Introduction...

Freedom of Speech is one of the most fundamental principles upon which our Country was built. Introduced by the Founding Fathers in the First Amendment of the U. S. Constitution, it contains no ambiguity. Paid for in blood, by thousands of fellow Americans who fought and died so that future generations could possess, cherish, and pass this gift on, it has been vital to the past, present and future of our Great Nation. Yet, in present days it has become one of the most controversial issues and subjects for interpretation.

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Sunday, February 17, 2008

Test your knowledge of the First Amendment

Sunday, February 17, 2008 12:51 AM CST
By RHONDA REGAN, For The Globe Gazette


What year did the Bill of Rights become part of the Constitution?

How did the Bill of Rights come about?

Was the First Amendment as we know it today at the top of the list proposed by Congress?

Which member of the founding generation was most responsible for the First Amendment becoming part of the constitution?

How many words are in the First Amendment?

What are the five freedoms listed in the First Amendment?

What landmark case from Iowa went to the Supreme Court and set the precedent for protecting students’ free expression rights?

Is flag burning protected by the First Amendment?

Do public school students have to salute the flag during a recitation of the pledge of allegiance?

Does commercial speech, such as advertisements on TV or in a magazine enjoy First Amendment protection?

Which case did Supreme Court Justice Holmes set forth his clear-and-present-danger test: “whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has the right to prevent”?



Sources: ww.archives.gov; ww.firstamendmentcenter.org; www.illinoisfirstamendmentcenter.com; www.emints.org


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ANSWERS: 1) 1791. 2) Once the Constitution was ratified by the states, the anti-Federalists demanded a more concise Constitution, one that laid out for all to see the rights of the people and the limitations of the government. 3) No. It was originally listed 3rd and moved up to its current position because the first two amendments were not ratified. 4) James Madison — he had worked tirelessly to persuade the House to enact amendments. By December 1791 three-fourths of the states had ratified the 10 amendments known as the Bill of Rights. 5) 45. 6) Speech, religion, press, peaceful assembly and to petition the government. 7) Tinker v. Des Moines Independent Community School District 1969. five area students of the Des Moines Independent Community School District were suspended from school for wearing black arm bands protesting the U.S.’s involvement in Vietnam. The Supreme Court ruled that the Des Moines schools violated the First Amendment rights of the students by suspending them for wearing armbands. But the court did not say that the schools could never control freedom of expression. “Material and substantial disruption of school activities or invasion of the rights of other students” must be proved if student expression is to be controlled. School officials could censor only when they could prove that the expression would disrupt the school environment or invade the rights of other students. The Supreme Court said this standard had not been met — that by suspending the students for refusing to remove the armbands, the school violated the students’ right to free speech. 8) Yes. In a 1989 case involving Texas law and in a 1990 case involving a federal law the court ruled that flag burning is symbolic speech protected by the First Amendment. 9) No. In the 1943 case West Virginia State Board of Education v. Barnett, the court ruled that the freedom asserted to refuse to participate in the flag salute did not interfere with or deny the rights of others to participate. 10) Yes. 11) Schenck v. U.S. 1919. This case contains the now-famous example of falsely crying “fire” in a crowded theater.


http://www.globegazette.com/articles/2008/02/17/news/feature/doc47b7b5c199806917282847.txt

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