The First Amendment in details Flashcards
1
Q
Freedom of religion
A
- Separation of church and state
- e.g. Maryland school religious exercises were declared a violation of the Establishment Clause
2
Q
George Washington example on religion
A
- George Washington swore his presidential oath on a Bible. He didn’t have to (freedom from religion) but he was allowed to (freedom of religion).
3
Q
diff of and from religion
A
It has been interpreted both as a limit to the control that government can have over the practice of religion (freedom of religion) and as a limit to the influence that religion can have on how government functions (freedom from religion)
4
Q
Freedom of speech don’t protect
A
- speech which is “directed to inciting or producing” “imminent lawless action” and is “likely to incite or produce such action” .
- Knowingly making a false statement of fact & false advertising
- sexual content that lacks serious literary, artistic, political, or scientific value
- Fighting words > directed to the person of the hearer, direct personal insult
- Threats
5
Q
Freedom of speech limits
A
- Threats may not be punished if a reasonable person would understand them as obvious hyperbole
- The fact that an audience takes offense to certain ideas or expression, the Court found, does not justify prohibitions of speech.
6
Q
French differences
A
France limits free speech in a few ways that the US does not:
* Privacy
* Defamation of political figures
* Historical revisionism
* Insults
* Hate Speech
7
Q
In defence of free speech
A
- Making “dangerous” speech illegal will not eliminate it.
- Arresting and punishing someone for such speech could make him a hero to those who share his ideas, allowing him to be portrayed as a victim of state power.
8
Q
Freedom of assembly and Snyder funeral
A
- Freedom of (peaceful) assembly is considered more important than the emotional harm it sometime inflicts.
- Protest during the funeral “thank god for dead soldier”
