Constitutional Rights: Freedoms and Limits

1. Splash Screen

2. Essential Question Section 1:Constitutional Rights Section 2:Freedom of Religion Section 3:Freedom of Speech Section 4: Freedom of the Press Section 5: Freedom of Assembly Chapter Summary Chapter Menu

3. Freedom of speech is one of Americans’ most valued liberties, but are there limits to this and other basic freedoms under the Constitution? Essential Question

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5. Content Vocabulary • human rights • incorporation Section 1-Content Vocabulary

6. Academic Vocabulary • guarantee • deny • pursue Section 1-Academic Vocabulary

7. Reading Strategy As you read, create a graphic organizer similar to the one below to describe the freedoms guaranteed by the First Amendment. Section 1-Reading Strategy

8. A B C Which is the most historically influential protection defined by “due process?” A. protection from unreasonable search and seizure B. the right of the accused to a lawyer C.protection from cruel and unusual punishment Section 1-Polling Question

9. Constitutional Rights • The belief in human rights, or fundamental freedoms, lies at the heart of the American political system. • The Constitution of the United States guaranteescertain basic rights in the Bill of Rights,comprised of the first 10 amendments, and in severaladditional amendments. Section 1

10. Constitutional Rights (cont.) • The Bill of Rights was not originally intended to limit state and local governments. • The Supreme Court has interpreted the due process clause of the Fourteenth Amendment to apply the guarantees of the Bill of Rights to state and local governments. Section 1

11. Constitutional Rights (cont.) • The Supreme Court interpreted the words due process to include other protections of the Bill of Rights: • protection from unreasonable search and seizure • the right of the accused to have a lawyer • protection from cruel and unusual punishment Section 1

12. Constitutional Rights (cont.) • The process by which the Bill of Rights was extended to the states and localities is incorporation. • The incorporation of the Bill of Rights means that U.S. citizens in every part of the country have the same basic rights. • In practice, nationalization means that citizens who believe that a state or local authority has denied them their basic rights may take their case to a federal court. Section 1

13. A B C The process by which the Bill of Rights was extended to the states and localities is A.rights extension. B.due process. C.incorporation. Section 1 – DQ1

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15. Content Vocabulary • establishment clause • free exercise clause • parochial school • secular • abridge • precedent Section 2-Content Vocabulary

16. Academic Vocabulary • significant • acknowledge • justify Section 2-Academic Vocabulary

17. Reading Strategy As you read, create a table similar to the one below to list the cases that are related to the establishment clause and the free exercise clause. Section 2-Reading Strategy

18. A B Do you think the task of resolving controversies surrounding church-state relations should be left to state legislature rather than the Supreme Court? A. yes B. no Section 2-Polling Question

19. The Establishment Clause • The first clause of the First Amendment—the establishment clause—states that “Congress shall make no law respecting an establishment of religion.” • The second clause—the free exercise clause—prohibits government from unduly interfering with the free exercise of religion. • Under the Constitution, the task of resolving controversies surrounding church-state relations falls on the Supreme Court. Section 2

20. The Establishment Clause (cont.) • Everson v. Board of Education involved a challenge to a New Jersey law allowing the state to pay for busing students to parochialschools—schools operated by a church or religious group. • The Court ruled that the law was constitutional because it benefited students rather than religion directly. Section 2

21. The Establishment Clause (cont.) • In Board of Education v. Allenthe Court upheld state programs that provide secular,or nonreligious, textbooks to parochial schools. • Other important controversial cases involving religion address release times for students, school prayer, and the teaching of the theory of evolution. Section 2

22. A B C D The first clause of the First Amendment, which states that “Congress shall make no law respecting an establishment of religion,” is called the A.preamble. B.free exercise clause. C.establishment clause. D.secular clause. Section 2 – DQ1

23. The Free Exercise Clause • In addition to banning an established church, the First Amendment forbids laws “prohibiting the free exercise” of religion. • In the case of Reynolds v. United States, George Reynolds appealed his polygamy conviction, claiming that the law abridged, or limited, freedom of religion. Section 2

24. The Free Exercise Clause (cont.) • The Court upheld his conviction and established that people are not free to worship in ways that violate laws that protect the health, safety, or morals of the community. • The Court usually follows precedent,decisions made on the same issue in earlier cases. Section 2

25. A B C D Decisions made on the same issue in earlier cases establish A.reasonable doubt. B.precedent. C.legislation. D.guilt. Section 2 – DQ2

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27. Content Vocabulary • pure speech • symbolic speech • seditious speech • defamatory speech • slander • libel Section 3-Content Vocabulary

28. Academic Vocabulary • categories • require • presumed Section 3-Academic Vocabulary

29. Reading Strategy As you read, use a graphic organizer similar to the one below to list the types of speech that are protected and that are not protected by the First Amendment. Section 3-Reading Strategy

30. A B What type of speech warrants the greatest protection? A. pure speech B. symbolic speech Section 3-Polling Question

31. Types of Speech • The First Amendment exists to protect the expression of unpopular ideas—popular ideas need little protection. • Pure speechis the verbal expression of thought and opinion before an audience that has chosen to listen. • Symbolic speech—sometimes called expressive conduct—involves the use of actions and symbols, in addition to or instead of words, to express opinions. Section 3

32. A B C D What type of speech involves the use of actions and symbols, in addition to or instead of words, to express opinions? A.free speech B.seditious speech C.pure speech D.symbolic speech Section 3 – DQ1

33. Regulating Speech • Because free speech must be balanced against the need to protect society, some restraints on pure speech do exist. • Congress and state legislatures have outlawed seditious speech—speech urging resistance to lawful authority or advocating the overthrow of the government. Civil Liberties and Terrorism Section 3

34. Regulating Speech (cont.) • When the speech in question clearly presents an immediate danger, the First Amendment does not protect it. • In 1925 the Court held that speech could be restricted even if it had only a tendency to lead to illegal action, establishing the “bad tendency doctrine.” Civil Liberties and Terrorism Section 3

35. Regulating Speech (cont.) • Developed in the 1940s, the preferred position doctrine holds that First Amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties. Civil Liberties and Terrorism Section 3

36. A B C D Speech urging resistance to lawful authority or advocating the overthrow of the government is called A.treason. B.obscene speech. C.defamatory speech. D.seditious speech. Section 3 – DQ2

37. Other Unprotected Speech • The First Amendment does not protect defamatory speech, or false speech that damages a person’s good name, character, or reputation. There are two types of defamatory speech: • slander, which is spoken, and • libel, which is written. Section 3

38. Other Unprotected Speech (cont.) • The Court has limited the right of public officials to recover damages from defamation. • In 1942 the Supreme Court ruled that some words are so insulting that they provoke immediate violence. • Such “fighting words” do not constitute protected speech. Section 3

39. A B C D What type of defamatory speech is written rather than spoken? A.libel B.slander C.sedition D.insult Section 3 – DQ3

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41. Content Vocabulary • prior restraint • sequester • gag order • shield laws Section 4-Content Vocabulary

42. Academic Vocabulary • outcome • exclusion • transmission Section 4-Academic Vocabulary

43. Reading Strategy As you read, create a graphic organizer similar to the one below to analyze how trial judges deal with the conflict between freedom of the press and a defendant’s right to a fair trial. Section 4-Reading Strategy

44. A B Should reporters receive protection from disclosing their sources in state courts, even when national security is at stake? A. yes B. no Section 4-Polling Question

45. Prior Restraint Forbidden • Prior restraintis censorship of information before it is published. • The Supreme Court has ruled that the press may be censored in advance only in cases relating directly to national security. • Near v. Minnesota helped establish that free press means freedom from government censorship. Section 4

46. A B C D Censorship of information before it is published is called A.prior restraint. B.pre-censoring. C.a gag order. D.restraint of information. Section 4 – DQ1

47. Fair Trials and Free Press • In Sheppard v. Maxwell the Supreme Court ruled that press coverage interfered with Sheppard’s right to a fair trial. • When a jury is sequestered it is kept isolated until the trial ends. • A gag orderis an order by a judge barring the press from publishing certain types of information about a pending court case. Section 4

48. Fair Trials and Free Press (cont.) • In 1979 the Supreme Court ruled that the public and press could be barred from certain pretrial hearings if the trial judge found a “reasonable probability” that publicity would harm the defendant’s right to a fair trial. Section 4

49. Fair Trials and Free Press (cont.) • In three 1972 cases that were considered together, the Supreme Court said that reporters have to surrender evidence because the First Amendment does not give them special privileges. • To date, 30 states have passed shieldlaws—laws that give reporters some protection from disclosing their sources in state courts. Section 4

50. A B C D Laws that give reporters some protection from disclosing their sources in state courts are called A.gag orders. B.shield laws. C.silence orders. D.source laws. Section 4 – DQ2