Thinking deeper about First Amendment rights

Did you ever wonder about the freedom of religion, speech, press, assembly, and petition.
Did questions like: "Does law over take religion?" or , "When does the government interfer with your rights?" Well I'm no expert but I will do my best to answer. Hopefully, I be able to help some of you.


Which types of speech are not protected by the First Amendment?

Although different scholars view unprotected speech in different ways, there are basically eight categories:

• Obscenity
• Fighting words
• Defamation (includes libel, slander)
• Perjury
• Blackmail
• Incitement to imminent lawless action
• True threats
• Solicitations to commit crimes

Some experts also would add treason, if committed verbally, to that list. Plagiarism of copyrighted material is also not protected.

Are public school students required to recite the Pledge of Allegiance?

Public school are not required to do so as from 1943 onwards. The decision was made by the West Virginia Board of Education v. Barnette, the U.S. Supreme Court whi have determined that the First Amendment protects a student’s right not to engage in certain speech. Also, the high court extended the reach of the First Amendment to also prohibit the government from compelling speech.

Did the Supreme Court decide that there can be no book censorship in public school libraries?

Not exactly. The Court ruled that books could not be removed from a public school library unless they were educationally unsuitable or “pervasively vulgar.” The ruling did not extend to the acquisition of books — leaving schools to decide which books they would purchase.

May students pray or discuss religion in public schools?

Yes, students have the right to pray and discuss religion in school. Yet, teachers, principals, or administrators are not allowed to force them to pray.

This does not mean that students have an unfettered right to speak on religious subjects. Students can be punished for interrupting class time for any type of speech. Also, school officials can make sure that students are not speaking to a captive audience or harassing others by overzealously advocating their religious beliefs.

Thank you First Admendent!

To answer more of your questions about our rights/freedom please click here or here.