In class: we are exploring the First
Amendment in more depth today, specifically
answering questions that might pertain to
students.
Directions: the class will be divided into assigned groups and research one topic. Each group will share out their findings on ONE document.
The following students should complete the assigned number independently. As you were not in class, you will not need to present; however there will be more research work for you.
Terry- question 1
Joniah- question 2
Josh- question 3
The following students should complete the assigned number independently. As you were not in class, you will not need to present; however there will be more research work for you.
Terry- question 1
Joniah- question 2
Josh- question 3
Suggestion: begin by reading the question, making sure everyone understands the objective. Then all begin reseach for 20 minutes. Use different sources of information. Take your personal notes. Then verbally share, followed by creating a group document. You may have a single primary scribe, but all must be editors. Remember to include your sources. Don't forget to put your names at the top.
Rubric: complete and accurate response to the question.
accurate language conventions: spelling, grammar, punctuation.
On Wednesday, you will present your findings to the class. The expectation is that everyone will contribute to both the writing and the presentation.
Anyone who is absent for either day will need to recieve and individual assignment.
Each group
will research one of the following topics, after which they will share their
findings.
1.How does the First Amendment
protect religious liberty? What does the establishment clause mean? What is an
example of an establishment of religion? What does free exercise of religion mean under the First
Amendment? May students
pray or discuss religion in public schools?
2.Does the First Amendment apply to
schools? Do students have the same level
of First Amendment rights as adults?
3.Is speech on the Internet
entitled to as much protection as speech in more traditional media?
4. Does freedom of the press mean the news
media can write or say anything they want? Is truth a defense in libel lawsuits? What
difference does it make in defamation if a person is a public official?
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ReplyDeleteFirst Amendment forbids congress from promoting one religion over another and cannot restrict one's religious practices. An example of a religious establishment is a church or a mosque. Under the First Amendment, the free exercise of religion allows for people to worship who they believe in without punishment. This is the Establishment Clause: “Congress shall make no law respecting an establishment of religion; or prohibiting the free exercise thereof”. The establishment clause means that the government cannot make a law respecting religion and favoring a certain religion over another. However; due to the clause religious practices and prayers are not allowed on school premises during instructional time. Public schools may not promote religious views, but they must allow students to pray (alone and in groups), discuss their faith, read scriptures and invite others to join their particular religious group, provided such activity is voluntary, student initiated, not disruptive and does not compel a captive audience to listen or participate. Though the school itself may not sponsor any religious events or groups mandatory or in-mandatory.
ReplyDeleteJared, Jahnae, Zhuliyan, Jesziah
Yes but to a certain extent. Students do have the freedom of speech, however, the students can't say things that are promoting lewd or otherwise dangerous activities. The students can voice their opinions and their concerns without using profanity due to the hierarchy of society. It would be considered disrespectful for a child to swear at an adult. In the 19th century, the students' right to speech was restricted until the 20th century due to the Tinker vs Des Moines case in which the Supreme Court of the United States sided with the students. The Tinker Test is something that public schools have to adhere by before restricting students' speech. -Alyssa Rodriguez, Jamila Jenkins, Alquasia Maye
ReplyDeleteYes, speech on the internet IS entitled to the same protections as speech in the real world and traditional media. The Supreme Court ruled in Reno v. ACLU (1997) that speech in digital settings are held to the same regard under the First Amendment. This unfortunately means that hate speech is also protected. People who have called for the government to take action against hate speech online have been backed into a corner as doing this would constitute state action which would infringe on the First Amendment.
ReplyDeleteBoth speech on the internet and traditional media are protected by the Constitution, but speech using traditional media is more entitled to protection. Traditional media— news, magazines, television, print, radio, etc— is easier to interpret due to the fact that it existed before the internet. Before, the “rules and regulations” were written based upon what was known. Speech using the internet is something that was not premeditated, therefore the restrictions aren’t as limiting and are resulting in “free speech” that is not technically protected under the First Amendment. Controversy is erupting on the internet between hate speech and racial slurs that people claim to have been protected under the First Amendment, with many cases even making it to the Supreme Court. Due to this, Americans are questioning what exactly free speech is and how it pertains to the internet as a whole. According to freeedomforuminstitue.org, “ the First Amendment provides broad protection to offensive, repugnant and hateful expression. Political speech receives the greatest protection under the First Amendment, and discrimination against viewpoints runs counter to free-speech principles. Much hate speech qualifies as political, even if misguided.” In the case of Reno v. ACLU(1997), the Supreme Court ruled that “Our cases provide no basis for qualifying the level of First Amendment scrutiny that should be applied to this medium.” Unless online hate speech crosses the line into incitement to imminent lawless action or true threats, the speech receives protection under the First Amendment.
ReplyDeleteKyla, Maddy, Kyneisha
Students in public schools have the same first amendment rights as adults. However schools are not considered government agencies, so they are allowed to stifle speech on their properties. It can be helpful to compare students rights to workers rights. Adult workers can be fired or suspended for expressing free speech against company policy, school policy works essentially the same way. The bill of rights only applies to the government, not private institutions. Naimah Coleman, Wesley Bruce, Mae Kehoe.
ReplyDeleteDerick Douglas, Akhiyar Abdi, Jaden Morgan
ReplyDeleteAs someone associated with news coverage you may not say anything you would like. People associated with news media can not use any type of hate speech or commit any acts of defamation. Defamation is a false statement disguised as a fact that damages the reputation of a person. Truth is an absolute defense in libel lawsuits because if the statement is true than the case is ultimately invalidated. Committing an act of defamation against a public official can cause moral contempt between both you and that person, and they would feel highly disrespected about their position as an official. This would make a colossal quarrel among the official, and by means of going against his/her Authority.
Censorship and freedom of speech on the internet can be a controversial topic. However, speech on the internet is entitled to as much protection as speech in the more traditional media. The Internet is a worldwide system of computer networks in which information (or data) can be transferred from one location to another. Some examples of speech that is communicated over the internet takes the form of apps such as Facebook, Twitter, Instagram, personal blogs, chat rooms and online games, to name a few. Traditional media is a method marketers use to reach a message to a large group of people. Some examples of traditional media would be newspapers, television and the radio. People should be able to express themselves online with the same protections as traditional media. “The Internet has revolutionized the way in which people share information and communicate with each other. But by providing an open forum for people to communicate with each other, the Internet also paved the way for speech that is usually reserved for the edges of society. Racists, misogynists, xenophobes, and terrorists have used the Web as a haven to communicate their noxious views, harass others, and even plan nefarious deeds” (Freedom Forum Institute).
ReplyDeleteAisha Lopez, Shy Gibson, Keegan Martin (ABS)
The first amendment protects religious liberty by prohibiting the favoritism of one religion over others. Specifically, the establishment clause prevents the government from making any law “respecting an establishment of religion.” This means that the government can not put a religion in place or prohibit others from practicing their religion. For example, the government can not state that Christianity is the one true religion and that all people must go to church every Sunday. In addition, the free exercise of religion under the first amendment means that no government can make laws restricting religious practices. In this case, the first amendment does not protect the practice of human sacrifice. Furthermore, the freedom to believe is absolute, but the freedom to act on those beliefs is not. In the classroom, due to the fact that students do not represent the government they are allowed to practice their religion in peace. Some however, may not be willing to pray out in the open, thus they are given the option to pray in a separate area.
ReplyDeleteImani de las Casas, Eh Tha Moo, Avery Burgess, Eysha Clarke DeSouza
The freedom of press means that journalists can report on things without the government being in control of what they say. So, yes the news media can write or say anything they want. But one thing that isn’t protected under freedom of speech/ press is defamation. Defamation is a false statement that exposes a person to hatred or contempt and causes them to be shunned. How ever, if one sue’s someone for defamation, truth can be a defense in libel. Truth is a defense in libel lawsuits because it’s one of the elements that must be proven in defamation. However, if a public official was to be defamed, the claims would be limited and requires them to prove the defendants actual malice. Aka, Milkovich V Lorain Journal (1990).
ReplyDelete