Charles Haynes by dbfQd67


									       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.”
              First Principles
   The First Amendment affirms the freedom of
    the individual.
   Free expression is the foundation — the
    cornerstone — of democracy.
   The First Amendment tells the government to
    keep its “hands off” our religion, our ideas,
    our ability to express ourselves.
   Other people have rights, too.
   When rights collide, government must
    balance them.
   The First Amendment helps us make
Which of the following types of
clothing are protected forms of
     student expression?
        The Tinker Standard
    Tinker v. Des Moines Independent School Dist.
Student speech cannot
be censored as long as
it does not “materially
disrupt class work or
involve substantial
disorder or invasion of
the rights of others.”
Heritage or Hate?
                Split Opinions
o   “School officials are not       o   “The plaintiffs wore the
    required to wait until              shirts to express a certain
    disorder or invasion                viewpoint and that viewpoint
    occurs.” They merely need           was easily ascertainable by
    “the existence of facts which       an observer. . . . . [T]he
    might reasonably lead               school board enforced the
    school officials to forecast        dress code in an uneven and
    substantial disruption.”            viewpoint-specific manner,
    --Phillips v. Anderson              thereby violating core values
    School District, 1997 (South        of the First Amendment.
    Carolina)                           --Castorina v. Madison
                                        County School Board, 2001
Liberals Suck??!?
     The Fraser Standard
Bethel School District No. 403 v. Fraser (1986)
                          Because school
                          officials have an
                          “interest in teaching
                          students the
                          boundaries of socially
                          behavior,” they can
                          censor student
                          speech that is vulgar
                          or indecent, even if it
                          does not cause a
                          “material or
        Fashion Style or Political
   Does the First
    Amendment protect
    the right to wear
    baggy pants?
   If you’re trying to
    make a political
    statement, does it
    matter if other people
    “get it?”
       The Message Matters
(Bivens v. Albuquerque Public Schools,
 A “reasonable” observer would not find a
  particularized message in sagging pants.
 "Sagging is not necessarily associated
  with a single racial or cultural group, and
  sagging is seen by some merely as a
  fashion trend followed by many
  adolescents all over the United States."
Is there a difference between
   Gay and Straight Pride?
           Tinkering with Tinker?
Harper v. Poway School District              Hansen v. Ann Arbor Public
(9th Circuit, 2006):                            Schools
   “A school may regulate student           (E.D. Michigan, 2003):
    speech that would ‘impinge upon
    the rights of other students.’”’           “This case presents the ironic,
    Public school students who may be           and unfortunate, paradox of a
    injured by verbal assaults on the
    basis of a core identifying                 public high school celebrating
    characteristic such as race, religion       ‘diversity’ by refusing to permit
    or sexual orientation, have a right to
    be free from such attacks while on          the presentation to students of
    school campuses.”                           an ‘unwelcomed’ viewpoint on
    -- Judge Stephen Reinhardt                  the topic of homosexuality and
   “I have considerable difficulty with
                                                religion, while actively
    giving school authorities the power         promoting the competing view.”
    to decide that only one side of a
    controversial topic may be                       --The Honorable Gerald E.
    discussed in the school                     Rosen
    environment because the opposing
    point of view is too extreme or
    -- Judge Alex Kozinski (dissent)
          The “Three R’s” of the
            First Amendment
•   Rights -- Individual (Each of us is born with
    certain inalienable rights)
•   Responsibilities -- Mutual (Each of us must
    accept the responsibility to guard the
    rights of others -- especially those with
    whom we most deeply disagree)
•   Respect -- Universal (Each of us must
    commit to debate out differences with

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