In this lesson students gain insight into the many challenges involved in defining and protecting free speech. They also learn about principles that come from U.S. Supreme Court decisions, such as Tinker v. Des Moines Independent Community School District and Morse v. Frederick, and case law that are applied to define the limits for us today.
This documentary examines the First Amendment’s protection of a free press as well as the historic origins of this right and the ramifications of the landmark ruling in New York Times v. United States, the Pentagon Papers case, in which the U.S. Supreme Court ruled that prior restraint is unconstitutional.
Justices Breyer, Kennedy and O’Connor and students discuss students’ free speech rights in the U.S. Supreme Court cases Tinker v. Des Moines Independent Community School District and Morse v. Frederick.
The First Amendment allows citizens to express and to be exposed to a wide range of opinions and views. It was intended to ensure a free exchange of ideas even if the ideas are unpopular. Freedom of speech encompasses not only the spoken and written word, but also all kinds of expression (including non-verbal communications, such as sit-ins, art, photographs, films and advertisements).
The First Amendment’s free exercise clause allows a person to hold whatever religious beliefs he or she wants, and to exercise that belief by attending religious services, praying in public or in private, proselytizing or wearing religious clothing, such as yarmulkes or headscarves. Also included in the free exercise clause is the right not to believe in any religion, and the right not to participate in religious activities. Second, the establishment clause prevents the government from creating a church, endorsing religion in general, or favoring one set of religious beliefs over another.