The First Amendment Rocks!

All semester long, we’ll be studying the First Amendment, so let’s get to know it a bit. These 45 words are arguably some of the most important in the Constitution.

Here’s the text:

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.

Here are a few resources:

Cornell University’s page on the First Amendment

The First Amendment Center

The Freedom Forum

Enjoy!

1. Situation

For many Americans, the U.S. flag is a symbol of patriotism and pride. The flag is to be treated with respect; burning it would be unthinkable. However, protesters have turned to flag-burning many times as a statement against the government or its policies.

Imagine if students gathered on BGSU’s campus to protest the war in Iraq, marching, chanting slogans, and burning a U.S. flag in front of a large crowd. Would it be legal?

2. Legal Background

Johnson (right) and his attorney. Source: http://en.wikipedia.org/ wiki/Texas_v._Johnson

The U.S. Supreme Court ruled in Texas v. Johnson that flag-burning is a form of protected speech. In that case, Gregory Lee Johnson, a young member of a communist group, participated in a demonstration during the 1984 Republican National Convention in Dallas. As the protesters shouted things such as, “America, the red, white, and blue, we spit on you,” Johnson poured kerosene on a flag that had been ripped down and set it on fire. He was charged with violating a Texas law that prohibited desecration of a state or U.S. flag. Originally, he was convicted, sentenced to one year in prison, and fined $2,000, but he  appealed.

Although the Supreme Court determined Johnson was exercising his right to free speech, guaranteed under First Amendment, a lot of folks still think it should be illegal to burn the flag. In fact, Congress has tried repeatedly to pass the Flag Desecration Amendment.

3. Questions

• What are the arguments in favor of and against protecting flag-burning under the First Amendment?
• Should Congress keep trying to pass the Flag Desecration Amendment? If it passed, what would happen?
• How do you personally feel about burning the flag? How would you react if this happened on the BGSU campus?

Hi, I’m the instructor here. I’ve been a journalist for 19 years and I’ve been teaching for five. This is my second semester at BGSU. Besides Journalism Law and Ethics, I also teach writing and reporting.

This is my second time teaching this class, and I’ve changed a few things that I think will make it more fun and engaging. I also have a fair amount of experience  with journalism law through my work. I’ve never been sued, and let’s hope you won’t be either, after you take this class!

More important, perhaps, is that you gain an appreciation for the importance of the First Amendment in our lives. It doesn’t just protect journalists – although that’s very dear to my heart – it protects each and every one of us, often at the most critical times. It is a brilliant policy and we are lucky to have it.

Welcome to “The First Amendment Rocks!” blog for Spring 2011 JOUR 4500 students. This blog is intended as a tool for us to investigate what we’ve learned in more depth and to share information and experiences with each other.

On the side of the blog, you’ll see links that will lead you to good resources and cool tips. Please use tags and categories to keep things organized.

Let’s talk about freedom of speech. Let’s talk about freedom of the press. Let’s rock.