“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.” –First Amendment of the United States Constitution

One March 28, 2003, CLASS! Publications held the First Amendment Workshop at UNLV's William S. Boyd School of Law. Twenty-four students from all over the valley engaged themselves in a very constructive workshop full of useful information concerning the First Amendment and students’ rights.

Guest speakers Nina Radetich, a news anchor on Channel 3 News; Scott Bogatz, a local lawyer from Las Vegas; Jean Norman, a writer for the Las Vegas Sun; and Toni Massaro, the Dean of the James E. Rogers College of Law at the University of Arizona, came to share their insights from their professions and experiences with the First Amendment.

“Welcome to law school!” said speaker Toni Massaro in her welcoming introduction into the world of the First Amendment. As one of the four guest speakers at the workshop, Massaro broke the ice with a review of the meaning of the First Amendment.

First off, what is the First Amendment about? It allows for freedom of speech, religion, press, the freedom to peaceably assemble, and to petition the government. It was written to protect the interest of the people and to protect the people from misrepresentation. It forms the basis for a democratic government, thus making it the most important amendment of the Constitution.

Does this mean we can say whatever we want, whenever we want? Nope. All of our rights are relative to the rights of others. Basically, that means we are free to express ourselves in any way we want, as long as it doesn’t violate someone else’s rights and boundaries. For example, falsely yelling “Fire!” in the middle of a crowded room and causing an unnecessary stampede is not protected under the First Amendment. The same applies to other cases, such as libel and slander situations, which are very important when it comes to the media and press in preventing false and damaging statements from being made.

In 1969, a group of students went to school one day wearing black armbands as a symbol of protest against the Vietnam War. School officials suspended the participating students. The students took the case to the Supreme Court where it became a historical landmark in the world of free speech in schools. "Tinker v. Des Moines" set the precedents for laws concerning students and our rights to free expression.

The Supreme Court deliberated in favor of the kids, saying that students do not have to give up their constitutional rights at the school gate. Since then, the outcome of the Tinker case has brought about many other cases concerning free speech in schools even to this day.

With this information provided at the workshop, the workshop participants were divided up into groups to study different cases in relation to the First Amendment. Each group was assigned to a guest speaker and had to figure out what should happen in the case presented to them or what should have happened in their assigned case if it had already happened. Then the students presented their conclusions to the rest of the workshop participants. The cases each covered a different aspect of free speech. One dealt with free speech and privacy issues in the press; another discussed the Hazelwood court decision limiting students' free speech; the third debated free speech versus ethical decisions; and another group explored a fairly new addition to First Amendment controversy: Napster and intellectual property rights.

In wrapping up the workshop, the speakers each took their turn explaining how the First Amendment affects their everyday lives. From making choices on local television, to applying laws on the Internet, to figuring out what to write in the newspaper, each speaker gave their statement. In the end, everyone who attended, students and adults alike, received a plethora of useful information regarding our rights as citizens and students.

Adrian Viesca, a senior at Chaparral High School, said, “It was great to see real world applications of the First Amendment.”

When asked what would be the most useful thing she would take with her from the event, Ariana Quintana of Valley High School said, “Jean Norman’s phone number, in case I need help with censorship.”

Overall, the workshop opened doors to new understandings of our Constitutional rights. Rather than only knowing the shallow version of the First Amendment, which may just seem like words on a really old piece of paper, I have learned so much more. Now, I recognize the personal freedoms and boundaries that the founding fathers distinguished long ago in these words, which in actuality, are the basis for our freedom as Americans.

-Return to May 2003 Issue-