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The First Amendment

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 the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

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Which is the most important

Freedom of Speech Right to People?

Religion??
Speech??
Freedom of the Press??
Right to Assemble??
Right to Petition??

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RELIGION and SPEECH

Most would argue that Religion and Speech are the most important, but

SPEECH would win all the time.

The 1st Amendment protects your speech which allows you to express your feelings and your own point of view to others.

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There are Two Types of Speeches

Private Speech: Private speech is to have the right to say what you want to say and to have the right to say what you don’t want to say. You can’t really discriminate if you don’t favor what the other person is saying.

Government Speech: Government speech allows the government to not maintain a neutral viewpoint. The government can pick a favorable perspective and impose reasonable time and place, and manner restrictions on public speech.

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Background Information

Public Forums: In interpreting the first amendment, the United States Supreme Court has held that people have the right to free expression in a public forum. Means that you have the right to speak freely in public even if your message is offensive to some people.

This also means that the government cannot favor one speaker or point of view over the other… (known as Viewpoint Discrimination.)

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Wooley vs. Maynard

Summary: In 1969, New Hampshire passed a law that required all noncommercial vehicle license plates to bear the state motto “live free or die”. George Maynard, rejected the state motto on religious and political grounds and covered the words “Or die” on his plates. He was then charged with misdemeanor and fined.

What do you think?

Should/ Should not be fined?

Why?

Freedom of Speech?

If so, what type of speech was used and why?

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Pleasant Grove vs. Summum

Summary: In the city of Pleasant Grove Utah, there is a monument bearing the Ten Commandments in the town’s public park. Summum, a religious group requested a similar monument in praise to their tenants of faith to be displayed publically as well. Although, the city rejected because they claim the monument does not relate to the city's history. Summum later goes to sue the city claiming they violated their rights as citizens to freedom of speech.