Chapter 15 CONSTITUTIONAL FREEDOMS
Chapter 15 Vocabulary 1. Censorship 2. Commercial Speech 3. Defamation 4. Establishment Clause 5. Fighting Words 6. Free Exercise Clause 7. Libel 8. Obscenity 9. Prior Restraint 10. Pure Speech 11. Secular 12. Seditious Speech 13. Slander 14. Symbolic Speech
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. The First Amendment
Lesson 1 Freedom of Speech The First Amendment protects people s freedom of religion, speech, press, assembly and petition. The First Amendment s protection of speech and expression lies at the heart of a democratic society.
What Speech Should Be Protected?
Lesson 1 Freedom of Speech Pure speech refers to verbal expression. Symbolic speech is behavior that expresses an idea.
Lesson 1 Freedom of Speech Free speech is limited in cases where public safety is concerned. The government cannot restrict speech based on content but specific categories of content can be punished. Obscenity, defamation, and fighting words can be punished. Some forms of commercial or seditious speech are not protected by the First Amendment.
Lesson 1 Freedom of Speech The government may make reasonable regulations governing the time, place, and manner of speech. Regulations over when, where, and how expression is allowed must be viewpoint neutral and evenly enforced. Places in which the rules about free speech are different include prisons, schools, and the military.
Lesson 2 Freedom of the Press, Assembly and Petition Freedom of the press means that government censorship is prohibited by the First Amendment. Prior restraint is generally presumed unconstitutional by U.S. courts. Conflicts can occur between freedom of the press and the right to a fair trial. The growth of technology and mass communication have created new freedom of the press issues.
Lesson 2 Freedom of the Press, Assembly and Petition
Lesson 2 Freedom of the Press, Assembly and Petition Freedoms of petition and assembly are essential rights in a democracy. The freedom of assembly must be balanced with maintaining order and safe communities. The government may regulate the time, place, and manner of assemblies if it does so fairly.
Lesson 2 Freedom of the Press, Assembly and Petition NAACP v. Alabama (1958) National Socialist Party of America v. Skokie (1976) Boy Scouts of America v. Dale (1999)
Lesson 3 Freedom of Religion
Lesson 3 Freedom of Religion Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof The First Amendment prohibits the government from endorsing or punishing religious belief or practice. Supreme Court cases dealing with church and state relations have increased significantly in number since 1940.
Lesson 3 Freedom of Religion How high is the wall of separation? Cases involving the establishment clause have been among the most controversial. Establishment clause cases involving public schools have been hotly debated. The establishment clause also prohibits some religious displays by the government.
Lesson 3 Freedom of Religion Establishment clause cases involving public schools have been hotly debated. Lemon v. Kurtzman have a secular, or nonreligious, purpose; in its main effect neither advance nor inhibit, or hold back, religion; avoid excessive entanglement of government with religion. School Prayer Engel v. Vitale
Lesson 3 Freedom of Religion The establishment clause also prohibits some religious displays by the government. Is there variety? Is there a secular purpose? Lynch v. Donnelly (1984)
Lesson 3 Freedom of Religion
Lesson 3 Freedom of Religion If the right to free exercise of religion conflicts with other key interests, the First Amendment may not win. Actions based on religious beliefs may be restricted if they violate a key secular government interest. Reynolds v. United States (1879) - polygamy Wisconsin v. Yoder (1971) compulsory attendance West Virginia School Board v. Barnette (1943) - pledge
Lesson 4 The Fourteenth Amendment Let s make a foldable!
Lesson 5 Equal Protection and Discrimination Outline Activity
Lesson 6 The Rights to Bear Arms and Privacy Militias were crucial in winning the American Revolution. What does it mean to be in a militia? Does the clause in the 2 nd Amendment affect the interpretation of its meaning? A well regulated militia being necessary to the security of a free State, the right of the People to keep and bear arms shall not be infringed.
Lesson 6 The Rights to Bear Arms and Privacy Efforts by the government to regulate firearms are very controversial. The Gun Control Act of 1968 prohibits certain people from buying or possessing guns. Many states have enacted their own legislation about guns.
Lesson 6 The Rights to Bear Arms and Privacy The Supreme Court has ruled that people have a constitutional right to keep guns in their homes. District of Columbia v. Heller The right to own a weapon for self-defense is not related to membership in a militia.
Lesson 6 The Rights to Bear Arms and Privacy The concept of right to privacy comes from the First, Third, Fourth, Fifth and Ninth Amendments.
Lesson 6 The Rights to Bear Arms and Privacy The right to privacy was basic to Supreme Court rulings on contraception and abortion. Griswold v. Connecticut (1965) Roe v. Wade (1973) Planned Parenthood v. Casey (1992)
Lesson 6 The Rights to Bear Arms and Privacy Advances in technology have created information gathering and privacy issues. War and terrorism create tension between citizens privacy rights and national security needs. USA Patriot Act and the War on Terror Secretly wiretap someone s telephone and Internet communications Use secretly-gathered information in criminal trials Delay notifying people their residence has been searched until long after the search took place Access business records of someone suspected of terrorism, espionage, or spying Seize any tangible thing deemed relevant to a terrorism investigation even if there is no reasonable suspicion that this thing related to terrorist activities Obtain approval for a wiretap without identifying the person or facility to be tapped