech
The First Amendment’s guarantee of
freedom of worship is one reason why the
United States has attracted people from
around the world. Here a Greek Orthodox
priest conducts a church service.
▲
The First Amendment protects freedom of religion in two
ways. First, it says that Congress cannot establish, or set up,
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
history. Many of the people who first settled here left their
homes because they did not have religious freedom. In 1649
Maryland made a law that allowed people in the colony to
follow any Christian faith. In 1682 William Penn made freedom
of religion a basic right for everyone in Pennsylvania.
CRITICAL THINKING
Making Connections In what way
is freedom of religion rooted in U.S.
history? LA.7.1.7.3
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 right of free speech. We can state our
opinions, in public or in private, without
fear of being punished by the government.
Free speech covers what we say in
meetings, conversations, speeches, and
lectures. It includes words spoken in radio
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
than just using words. Internet messages,
art, music, and even clothing are protected.
civil liberty the freedom to think
and act without government interference
or fear of unfair legal treatment
Academic Vocabulary
civil of or relating to citizens
free speech the right to say our
opinions, in public or in private, without
fear of being stopped or punished by the
government for those ideas
Lesson 1 173
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
as well as with words. For example,
flag burning in protest is protected
under the First Amendment.
▲
CRITICAL THINKING
Analyzing Visuals Why does the
sign say to read the Bill of Rights “in
case of fire”? LA.7.1.7.1
PHOTO: Gary McCoy/Political Cartoons.com
Freedom of the Press
Reading HELP DESK
In 1733, publisher John Peter Zenger criticized the governor of
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 they 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 as books, newspapers, and magazines.
Today the press includes many other media sources, such as
censorship the banning of printed
materials or films due to alarming or
offensive ideas they contain
174 The Bill of Rights
petition a formal request for
government action
21st Century
radio, television, and the Internet. Because of freedom of the
press, Americans have a chance to hear a range of views on
public issues.
SKILLS
Information Literacy
Freedom of Assembly
When the Framers wrote the First
Amendment, the Internet did not
exist. Freedom of the press first
emerged for printed news.
Today’s instant sources of news
mean citizens must quickly figure
out if information is accurate.
Americans can compare what we
read in many sources. But in
some countries, such as China,
the government limits Internet
access to control the news that
people get. What do you think are
the benefits of having open access
to Internet information? What
might be some risks? SS.7.C.2.10
The First Amendment protects our right to gather in groups for
any reason, as long as the groups are peaceful. We can attend
meetings, rallies, celebrations, and parades. The government has
the power to make rules about when and where these activities
are held. It cannot ban them, though.
This right includes the freedom of association. That is, the
First Amendment protects our right to form and join clubs,
political parties, labor unions, and other groups.
Freedom to Petition
The First Amendment gives us the right to send petitions to the
government. A petition is a formal request for the government
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.
Petition gives us the right to express ourselves to the
government. Suppose you are not happy about overcrowded
schools. You have the right to send a complaint to members of
the school board. If enough people express similar views, the
board may act.
Analyzing How are Americans’ rights to express themselves protected by
CRITICAL THINKING
Drawing Conclusions What First Amendment
right are the people in this photo exercising, and
why is it important? SS.7.C.2.4
PHOTO: AP Photo/Charles Tasnadi
the First Amendment?
▲
PROGRESS CHECK
Tens of thousands of African American
men and supporters gathered at the
Million Man March on October 16, 1995.
Its purpose was to unify African American
men and encourage them to work to
improve their communities and build their
political power and businesses.
Lesson 1 175
NGSSS covered in
“Limits on Civil Liberty”
SS.7.C.2.4 Evaluate rights contained in the
Bill of Rights and other amendments to the
Constitution.
SS.7.C.2.5 Distinguish how the Constitution
safeguards and limits individual rights.
Academic Vocabulary
restriction a limit placed on
something
slander spoken untruths that are
harmful to someone’s reputation
libel written untruths that are
harmful to someone’s reputation
Limits on Civil Liberty
GUIDING QUESTION Why are limits placed on individual rights?
The First Amendment gives very broad rights to all Americans.
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 are expected to use their civil liberties responsibly.
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 speech is a crime called slander. It is the
crime of libel if the lies are printed.
Free speech is limited in other ways as well. No person,
for example, has the right to speak or write in a way that
directly leads to criminal acts. Also, people do not have the
right to make a speech that will lead to efforts to overthrow
the government by force. These kinds of speech are illegal.
PROGRESS CHECK
Explaining Do Americans enjoy unlimited civil liberties? Explain.
LESSON 1 REVIEW
Review Vocabulary
1. Why are civil liberties important to democracy?
SS.7.C.2.4
2. What is the difference between slander and libel?
LA.7.1.6.1
Answer the Guiding Questions
3. Identifying Name the individual rights protected
by the First Amendment. SS.7.C.2.4
176 The Bill of Rights
4. Evaluating Why is it necessary to limit individual
rights? SS.7.C.2.5
5. EXPOSITORY WRITING Write a paragraph to
explain why you think the First Amendment is
necessary for a democracy. LA.7.1.7.3
Landmark Supreme Court Cases
Dred
Scott
vs. Moines
Sandford
Tinker
v. Des
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.
SS.7.C.3.12 Analyze the significance and outcomes of landmark
Supreme Court cases including, but not limited to, Marbury v.
Madison, Plessy v. Ferguson, Brown v. Board of Education, Gideon v.
Wainwright, Miranda v. Arizona, in re Gault, Tinker v. Des Moines,
Hazelwood v. Kuhlmeier, United States v. Nixon, and Bush v. Gore.
One night in December 1965, a group of
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
school board met the growing protest with a
ban on armbands—to prevent “disturbing
influences” at school.
On December 16, 1965, Christopher, John,
and Mary Beth were suspended for wearing
their armbands to school. Their parents
protested the suspensions in federal court.
They contended that the students’ First
Amendment right of free speech had been
violated.
The Decision
On February 24, 1969, the United States
Supreme Court in a 7–2 decision declared the
school suspensions unconstitutional. Justice
Abe Fortas, who wrote the majority opinion,
first established that the students’ action was
“akin [similar] to pure speech.” Even though
their protest involved no speaking, he
argued, it deserved “protection under the
First Amendment.” In the key passage of the
opinion, Justice Fortas wrote:
It can hardly be argued that either students or
teachers shed their constitutional rights to
freedom of speech or expression at the
schoolhouse gate.
PHOTO: Bettmann/CORBIS
Background of the Case
Mary BBeth
M
th andd JJohn
h Tinker
Ti k
Why It Matters
Supporters of the young protesters saluted
the Court decision that “students are entitled
to freedom of expression of their views.”
Critics who opposed the wearing of the
armbands predicted harmful consequences.
Justice Hugo Black dissented from the
majority opinion. He suggested that the
Court’s decision was “the beginning of a
new revolutionary era of permissiveness in
this country fostered by the judiciary.” He
argued that no one has a complete right to
freedom of speech and expression.
Later decisions, such as Bethel School
District v. Fraser (1986) and Hazelwood School
District v. Kuhlmeier (1988), narrowed
students’ First Amendment rights. These
rulings by their nature also expanded the
authority of school officials.
Analyzing the Case
1. Explaining Why did the students’ lawyers
argue that wearing the armbands was
protected by the First Amendment?
2. Inferring How did Justice Fortas’s concept of
“pure speech” extend First Amendment freespeech rights?
Lesson 1 177