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The American people created the Constitution, which has been in operation since March 1789,  because they wanted individual protections from the government. In June 1789, U.S. House of Representatives member James Madison drafted a list of amendments to the Constitution. The House approved 17 of the amendments, and the Senate 12. In October 1789, President George Washington sent the amendments to the states for approval. Two years later, on Dec. 15, 1791, three-fourths of the states ratified 10 of the amendments, which became known as the Bill of Rights. The first of these amendments protected individual opinions, ideas and communication. 

“The five freedoms protected by the First Amendment are fundamental to modern democracy,” said political science professor Steven Vanderheiden, director of ��ƷSM����ӰƬ’s Keller Center, which focuses on the First Amendment. “They protect the right of members of the public to meaningfully participate in processes of self-governance and provide a vital check on state power.”

 

The five freedoms the First Amendment guarantees:

Religion

 

Speech

Press

Assembly

Petition

 

 

 

 

The First Amendment Applies to:

Federal Government

State Government

Local Government

 

1789

Drafted by James Madison

1791

Ratified as part of the Bill of Rights

 

Famous court cases related to First Amendment:

Schenk vs. US (1919)

A free speech case that involved wartime criticism of the draft, and which gave us the "clear and present danger" test (Ex: An individual can’t yell “Fire!” in a crowded theater)

Engel vs. Vitale (1962)

Found the reading of a nondenominational prayer in a public school to be an unconstitutional establishment of religion 

Brandenburg vs. Ohio (1969)

Gave us the incitement test (Ex: Speech can only be restricted if an individual is likely and imminently planning to carry out something unlawful)

The New York Times vs. US (1971)

 

Involved the publication of the Pentagon Papers by the media without government censorship

Wisconsin vs. Yoder (1972)

Exempted Amish children from mandatory school attendance on free exercise grounds

 

LeRoy Keller Center for the Study of the First Amendment: 

1. Endowed in 1993 by LeRoy “Lee” Keller (Econ’29), who worked in journalism for more than four decades
2. Housed within ��ƷSM����ӰƬ’s political science department
3. Supports teaching, research and community outreach on First Amendment rights and liberties
4. Informs the public about First Amendment rights and current threats to them
5. Current director is political science professor Steven Vanderheiden 

 

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