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Transcript of Splash Screen Contents Chapter Focus Section 1Section 1Constitutional Rights Section 2Section...

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

• Constitutional Rights Discuss constitutional rights and the importance of the nationalization of the Bill of Rights.

Chapter Objectives

• 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.

Constitutional Rights

Key Terms

human rights, incorporation

Find Out

• Why is the Constitution of the United States considered to be a living document?

• How did the Supreme Court extend many rights mentioned in the first 10 amendments to the Constitution?

Constitutional Rights

Understanding Concepts

Civic Participation What 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.

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.

A. The Constitution guarantees the basic rights of United States citizens in the Bill of Rights.

I. Constitutional Rights (pages 355–357)

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.

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.

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.

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.

I. Constitutional Rights (pages 355–357)

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.

Checking for Understanding

Effect: The Bill of Rights grew to protect citizens on the state as well as federal level.

2. Define human rights, incorporation.

Checking for Understanding

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.

3. Identify Bill of Rights, Fourteenth Amendment.

Checking for Understanding

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.

4. Analyze the impact of the incorporation of the Bill of Rights.

Checking for Understanding

Incorporation extended the Bill of Rights to protect citizens from all levels of government in the United States.

5. Cite the branch of government that has been primarily responsible for the incorporation of the Bill of Rights.

Checking for Understanding

the judicial branch (the Supreme Court)

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?

Critical Thinking

They feared the potential power and abuses of the national government.

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.

Freedom of Religion

Key Terms

establishment clause, free exercise clause, parochial school, secular, abridge, precedent

Find Out

• Why did the Court allow state-supported bus transportation for parochial schools but ban their use for field trips?

• What is the difference between the establishment clause and the free exercise clause of the First Amendment?

Freedom of Religion

Understanding Concepts

Cultural Pluralism How does the free exercise clause protect the diverse cultures and religious practices in the United States?

Section ObjectiveExplain the establishment and free exercise clauses that define the First Amendment’s guarantee of religious freedom.

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.

A. This clause forbids Congress from passing legislation to establish a single religion for the United States.

I. The Establishment Clause (pages 358–363)

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.

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:

I. The Establishment Clause (pages 358–363)

1. if the aid has a clear nonreligious purpose;

2. if its main effect is to neither advance nor inhibit religion;

3. if it avoids excessive government entanglement with religion.

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.

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.

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.

I. The Establishment Clause (pages 358–363)

A. The Supreme Court makes an important distinction between religious belief and practice.

II. The Free Exercise Clause (pages 363–364)

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.

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.

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.

Checking for Understanding

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

___ establishment clause

___ free exercise clause

___ parochial school

___ secular

___ abridge

___ precedent

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”

Checking for Understanding

F

C

B

E

A

D

Match the term with the correct definition.

3. Identify Equal Access Act.

Checking for Understanding

The Equal Access Act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school.

4. What three-part test does the Supreme Court use to determine if government aid to parochial education is constitutional?

Checking for Understanding

Aid must have a clearly secular purpose, must neither advance nor inhibit religion, and must not involve “excessive government entanglement with religion.”

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.

Critical Thinking

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.

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.

Freedom of Speech

Key Terms

pure speech, symbolic speech, seditious speech, defamatory speech, slander, libel

Find Out

• What speech is protected by the First Amendment, and what speech is not protected?

• How has the Supreme Court applied the principles of “clear and present danger” and the bad tendency doctrine in determining free speech?

Freedom of Speech

Understanding Concepts

Civil Liberties What is the intent of the preferred position doctrine?

Section ObjectiveExplain how the First Amendment protects diversity of opinion in the United States.

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.

A. Free speech includes verbal expression of thought and opinion and symbolic speech, using actions and symbols.

I. Types of Speech (pages 366–367)

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.

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.

I. Types of Speech (pages 366–367)

A. The rights of free speech must be balanced against the need to protect society.

II. Regulating Speech (pages 367–369)

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.

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.

II. Regulating Speech (pages 367–369)

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.

A. The First Amendment does not protect defamatory speech.

III. Other Speech Not Protected (pages 369–370)

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.

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.

III. Other Speech Not Protected (pages 369–370)

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.

1. Main Idea Use a Venn diagram like the one shown here to explain the difference between slander and libel.

Checking for Understanding

Slander: spoken; Libel: written

___ pure speech

___ symbolic speech

___ seditious speech

___ defamatory speech

___ slander

___ libel

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

Checking for Understanding

E

A

C

F

B

D

Match the term with the correct definition.

3. Identify “clear and present danger.”

Checking for Understanding

The phrase “clear and present danger” refers to a test judges frequently rely on to resolve the conflict between free expression and the demands of public safety.

4. What three tests does the Supreme Court use to set limits on free speech?

Checking for Understanding

clear and present danger—speech presenting immediate danger is not protected; bad tendency—speech can be restricted even if it only tends to lead to illegal action; preferred position—speech should not be limited unless absolutely necessary

5. What types of speech does the First Amendment not protect?

Checking for Understanding

The First Amendment does not protect seditious speech, defamatory speech, “fighting words,” and certain types of student speech.

6. Making Comparisons How does freedom of speech in the United States differ in wartime and in peacetime? Refer to Supreme Court decisions in your answer.

Critical Thinking

Speech considered seditious during war [Schenck (1919) and O’Brien (1968)] was protected in peacetime [Yates (1957) and Brandenburg (1969)].

Civil Liberties The Supreme Court has held that First Amendment freedoms are more fundamental than others. Read a Court decision in this chapter and create a political cartoon supporting or opposing the Court’s view. Post your cartoon on a bulletin board and challenge other students to guess the case that it identifies.

Freedom of the Press

Key Terms

prior restraint, sequester, gag order, shield laws

Find Out

• How has the Supreme Court ruled when the presence of the media could affect a court trial?

• What is the Supreme Court’s opinion on prior restraint?

Freedom of the Press

Understanding Concepts

Civil Liberties Some people perceive an adversarial relationship between the government and the press. Is this so? Why or why not?

Section ObjectiveAnalyze First Amendment protections for the sharing of information and opinions.

In ruling on Near v. Minnesota, Chief Justice Charles Evans Hughes declared that prior restraint was “the essence of censorship” but acknowledged four possible circumstances in which he felt censorship might be allowed: when something printed was obscene, weakened national security, invaded “private rights,” or incited violence.

A. Prior restraint, or censorship in advance, is permissible only in cases directly related to national security.

I. Prior Restraint Forbidden (pages 371–372)

B. In Near v. Minnesota (1931) the Court ruled that states could not stop the publication of a newspaper because that action involved prior restraint.

C. In the Pentagon Papers case in 1971, the majority ruled that the government could not stop the publication of secret government documents because it would involve prior restraint.

Why were the justices of the Supreme Court divided in their decision in the Pentagon Papers case in 1971? Explain the issues that caused the Court to split in this ruling.

See the case and decision on text page 372.

I. Prior Restraint Forbidden (pages 371–372)

A. The First Amendment rights of a free press sometimes conflict with the Sixth Amendment’s guarantee of a fair trial.

II. Fair Trials and Free Press (pages 372–374)

B. After the Sheppard case (1966), the Supreme Court described measures that courts might take to restrain press coverage, including moving the trial site, limiting the number of reporters in the courtroom, controlling reporters’ conduct in court, keeping witnesses and jurors isolated from the press, and sequestering the jury.

C. Gag orders barring the press from publishing certain types of information are illegal and are allowed only in unusual circumstances.

D. After the Court ruled that reporters, like all citizens, must testify in cases if called and cannot refuse to reveal their sources of information, some states passed shield laws to protect the media from being forced to disclose confidential information in state courts.

II. Fair Trials and Free Press (pages 372–374)

II. Fair Trials and Free Press (pages 372–374)

Do you favor or oppose state shield laws to protect news reporters? Explain your reasons.

Answers will vary. Most states have passed shield laws.

A. The Founders viewed the press strictly as printed material; electronic media had not yet been invented.

III. Free Press Issues (pages 374–375)

B. Radio and television do not enjoy as much freedom as other press media because they use the public airways.

C. The Federal Communications Commission (FCC) regulates radio and television. That agency cannot censor broadcasts but may set standards.

D. Movies and the Internet are protected by free press guarantees.

E. Communities may regulate obscenity within limits acceptable to the courts.

F. Advertising is commercial speech and thus receives less protection than purely political speech.

III. Free Press Issues (pages 374–375)

III. Free Press Issues (pages 374–375)

How has the Supreme Court applied different tests to the news media invented since the Constitution was adopted?

See standards for radio, television, motion pictures, and the Internet on pages 374–375.

1. Main Idea Use a graphic organizer like the one shown to analyze the importance of the Supreme Court’s ruling on the Communications Decency Act.

Checking for Understanding

issue at stake: freedom of speech safeguards on other media, such as the Internet; Court’s ruling: speech on the Internet is constitutionally protected

___ prior restraint

___ sequester

___ gag order

___ shield laws

A. given by a judge barring the press from publishing certain types of information about a pending court case

B. give reporters some means of protection against being forced to disclose confidential information or sources in state courts

C. to keep isolated

D. government censorship of information before it is published or broadcast

Checking for Understanding

D

C

A

B

Match the term with the correct definition.

3. Identify Federal Communications Commission.

Checking for Understanding

The Federal Communications Commission is a government agency that regulates the actions of radio and broadcast television.

4. When can the government exercise prior restraint on the press?

Checking for Understanding

They can exercise prior restraint only in those cases relating directly to national security.

5. What measures may a court take to restrain press coverage in the interest of a fair trial?

Checking for Understanding

Courts may move or delay the trial to reduce pretrial publicity, limit the number of reporters in the courtroom or place strict controls on their conduct, isolate witnesses and jurors from the press, and sequester the jury.

6. Checking Consistency Are there any circumstances under which reporters should be required to reveal or protect their confidential information or sources? Explain your answer.

Critical Thinking

Some students may feel that when national security, public safety, or individual rights are jeopardized, reporters should not be shielded from mandatory disclosure. Others may argue that information that endangers someone should not be revealed.

Civil Liberties The issue of freedom of the press traces back to the New York v. John Peter Zenger case. Research this case and explain how the results of this case relate to freedom of the press issues today. Present your findings in a comparison chart.

Freedom of Assembly

Key Terms

picketing, Holocaust, heckler’s veto

Find Out

• What constitutional protections are applied to demonstrations by unpopular groups, or to those who might incite violence?

• What are the limits on public assembly?

Freedom of Assembly

Understanding Concepts

Civil Liberties Why is freedom of assembly subject to greater regulation than freedom of speech?

Section Objective

Explain the freedoms and restrictions placed by the First Amendment upon gatherings of people.

Burning an American flag during a demonstration protesting some action or policy of the government may be unpopular, but it is not illegal. Why? The Supreme Court has ruled that flag burning is protected by the First Amendment because it is symbolic speech.

A. Freedom of assembly is a right closely related to freedom of speech.

I. Protecting Freedom of Assembly(pages 376–

378)

B. The Supreme Court, in DeJonge v. Oregon (1937), ruled that free assembly is as important as free press and free speech and that free assembly is protected from state and local governments.

C. Freedom of assembly includes the right to parade and hold demonstrations in public places, but those who organize the events must get a permit.

D. Demonstrations at public facilities may be limited.

E. Demonstrations are not allowed on private property, such as shopping malls and abortion clinics, because they interfere with property rights.

I. Protecting Freedom of Assembly(pages 376–

378)

When might freedom of assembly conflict with the public’s right to order and safety, and which do you think is more important?

Answers will vary. For examples of this conflict see text pages 376–377.

I. Protecting Freedom of Assembly(pages 376–

378)

A. When people assemble to advocate unpopular causes, police may have difficulty protecting them from violence and disorder.

II. Public Assembly and Disorder (pages 378–380)

B. The Nazi party march in Skokie, Illinois, in 1977 illustrated the heckler’s veto: the public vetoes the rights of free speech and assembly of an unpopular group.

C. Police may disperse a demonstration in order to keep the peace, but in the Gregory case (1969), the Court upheld the right of assembly by persons peacefully demonstrating in support of an unpopular cause.

II. Public Assembly and Disorder (pages 378–380)

How effective do you think the heckler’s veto would be in your community?

Answers will vary. Heckler’s veto is defined on text page 379.

A. Labor picketing is different from other demonstrations; it seeks to persuade customers not to deal with a business whose workers are on strike.

III. Protection for Labor Picketing (pages 380–382)

B. Before 1940 the Supreme Court supported restraints on labor picketing, but in that year it ruled that picketing was a form of free speech; in the years since, forms of picketing have been limited in several key rulings.

III. Protection for Labor Picketing (pages 380–382)

Compare labor picketing with other kinds of demonstrations. In what ways are they the same and different?

Picketing is a form of free speech, but it includes a picket line which may deprive a business of customers or workers.

A. The right of free assembly includes the right of free association, including joining a political party, interest group, or other organization.

IV.Freedom of Association (page 382)

B. Membership in groups advocating the use of force to overthrow the government, the Court has ruled, is not illegal; when members of such groups actually prepare to use such force, however, the acts are punishable.

IV.Freedom of Association (page 382)

How did the Supreme Court apply the clear and present danger doctrine to membership in subversive groups?

In the 1950s the Court upheld convictions against Communist Party members. Later it ruled that merely advocating a belief did not show a “clear and present danger.”

1. Main Idea Use a graphic organizer like the one below to identify two reasons the right to assemble is important to preserve in a democracy and two reasons it can be limited.

Checking for Understanding

to preserve: it allows political parties and interest groups to exist, as well as organized dissent against the government; to limit: local governments may require permits for organized parades and demonstrations, and restrictions may be set if the right of assembly clashes with the rights of other people.

2. Define picketing, Holocaust, heckler's veto.

Checking for Understanding

Picketing is patrolling an establishment to convince workers and the public not to enter it.

The Holocaust was the mass extermination of Jews and other groups by the Nazis during World War II.

The heckler’s veto refers to the public veto of free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence.

3. Identify clear and present danger doctrine.

Checking for Understanding

The clear and present danger doctrine was a major issue when the government began to arrest and convict accused subversives, primarily Communist Party members during the 1950s.

4. What two principles were established by the DeJonge decision?

Checking for Understanding

The right of assembly is as important as free speech; the Fourteenth Amendment protects the right of assembly from infringement by state and local governments.

5. Checking Consistency Should more restrictions apply if a parade supports an unpopular cause? Support your answer.

Critical Thinking

Answers may vary but should balance the rights of assembly with the potential for violence.

Civil Liberties Imagine that you are the mayor of a town where a citizen is planning a rally to protest the government’s environmental policies. Write a letter to the city council explaining the constitutional issues and the public welfare concerns that they should consider before allowing the rally.

Reviewing Key Terms

___ 1. Spectators threaten violence against an unpopular demonstration and, in order to keep peace, authorities break up the demonstration.

___ 2. A government official tells a reporter that she cannot publish a story that might compromise national security.

___ 3. A group burns an American flag to show its objection to a government policy.

___ 4. A newspaper publishes an untrue story that damages the reputation of a local resident.

E

C

H

D

From the following list, choose the term that fits each situation described.

A. shield laws E. heckler’s vetoB. pure speech F. seditious speechC. prior restraint G. picketingD. libel H. symbolic speech

Reviewing Key Terms

___ 5. Animal rights activists parade outside a store that sells furs and attempt to convince customers not to enter the establishment.

___ 6. An individual urges a group to fight the police rather than obey a police order to disperse.

___ 7. A person stands in front of a group and states her opinion on an issue.

___ 8. A reporter is protected against being forced to disclose a source of information in court.

G

F

B

A

From the following list, choose the term that fits each situation described.

A. shield laws E. heckler’s vetoB. pure speech F. seditious speechC. prior restraint G. picketingD. libel H. symbolic speech

1. List four freedoms the First Amendment protects.

Recalling Facts

It protects freedom of religion, freedom of speech, freedom of assembly, and freedom of the press.

2. List four examples of how religion remains part of government.

Possible answers: Most government officials take their oaths of office in the name of God. The nation’s coins carry the motto “In God We Trust.” The Pledge of Allegiance contains the phrase “one nation under God.” Daily sessions of Congress open with a prayer.

3. Identify kinds of speech the First Amendment protects and kinds it does not protect.

Recalling Facts

It protects pure speech and symbolic speech. It does not protect seditious speech, defamatory speech, or “fighting words.”

4. How might freedom of the press interfere with an individual’s right to a fair trial?

The press might print or broadcast information that might influence witnesses’ testimony, prejudice jurors or prospective jurors, or otherwise influence the trial’s outcome.

5. Why may government require that groups first obtain permits to parade or demonstrate?

Recalling Facts

Permits are required so that authorities can make arrangements for the public’s welfare, safety, and protection.

1. Civic Participation Analyze the Supreme Court’s decision in Gitlow v. New York. How did it support the intent of the Fourteenth Amendment to define citizenship and civic participation?

Understanding Concepts

Possible answers: The Court’s decision that freedom of speech is a basic, undeniable right promotes an atmosphere in which citizens can speak their minds about issues that matter to them, but cannot advocate the violent overthrow of the government. The ruling determined that no state government could deny basic rights and liberties to any person.

2. Civil Liberties Why did the court treat a Minneapolis newspaper differently than a Hazelwood school newspaper?

Understanding Concepts

Answers may vary, but students should note that school officials are responsible for activities that take place on school property and may regulate school curriculum and publications, whereas the Minneapolis newspaper was privately published and free from government censorship and prior restraint.

1. Demonstrating Reasoned Judgment Should the First Amendment protect those who publish stolen government documents? Explain.

Critical Thinking

Answers will vary, but should include references to Supreme Court decisions on this issue, such as the Pentagon Papers case. Students should attempt to balance the interests of the national security and government suppression of embarrassing information.

2. Recognizing Ideologies The Court ruled out laws requiring the teaching of creationism, but not the teaching of creationism itself. Does teaching creationism in public schools serve to “endorse a particular religious doctrine”? Explain.

Critical Thinking

Answers will vary, but should address questions such as the following: Can an individual teacher present creationism objectively? If creationism is taught, is it presented as a specific religious doctrine? What evidence is presented?

3. Making Comparisons Use a graphic organizer like the one below to compare the three tests for limiting seditious speech.

Critical Thinking

relaxes limits: preferred position; sets standard: clear and present danger; toughens limits: bad tendency.

1. Whom do you think the person in the cartoon is representing? Why?

Interpreting Political Cartoons Activity

The cartoon is representing the Framers of the Constitution, because his clothing, hairstyle, and writing materials suggest the time when the Constitution was written.

2. What is this person doing?

Interpreting Political Cartoons Activity

He is drafting the Constitution or the Bill of Rights.

3. What do his thoughts suggest about the nature of an individual’s constitutional rights?

Interpreting Political Cartoons Activity

They suggest how the nation’s Founders had to create a balance between freedom and rights and the limits to them.

What are the three major religions practiced in the United States today?

Christianity, Islam, and Judaism

1) in 18332) the Civil War and the emancipation of enslaved African Americans

3) Answers will vary.

1) less than one-fourth

2) 2.8% 3) Answers will vary.

1) Congress passed the Flag Protection Act of 1989.

2) It is considered to be a legal symbolic speech.

3) Answers will vary.

1) One possibility is that pretrial publicity may make it difficult to find jurors who have not already formed an opinion.

2) Answers will vary.

3) Answers will vary.

1) number one and possibly number four

2) number two because it would be on private property

3) number three

Depicting Rights and Freedoms Many events discussed in this chapter are filled with drama. Select one such moment to depict artistically. Here are a few ideas:

• James Madison introducing to Congress the set of amendments that became the Bill of Rights

• students or parents demonstrating against a Court ruling (as in school prayer or Bible-study case)

• a student newspaper staff learning that their publication is being censored

• reporters competing for interviews with jury members from a high-profile trial

Be prepared to explain your choice. Prepare a classroom display of the individual works.

The Colonial Press  Freedom of the press was an important issue in the North American colonies. The libel trial of John Peter Zenger in 1735 set a precedent for this freedom. Zenger, the publisher of the New York Weekly Journal, accused a British official of corruption. As a result, Zenger was brought to trial on charges of libel. His lawyer, Alexander Hamilton, argued that Zenger was not guilty because the accusations were true and because free speech was a basic right of the British people. The jury agreed and found Zenger not guilty.

Dick Gregory continued to work for political change after his experience in Chicago. Perhaps his best known comment appears in Dick Gregory’s Political Primer (1972): “In the United States, the Constitution is a health chart left by the Founding Fathers which shows whether or not the body politic is in good health. If the national body is found to be in poor health, the Founding Fathers also left a prescription for the restoration of health called the Declaration of Independence.”

Nondenominational means, in this context, “not having to do with any particular group of churches or religion.” In other words, the nondenominational prayer in the Engel v. Vitale case was deemed by the New York Board of Regents acceptable for use by Roman Catholics, Baptists, Mormons, Jews, and so on.

Picket originally was the name given to a British soldier or group of soldiers who were set to watch for the enemy. The British labor movement adopted this term to refer to a union member who, during a factory strike, would watch for laborers coming to work and try to persuade them to join the strike. Both meanings were used in the United States as well, before the term came to refer to other kinds of protests.

Spam, or unsolicited e-mail advertising, is an issue over which new technology and the First Amendment may come into possible conflict. Some computer users say junk e-mail is even worse than regular junk mail because it clogs up the Internet and can cost the recipient in telephone bills. States have passed legislation to control spam, but some people do not want to see laws that would eliminate it altogether. They say that although spam is a nuisance, banning it would be a violation of the First Amendment. If spam is controlled by the government, they argue, other kinds of Internet speech might also become regulated. Instead, these critics believe that federal and state legislation should continue to provide limited protection against certain forms of spam without forbidding people their right to self expression.

Spam Ban?

Restricting Freedoms  Most Americans believe that one of the principal functions of government is to protect the rights of the governed. Among the rights that Americans want government to secure are freedom of religion, speech, press, and assembly. These civil liberties are expressly granted to citizens in the First Amendment. While the Constitution grants citizens these liberties, it can also be used by government to restrict these liberties when it can be shown that it is in the public interest to do so. Debate these issues by agreeing or disagreeing with the following statement: “In a democracy, guaranteed rights must be accompanied by a means to restrict those rights.”

Students on Parade  Think of a local parade in which you would like to participate and then find out how you would apply for a parade permit. Share your findings with the class and discuss whether or not you think that some kinds of parades are more “welcome” in the community than others—and, if so, which ones.

Law  The Supreme Court decision in Abington School District v. Schempp banned the reading of the Lord’s Prayer and sections from the Bible, but it did not rule against teaching about religion in public schools. The ruling noted, “Nothing we have said here indicates that . . . study of the Bible or religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment.”

Gladiola Campos and the other students in Union Summer worked in some 20 communities nationwide, focusing their efforts on educating and mobilizing women, recent immigrants, and racial minorities. Joy Applin, another student worker in that summer’s program, said, “I am so glad that I am in Union Summer. Before, I didn’t have much knowledge about unions. Now, it’s making me excited.” And Gladiola Campos commented, “I’m pumped up . . . I feel ready to take on the world.”

Activity: Consider how you might try to educate a person—especially a person whom you felt was being taken advantage of—about his or her rights.

Gladiola Campos

More About Finding Supreme Court Decisions Browse the Internet to obtain information on Supreme Court decisions.

• U.S. Government Printing Office Home Page: http://www.access.gpo.gov/

• Meta-Index for U.S. Legal Research: http://gsulaw.gsu.edu/metaindex/

• Legal Information Institute: http://www.law.cornell.edu/

• Oyez: U.S. Supreme Court Multimedia: http://www.oyez.org/

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