Freedom of speech, press, assembly and petition, and their limits
Grade 12 Social Studies Worksheet - Building Confidence
Circle the best answer.
Read this first
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Case S2 (made-up): A student prints a newsletter on a home printer and hands it out in town.
Bo reads the First Amendment and case S2. Which freedom covers the newsletter?
- Assembly, since readers who receive it may come together afterward
- Speech alone, since the amendment gives printed work no separate protection
- Press, which covers printing and handing out written work
- Petition, since a newsletter asks readers to think or act in some way
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Case S3 (made-up): A protester stands silently on a sidewalk holding a sign.
Esme reads the First Amendment and case S3. Is a silent sign covered by the freedom of speech?
- Yes, and so no government may ever limit where or when a sign is held
- No; speech means spoken words, so a silent sign has no protection
- Yes; speech reaches silent signs and symbols as well as spoken words
- Just as assembly, since the protester is standing in a public place
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Schenck v. United States (1919), quoted: "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic."
Jun reads the First Amendment and the Holmes sentence. What does the sentence show about "no law"?
- The freedom covers just true statements, so any false statement may be punished
- The freedom has limits; speech that causes immediate harm may be punished
- The freedom has no limits, since the example shows an extreme case
- The limit applies solely inside theaters, since the sentence names no other place
Sullivan quote (from New York Times v. Sullivan, 1964)
"debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." Case S5 (made-up): At a public meeting a resident harshly criticizes the mayor's budget.
Kira reads the Sullivan quote and case S5. Is the resident's harsh criticism of the mayor protected?
- No; a meeting held in a government building is outside the First Amendment
- Yes, but solely if the mayor agrees to hear the criticism that is offered
- Yes; harsh criticism of officials is part of protected public debate
- No; harsh words about an official are insulting, and insults may be banned
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Fourteenth Amendment note (our words): After 1868, courts apply the First Amendment to state and local governments too, not only to Congress. Case S6 (made-up): A private newspaper declines to print a reader's letter.
Luz reads the First Amendment and case S6. Is a private newspaper declining a letter a First Amendment violation?
- Yes, since a newspaper serves the public and the public has a speech right
- No; the amendment limits the government, and a newspaper's choice is its own
- Yes; press freedom means a paper must print what readers send
- No, because letters are not speech and have no protection of any kind
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Case S7 (made-up): A city bans all gatherings of more than three people, anywhere, at any time.
Milo reads the First Amendment and case S7. Which words does the gathering ban press against most?
- The right of the people peaceably to assemble
- The right to petition, since each gathering is a request to the government
- The free exercise of religion, since many gatherings are religious ones
- The freedom of speech, since gatherings are just a way of speaking out
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Fourteenth Amendment note (our words): After 1868, courts apply the First Amendment to state and local governments too, not only to Congress.
Noah reads the First Amendment and the Fourteenth Amendment note. A state legislature passes a speech ban, and the text names Congress. Can it be challenged?
- Yes; courts apply the First Amendment to the states through the Fourteenth
- Yes, but just the state's own constitution may limit the state legislature
- No; the amendment names just Congress, so states may pass any speech law
- Yes, but solely in Congress, which must review each state speech law
Time, place and manner rule (our words)
Courts allow rules about when, where and how people speak, such as noise limits, if the rules apply equally to every message and leave other ways to reach an audience. Courts are suspicious of rules aimed at a message. Case S9 (made-up): A city requires every group to get a free permit for a parade on its main street, and gives permits to groups in the order they apply, so two parades are never at once.
Pia reads the time, place and manner rule and case S9. Is the city's permit rule consistent with the amendment?
- Yes, but solely if the mayor approves each group's message before the permit
- Likely yes; it sets when and where for every group, not which message
- No; any permit is a limit on assembly before it begins, so it is automatically unconstitutional
- Yes, since parades are not protected by the First Amendment in the first place
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Student note (made-up): "Free speech means nobody may disagree with me."
Tala reads the First Amendment and note S10. What is wrong with the student's claim?
- Nothing; the amendment protects speakers from each reply, including from neighbors
- It is backwards; the amendment protects the listeners and not the speakers
- The amendment says nothing about disagreement, so it protects no speaker
- The amendment limits what government may do; others may still disagree
First Amendment (quoted)
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." Student note (made-up): "Only newspapers have freedom of the press."
Zee reads the First Amendment and note S11. What does the amendment's wording show?
- The note is right, since the amendment does not mention newsletters
- Press freedom covers publishing like the newsletter, not just big newspapers
- The note is wrong, since press freedom belongs to speakers, not publishers
- The note is right, since just organizations that employ reporters can claim it