Constitutional Rights and the Nationalization of the Bill of Rights

1. Splash Screen

2. Chapter Focus 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 Assessment Contents

3. Why It’s Important

4. Chapter Objectives • Constitutional Rights Discuss constitutional rights and the importance of the nationalization of the Bill of Rights. • Freedom of Religion Explain the establishment and free exercise clauses that define the First Amendment’s guarantee of religious freedom. • Freedom of Speech Explain how the First Amendment protects diversity of opinion in the United States. • Freedom of the Press Analyze First Amendment protections for the sharing of information and opinions. • Freedom of Assembly Explain the freedoms and restrictions placed by the First Amendment upon gatherings of people. Chapter Objectives

5. End of Chapter Focus

6. Constitutional Rights • Key Terms • human rights, incorporation • Find Out • • How did the Supreme Court extend many rights mentioned in the first 10 amendments to the Constitution? • • Why is the Constitution of the United States considered to be a living document? Section 1 Introduction-1

7. Constitutional Rights • Understanding Concepts • Civic ParticipationWhat general assumptions about its citizens does a democratic government make? • Section Objective • Discuss constitutional rights and the importance of the nationalization of the Bill of Rights. Section 1 Introduction-2

8. The Fourteenth Amendment, which grants citizenship and fundamental rights to African Americans, was intended to protect the rights of freed African Americans in the South. The amendment was passed in June 1866, but was not ratified by the states until July 1868. The ratification process took so long because many southern states were against equal rights for African Americans. The federal government encouraged ratification of the Fourteenth Amendment by making it a requirement for southern states that wanted to be readmitted into the Union. Section 1-1

9. I. Constitutional Rights (pages 355–357) • A. The Constitution guarantees the basic rights of United States citizens in the Bill of Rights. • B. Today, the Bill of Rights protects the rights of individuals not only from actions of the federal government but also from actions of state and local governments. • C. The Bill of Rights was intended to protect against the actions of the federal government. Section 1-2

10. I. Constitutional Rights (pages 355–357) • D. A process called incorporation extended the Bill of Rights to all levels of government. • E. The Fourteenth Amendment, added in 1868, paved the way for a major expansion of individual rights by the due process clause, which Supreme Court rulings have interpreted as applying to all levels of government. Section 1-3

11. I. Constitutional Rights (pages 355–357) • F. The Supreme Court’s interpretation of the Fourteenth Amendment nationalized the Bill of Rights, thus giving citizens in every part of the United States the same basic rights. • G. The incorporation of the Bill of Rights has meant that, in practice, citizens who believe state and local governments have denied them their constitutional rights can take their cases to federal courts, including the Supreme Court. Section 1-4

12. I. Constitutional Rights (pages 355–357) How was the Bill of Rights expanded so that citizens in all parts of the United States now enjoy the same basic rights? By a process called incorporation. Section 1-5

13. Checking for Understanding • 1. Main Idea Use a graphic organizer like the one below to show the effects of incorporation on the scope of the Bill of Rights. • Effect: The Bill of Rights grew to protect citizens on the state as well as federal level. Section 1 Assessment-1

14. Checking for Understanding • 2. Define human rights, incorporation. • Human rights are fundamental freedoms. • Incorporation is a process that extended the protections of the Bill of Rights against the actions of state and local governments; the process of setting up a legal community under state law. Section 1 Assessment-2

15. Checking for Understanding • 3. Identify Bill of Rights, Fourteenth Amendment. • The Bill of Rights are the first ten amendments of the Constitution that guarantee basic rights. • The Fourteenth Amendment defined citizenship and laid the groundwork for making individual rights national. Section 1 Assessment-3

16. Checking for Understanding • 4. Analyze the impact of the incorporation of the Bill of Rights. • Incorporation extended the Bill of Rights to protect citizens from all levels of government in the United States. Section 1 Assessment-4

17. Checking for Understanding • 5. Cite the branch of government that has been primarily responsible for the incorporation of the Bill of Rights. • the judicial branch (the Supreme Court) Section 1 Assessment-5

18. Critical Thinking • 6. Making Inferences When it came time to submit the new Constitution to the states for ratification, why do you think state leaders insisted on a national Bill of Rights? • They feared the potential power and abuses of the national government. Section 1 Assessment-6

19. Civic Participation Some people have argued that all Americans should be required to perform some type of compulsory service. Write an editorial for a newspaper either supporting or opposing the idea of compulsory service. Section 1 Concepts in Action

20. End of Section 1

21. Freedom of Religion • Key Terms • establishment clause, free exercise clause, parochial school, secular, abridge, precedent • Find Out • • What is the difference between the establishment clause and the free exercise clause of the First Amendment? • • Why did the Court allow state-supported bus transportation for parochial schools but ban their use for field trips? Section 2 Introduction-1

22. Freedom of Religion • Understanding Concepts • Cultural PluralismHow does the free exercise clause protect the diverse cultures and religious practices in the United States? • Section Objective • Explain the establishment and free exercise clauses that define the First Amendment’s guarantee of religious freedom. Section 2 Introduction-2

23. The Supreme Court in 1962 ruled 6 to 1 against allowing prayers in public schools. The specific case dealing with this issue was Engle v. Vitale, for which Justice Hugo Black wrote the Court’s opinion, finding that school prayers violated the establishment clause of the First Amendment. Section 2-1

24. I. The Establishment Clause (pages 358–363) • A. This clause forbids Congress from passing legislation to establish a single religion for the United States. • B. The First Amendment’s guarantee of the free exercise of religion forbids Congress from passing laws limiting the practice of religion. • C. In practice, religion is important to public life in the United States, and defining separation between church and state has been difficult. • D.Establishment clause cases often involve religion and education. Section 2-2

25. I. The Establishment Clause (pages 358–363) • E. Since the Everson ruling in 1947, the Court has ruled some forms of state aid to parochial schools constitutional but has rejected others. • F. The Court has ruled state aid to parochial schools constitutional: • 1. iftheaidhasaclearnonreligiouspurpose; • 2. if its main effect is to neither advance nor inhibit religion; • 3. if it avoids excessive government entanglement with religion. Section 2-3

26. I. The Establishment Clause (pages 358–363) • G. The Court has allowed released time for religious instruction during the school day if the instruction is provided away from the public schools. • H. The Court has struck down organized school prayers but has allowed student religious groups to hold meetings in public schools; debate on the Court’s rulings involving religion has been heated and sharply divided. Section 2-4

27. I. The Establishment Clause (pages 358–363) • I. The Court also has ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creationism. • J. Other interpretations of the establishment clause have involved Christmas nativity displays in public places and prayers at government meetings. Section 2-5

28. I. The Establishment Clause (pages 358–363) Why has the Supreme Court upheld some kinds of state aid to parochial schools and struck down other kinds of aid? Because of its interpretation of the free exercise and establishment clauses. Section 2-6

29. II. The Free Exercise Clause (pages 363–364) • A. The Supreme Court makes an important distinction between religious belief and practice. • B. Religious freedom cannot justify behavior or practices that violate laws protecting the health, safety, or morals of the community. • C. Amish parents could not be forced to send their children to public school beyond eighth grade; children of Jehovah’s Witnesses could not be required to salute the flag in the classroom. Section 2-7

30. II. The Free Exercise Clause (pages 363–364) Compare the effects of the establishment clause and the free exercise clause of the First Amendment on the freedom of religion that United States citizens enjoy. Answers will vary. Students should use specific examples. Section 2-8

31. Checking for Understanding • 1. Main Idea Use a Venn diagram like the one below to show the difference between the establishment clause and the free exercise clause of the First Amendment and what they have in common. • establishment clause: no single church or set of beliefs can predominate; both: wall of separation between church and state; free exercise clause: the right to hold any religious beliefs is absolute Section 2 Assessment-1

32. Checking for Understanding • A. limit • B. operated by a church or religious group • C. the First Amendment guarantee that prohibits government from unduly interfering with the free exercise of religion • D. a model on which to base later decisions or actions • E. nonreligious • F. the First Amendment guarantee that “Congress shall make no law respecting an establishment of religion” Match the term with the correct definition. • ___ establishment clause • ___ free exercise clause • ___ parochial school • ___ secular • ___ abridge • ___ precedent • F • C • B • E • A • D Section 2 Assessment-2

33. Checking for Understanding • 3. Identify Equal Access Act. • The Equal Access Act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school. Section 2 Assessment-3

34. Checking for Understanding • 4. What three-part test does the Supreme Court use to determine if government aid to parochial education is constitutional? • Aid must have a clearly secular purpose, must neither advance nor inhibit religion, and must not involve “excessive government entanglement with religion.” Section 2 Assessment-4

35. Critical Thinking • 5. Recognizing Ideologies Do you think that prayer in public schools is permitted or disallowed by the establishment clause and/or the free exercise clause of the First Amendment? Explain your answer. • Answers will vary. Some students may contend that if such prayers neither favor nor discriminate against specific religions, church and state separation is maintained. Other students may argue that any religious activity in public schools destroys that separation. Section 2 Assessment-5

36. Cultural Pluralism Study the free exercise and establishment clauses. Take a position on the following: Government buildings should be allowed to place the motto “In God We Trust” in public view. Outline the reasons for your position, then create a banner or poster stating your position. Section 2 Concepts in Action

37. End of Section 2

38. Freedom of Speech • Key Terms • pure speech, symbolic speech, seditious speech, defamatory speech, slander, libel • Find Out • • How has the Supreme Court applied the principles of “clear and present danger” and the bad tendency doctrine in determining free speech? • • What speech is protected by the First Amendment, and what speech is not protected? Section 3 Introduction-1

39. Freedom of Speech • Understanding Concepts • Civil LibertiesWhat is the intent of the preferred position doctrine? • Section Objective • Explain how the First Amendment protects diversity of opinion in the United States. Section 3 Introduction-2

40. More than 2,000 years ago, a Greek philosopher named Diogenes said, “The most beautiful thing in the world is free speech.” Just as ancient Greece valued freedom of speech, United States citizens also regard it as one of their most fundamental rights. In fact, the nation’s founders included this freedom as a basic part of the first amendment they added to the Constitution. Section 3-1

41. I. Types of Speech (pages 366–367) • A. Free speech includes verbal expression of thought and opinion and symbolic speech, using actions and symbols. • B. Because symbolic speech involves action, it may be limited by government restrictions that do not apply to free speech. • C. Government can regulate or forbid symbolic speech if it falls within the constitutional power of government, if it is narrowly drawn to further a government interest not related to suppressing speech, or if it leaves open enough other channels of communication. Section 3-2

42. I. Types of Speech (pages 366–367) Compare pure speech and symbolic speech. In what ways are they similar? In what ways are they different? Pure speech is verbal expression; symbolic speech is actions and symbols; both are protected by the First Amendment. Section 3-3

43. II. Regulating Speech (pages 367–369) • A. The rights of free speech must be balanced against the need to protect society. • B. Free speech may be limited when it clearly presents an immediate danger, as in the Schenck case (1919). • C. Free speech can be restricted even if it only tends to lead to illegal action (the bad tendency doctrine), given society’s need to maintain public order. Section 3-4

44. II. Regulating Speech (pages 367–369) • D. The Court has ruled that the First Amendment freedoms have a preferred position because they are more fundamental than other freedoms; laws limiting them are presumed unconstitutional. • E. The Court has held that people are free to speak out in support of political objectives; however, free speech does not protect those who advocate immediate and specific acts of violence. Section 3-5

45. II. Regulating Speech (pages 367–369) What three constitutional tests has the Supreme Court used when deciding whether limits on free speech are permissible? “Clear and present danger” rule, bad tendency doctrine, preferred position doctrine. Section 3-6

46. III. Other Speech Not Protected (pages 369–370) • A. The First Amendment does not protect defamatory speech. • B. Defamatory speech includes slander, or spoken words, and libel, or written words, in false and damaging statements about someone. • C. Public officials and public figures in general are excluded from the right to sue for slander in order to preserve an individual’s right to criticize the government. Section 3-7

47. III. Other Speech Not Protected (pages 369–370) • D. Fighting words, or speech intended to provoke violence, are not protected. • E. School authorities can regulate students’ free speech at school events and during activities. Section 3-8

48. III. Other Speech Not Protected (pages 369–370) Do you agree or disagree with limits on students’ freedom of speech in public schools? Use examples of these limits to explain your opinion. Answers will vary. See cases on text page 370. Section 3-9

49. Checking for Understanding • 1. Main Idea Use a Venn diagram like the one shown here to explain the difference between slander and libel. • Slander: spoken; Libel: written Section 3 Assessment-1

50. Checking for Understanding • A. the use of actions and symbols, in addition to or instead of words, to express opinions • B. false speech intended to damage a person’s reputation • C. speech urging resistance to lawful authority or advocating the overthrow of the government • D. false written or published statements intended to damage a person’s reputation • E. the verbal expression of thought and opinion before an audience that has chosen to listen • F. false speech that damages a person’s good name, character, or reputation Match the term with the correct definition. • ___ pure speech • ___ symbolic speech • ___ seditious speech • ___ defamatory speech • ___ slander • ___ libel • E • A • C • F • B • D Section 3 Assessment-2