DO YOU KNOW THE FIVE FREEDOMS COVERED BY THE FIRST AMENDMENT?

1. Freedom of Religion
2. Freedom of Speech
3. Freedom of the Press
4. Freedom of Assembly
5. Freedom of Petition
   

Sometimes it’s hard to remember just how far the First Amendment goes to protect your rights as a citizen (and as a student).Here’s the First Amendment, in full:

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.

The First Amendment is only 45 words long, but it’s more than just a document. It’s a living, breathing set of principles that changes meaning as the courts interpret it.

How does that affect you? Consider questions like these:

• Can the government restrict people from making jokes that trivialize tragedies like the World Trade Center attacks?
• Are you in a public school? Can school officials search your locker? Make you wear a uniform? Tell you what to say in a student news broadcast?
• In a time when school safety is an issue of great concern, how are students’ rights of free expression balanced with the need to protect students and teachers?

What will happen to the First Amendment in your lifetime?

The more you know about the Five Freedoms, the better you can exercise your rights and responsibilities as a student and as a citizen. In January 2005, the Knight Foundation surveyed more than 100,000 teens and issued a report about high school students’ understanding of their First Amendment freedoms. What the students said might surprise you.

• Nearly 75% of students surveyed say they don’t know how they feel about the First Amendment, or say that they take it for granted.
• Students are less likely than adults to think that people should be allowed to express unpopular opinions.
• Students are less likely than adults to believe that newspapers should be allowed to publish stories without government approval.
• 75% of students admitted they lack knowledge about key aspects of the First Amendment, or don’t fully understand its protections.

Let’s change those numbers!

In today’s world of global communication, the use – and possible abuse – of the Internet has opened up many new areas of First Amendment concern. So has the increasing role of religion in politics. These issues, and others, will affect your future.

Your First Amendment Rights: Use 'em or Lose 'em!


THINKING ABOUT THE FIVE FREEDOMS

1. FREEDOM OF SPEECH

The right to freely express yourself includes all types of expression - movies, photographs, fine art, songs, even how you dress.

Being able to say what we want is something we Americans take for granted. America’s founding fathers wanted to make sure that free speech would be a protected right for everyone. More than 200 years later, people continue to debate the boundaries of free speech as we communicate in new ways like email, Internet sites, and podcasts.

Of course, there are some restraints on individual speech. Restrictions apply to areas like obscenity (based on standards determined by the local community), libel and slander, blackmail, and genuine threats. And free speech in school doesn’t give any student the right to disrupt class, use foul language, or encourage illegal behavior.

2. FREEDOM OF THE PRESS

A free press has the right to publish news, information, and opinions without government interference; and “the press” is a wide-ranging term. When the founding fathers wrote about freedom of the press, they were thinking about the printing press, the most popular form of mass communication in their day. Today, that freedom applies to television, radio, newspapers, newsletters, magazines, books, lectures, movies, art, dance, telephone, DVDs, and computer chat rooms – the list keeps growing as technology marches on!

A healthy democracy depends on citizens who are educated about modern issues. Where do you learn about what’s happening in your community, the nation, and the world?

Do you watch the network news? A 24-hour news station? The Daily Show? Do you listen to a news radio station? Do you switch radio stations when a song ends and a newsbreak begins? Does your school have student radio or TV station? A student newspaper?

The Knight Foundation report found that students who work on school newspapers have stronger opinions about freedom of the press than their fellow students.

• 64% of students working on school newspapers felt that students should be free to report controversial stories, but that number dropped to 58% among students with no student paper experience.
  
• 61% of student journalists said all newspapers should publish freely without government approval, but only 50% of non-journalist students agreed.

Do student journalists know something that their friends don’t?

Knowledge is power. Freedom of the Press protects your right to know.

3. FREEDOM OF RELIGION

Every person has the right to practice - or not practice! - any faith without government interference, and the government may not force anyone to take part in religious services.

The First Amendment contains two clauses about the Freedom of Religion. The first one, called the Establishment Clause, prohibits the government from passing laws to establish an official religion and warns that the government may not act in any way that seems to prefer one religion over another.

The Free Exercise Clause prohibits the government from interfering with a person’s practice of religion; although civil and federal laws can limit religious actions and rituals.

How does the “separation of church and state” work in public school?

• Can a teacher take a Bible away from a student? Not if the student brought it to school as personal reading material. A student might begin preaching to other students, but he or she must respect the wishes of other students who may not want to listen.
• Can a coach lead the team in prayer before a game? Probably not. That would be promoting a religion and would put pressure on players who do not share that faith.
• Can a teacher who is talking about ancient civilizations in the Middle East tell students to read an article about Islam? Yes. Public schools may teach about religion, but may not teach in a manner that advocates believing in a particular faith.

4. FREEDOM OF ASSEMBLY

All citizens have the right to meet, discuss ideas, and peaceably promote their point of view, even if that message is distasteful to others. Freedom of assembly means that we can gather in public to march, protest, demonstrate, and otherwise express our views in a nonviolent way.

It also means people can join or associate with groups and organizations like unions or political groups without interference. Groups must follow general laws, such as prohibitions on litter, excess noise, crowd congestion, and permit requirements.

Throughout American history the right to assemble was part of the fight for the right to vote, the Civil Rights movement and other landmark moments in our history.

Does Freedom of Assembly apply to you and your friends hanging out at the mall? Consider the rules of Time, Place and Manner.

A shopping mall is private space, not a public space, so it’s not a place for protest. You can’t be barred from the mall just for being young, but you also can’t get in the way of shoppers, restrict people moving through the mall, or create any type of disturbance.

5. FREEDOM TO PETITION

Historically, a petition was a written request to an authority, like the king, to ask for help in correcting a problem. The First Amendment gives us the right to appeal to the government on issues we feel strongly about. This includes many activities aimed at influencing public officials, like gathering signatures on petitions and lobbying elected officials to vote for or against the laws that affect us.

Can public school students circulate petitions that protest school policies? Yes, but there are considerations in choosing when and where to do so. You can’t interfere with students getting to class on time, or try to get signatures during a class lecture.

All United States citizens have the right to petition Congress, state government and legislatures, and courts at any level.

If you have a complaint, speak up!

THE FUTURE OF THE FIVE FREEDOMS IS IN YOUR HANDS

The First Amendment hasn't changed since its ratification in 1791. But those 45 words are constantly being discussed to guide a society that is constantly changing. In this century, the First Amendment has been reconsidered as the government becomes involved in activities like campaign financing, funding of the arts, and the regulation of the media.

As our nation faces concerns of terrorism or of controversial subjects on the Internet, some policymakers may rush to find solutions. It’s important that they don’t lose sight of the Five Freedoms as they do so.

The federal courts, including the Supreme Court, currently show a great deal of respect for the First Amendment and have overturned most misguided attempts to cut our fundamental liberties.

Still, we need to be alert to any efforts to undermine our rights.

Here are some helpful links for additional information on First Amendment issues:

www.hsbj.org
The Radio and Television News Directors Foundation High School Broadcast Journalism website offers information and resources for student broadcasters.

www.firstamendmentschools.org
The First Amendment Schools project has a quiz about the First Amendment, updates about First Amendment law in public schools, and information about how your school can become a laboratory of democracy.

www.teachfirstamendment.org
This is a good place to find links to other First Amendment sites.

www.splc.org
The Student Press Law Center site offers information, advice and legal assistance to student journalists and their teachers.

http://firstamendment.jideas.org/findings/findings.php
Check out the survey that asked more than 100,000 teens about the First Amendment.

www.thefirstammendmentcenter.org
This site includes a library of articles related to court cases and topics, the Supreme Court and news updates.

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