Which means of political expression is guaranteed under the constitution?
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Appropriate academic subjects Show Suitable for classes in government, civics, and English. Focusing situation Various legislative efforts have been made at the state and federal levels to amend or limit First Amendment protections for a variety of reasons, often in the name of “truthfulness” or of reform of campaign-finance law. Among the public, support for First Amendment freedoms remains strong, but wavers within some groups on certain types of controversial speech. The purpose of this exercise is to instill in students a greater understanding and appreciation for the freedoms the First Amendment guarantees and protects – by asking them to envision life in the United States without some or all of those freedoms. Key concepts The types of expression protected by the First Amendment. The First Amendment reads: “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.” Time period One class session. Procedure Prepare students for the topic by assigning readings from the recommended list and/or from other sources. Lead a discussion on First Amendment principles to ensure grasp and understanding. Briefly review, from the readings below, the five freedoms enshrined in the First Amendment – speech, press, religion, assembly, and petition. Make clear that a lack of First Amendment guarantees could result in legislative and other legal action to punish speakers, writers, adherents to particular religions, rally organizers and participants, and people seeking to complain to the government about perceived wrongs. Ask students to think of and state examples of forms of expression that would be at risk without First Amendment protections. For prompting purposes, these could include:
Assessment/evaluation Assign a short essay responding to the classroom discussion. Essays could focus on a specific First Amendment freedom and what society and individual lives would look like if that freedom were curtailed. Or they could take a “bird’s eye” view of political life in the United States with no First Amendment guarantees. Materials and readings Reading: First Amendment – by Eugene Volokh, in Encyclopedia Britannica Survey: Nearly one-quarter of Americans say the First Amendment goes too far in the freedoms it guarantees – First Amendment Center/Newseum Institute Reading: Trump threatens to weaken First Amendment protections for reporters – by Jeff Horwitz, Associated Press, on PBS.org Reading: The threat to American democracy – by Sens. Tom Udall and Bernie Sanders, on Politico Reading: Actually, senators, you’re the ones who threaten the American republic – by David Harsanyi, on The Federalist Reading: Court rules against Ohio false-statement campaign law – by Andrew Welsh-Huggins, Associated Press, on Cincinnati.com Resource: SLAPP suits – Strategic Lawsuits Against Public Participation. Civil Liberties Defense Center Video: Yale students sign petition to end First Amendment – Mediaite Additional bibliography The Soul of the First Amendment, by Floyd Abrams. Yale University Press, 2017. Kindly Inquisitors: The New Attacks on Free Thought (expanded edition), by Jonathan Rauch. University of Chicago Press, 2014. Free Speech for Me – But Not for Thee, by Nat Hentoff. HarperCollins, 1992. What are the rights guaranteed by the Constitution?The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances. The Second Amendment gives citizens the right to bear arms.
Which type of expression is well protected by the Constitution?The Supreme Court has recognized that the First Amendment's protections extend to individual and collective speech “in pursuit of a wide variety of political, social, economic, educational, religious, and cultural ends.” Roberts v.
What was guaranteed in the new constitution?The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
Are all forms of expression are protected by the Constitution?Speech is not usually protected when it constitutes a threat toward another that places the target of such speech of bodily harm or death. There are certain exceptions, such as when a reasonable person would understand the language not to be a credible threat.
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