Topic 8: Civil Liberties: First Amendment Freedoms

Transcription

1 Name: Date: Period: Topic 8: Civil Liberties: First Amendment Freedoms Notes Topic 8: Civil Liberties: First Amendment Freedoms 1

2 Objectives about Civil Liberties: First Amendment GOVT11 The student will demonstrate knowledge of civil liberties and civil rights by a) examining the Bill of Rights, with emphasis on First Amendment freedoms; b) analyzing due process of law expressed in the 5th and 14th Amendments; c) explaining selective incorporation of the Bill of Rights; d) exploring the balance between individual liberties and the public interest; e) explaining every citizen s right to be treated equally under the law Essential Understandings about Civil Liberties: First Amendment 1 The first ten amendments to the Constitution of the United States, known as the Bill of Rights, outline American civil liberties 2 The right to due process of law is outlined in the 5th and 14th Amendments to the Constitution of the United States 3 The selective incorporation of the Bill of Rights through the 14th Amendment (due process of law clause) greatly enhances the protection of civil rights Essential Questions about Civil Liberties: First Amendment 1 What is the Bill of Rights? 2 What are the freedoms listed in the First Amendment to the Constitution of the United States? 3 How did the Supreme Court use the 14th Amendment to extend the Bill of Rights protections to state proceedings? Notes Topic 8: Civil Liberties: First Amendment Freedoms 2

3 The Unalienable Rights I A Commitment to Freedom 1 Unlike many of the first State constitutions, the US Constitution 2 Bill Of Rights 3 Civil Liberties 4 Civil Rights II Limited Government 1 All government have and use authority over individuals a Dictatorships b In the US, the power of the government 2 has the right to do anything he or she pleases 3 Rather, all persons have the right to III Federalism and Individual Rights 1 The Bill of Rights were originally intended as restrictions on 2 Most State constitutions have their 3 No State shall deprive any person of life, liberty, or property, without due process of law a b Does not apply to the 4 9 th Amendment Notes Topic 8: Civil Liberties: First Amendment Freedoms 3

4 Sec 2: Freedom of Religion I Establishment Clause 1 Sets up the 2 Nearly all property of and contributions to religious sects 3 Religion and School a The Lemon Test b Released time c Prayer and the Bible d Student Religious Groups e Students cannot be forced to Notes Topic 8: Civil Liberties: First Amendment Freedoms 4

5 II The Free Exercise Clause 1 Guarantees to each person the right to a It does not give anyone the right to Freedom of Speech and Press I The Free Exchange of Ideas 1 Guarantee to each person 2 The American system of government depends on the ability of the people to make sound reasoned judgments on matters of public concern 3 Intended to 4 No person has the right to slander or libel a Slander b Libel II Seditious Speech 1 Sedition the crime of attempting to 2 Seditious Speech III Obscenity 1 1 st and 14 th Amendments do not protect obscenity 2 Test for obscenity a Does the work b Does the c Does the work, taken as a whole 3 does not count as obscenity??? Notes Topic 8: Civil Liberties: First Amendment Freedoms 5

6 What are the elements of the Miller test? IV Prior Restraint 1 Prior restraint the government cannot 2 Exception V The Media 1 The Constitution does not protect the 2 Many States have shield laws a VA a shield law 3 are protected by the Constitution (the current rating system was created by the 4 The FCC does have the Constitutional right to regulate Notes Topic 8: Civil Liberties: First Amendment Freedoms 6

7 VI Symbolic Speech 1 Communication of ideas through 2 is protected by the Constitution 3 is protected under the 1 st Amendment a the government may not prohibit the expression of an idea simply VI Commercial Speech 1 Speech for 2 Newspapers by businesses that they don t approve of 3 The government can prohibit 4 The government can prohibit a Example in banning cigarette ads on radio and television Freedom of Assembly and Petition I Constitutional Guarantees 1 people can : a b c II Time-Place-Manner Regulations 1 Cannot cause a diversion near 2 The government cannot regulate assemblies 3 The government has the power to Notes Topic 8: Civil Liberties: First Amendment Freedoms 7

8 III Public Property 1 Because most demonstrations usually have, the government has upheld laws that require 2 If demonstrators remain peaceful, 3 Demonstrators may not interfere IV Private Property 1 Petitioning on private property V Freedom of Association 1 Freedom of assembly and petition include the 2 Organizations when that action would contradict what the organization professes to believe Notes Topic 8: Civil Liberties: First Amendment Freedoms 8

9 Analyzing Court Cases Directions: After analyzing the cases in class, record the outcome of each Tinker v Des Moines Beussink v Woodward Bethel School District No 403 v Fraser Morse v Frederick Brown v Gilmore Santa Fe Independent School District v Doe New Jersey v TLO Safford Unified School District v Redding Cornfield v Consolidated High Ratner v Loudoun County Public Schools Ingraham v Wright Notes Topic 8: Civil Liberties: First Amendment Freedoms 9

10 Glossary Topic 8 Directions: Fill in the definition for the term listed Then, in the box on the right, you have to draw a picture OR write the definition in your own words OR write a sentence using the word that demonstrates its meeting Civil Liberties Civil Rights Bill of Rights Due Process Clause Establishment Clause Free Exercise Clause Libel Notes Topic 8: Civil Liberties: First Amendment Freedoms 10

11 Glossary Topic 8 Directions: Fill in the definition for the term listed Then, in the box on the right, you have to draw a picture OR write the definition in your own words OR write a sentence using the word that demonstrates its meeting Slander Sedition Prior Restraint Shield Law Right of Association Notes Topic 8: Civil Liberties: First Amendment Freedoms 11

12 Summary DIRECTIONS: Choose only one of the following: a) write a summary (25-75 words) of what you believe was the most important aspect of the notes/lecture b) write what you believe to be the most interesting or memorable part of the notes/lecture (25-75 words) c) draw something that symbolizes the notes/lecture to you (has to be different than your title page) Notes Topic 8: Civil Liberties: First Amendment Freedoms 12