Name: Date: Period: Ch. 16ish: Civil Liberties: First Amendment Freedoms. Filled In. Notes Chp. 16: Civil Liberties: First Amendment Freedoms 1

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1 Name: Date: Period: Ch 16ish: Civil Liberties: First Amendment Freedoms Filled In Notes Chp 16: Civil Liberties: First Amendment Freedoms 1

2 Objectives about Civil Liberties 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 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 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 Chp 16: Civil Liberties: First Amendment Freedoms 2

3 Sec 1: The Unalienable Rights I A Commitment to Freedom 1 Unlike many of the first State constitutions, the US Constitution did not include a general listing of the rights of the people 2 Bill Of Rights first 10 amendments to the Constitution; guarantee personal freedoms to the people 3 Civil Liberties protections against government; guarantees of the safety of persons, opinions, and property from arbitrary acts of government 4 Civil Rights positive acts of government that seek to make a constitutional guarantees a reality for all people II Limited Government 1 All government have and use authority over individuals a Dictatorships the government s powers are practically unlimited b In the US, the power of the government is strictly limited 2 No one has the right to do anything he or she pleases 3 Rather, all persons have the right to do as they please as long as they do not infringe on the rights of others III Federalism and Individual Rights 1 The Bill of Rights were originally intended as restrictions on the new National Government, not on the States 2 Most State constitutions have their own Bill of Rights 3 14 th Amendment No State shall deprive any person of life, liberty, or property, without due process of law a Used to extend most of the Bill of Rights to State governments b Does not apply to the 2 nd, 3 rd, 5 th, and 7 th Amendments 4 9 th Amendment there are rights that the Constitution doesn t cover that the people still have Critical Thinking 1 Why was there an outcry when the Constitution did not originally include a general listing of the rights of the people? 2 How does federalism affect the guarantees of individual rights? 3 Explain this statement: Rights are relative, not absolute 4 How does the Due Process Clause of the 14 th Amendment affect the guarantees of the Bill of Rights? Notes Chp 16: Civil Liberties: First Amendment Freedoms 3

4 Sec 2: Freedom of Religion I Establishment Clause 1 Sets up the separation of church and State 2 Nearly all property of and contributions to religious sects are free from federal, State, and local taxation 3 Religion and School a The Lemon Test a three-pronged test to see if a school is violating the Establishment Clause Purpose must be secular Primary effect must neither advance nor hinder religion Must avoid an excessive entanglement of government with religion b Released time schools release students during school hours to attend religious classes c Prayer and the Bible voluntary, small-group, student-led prayers prior to school events are constitutional d Student Religious Groups voluntary, student-led groups are constitutional e Students cannot be forced to stand or say the Pledge of Allegiance II The Free Exercise Clause 1 Guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion a It does not give anyone the right to violate criminal laws, offend public morals, or threaten the safety of the community Critical Thinking 1 What does the Establishment Clause say the government cannot do? 2 What are the three elements of the Lemmon test? a b c 3 What are the three ways in which the government can limit the Free Exercise Clause? a b c Notes Chp 16: Civil Liberties: First Amendment Freedoms 4

5 Sec 3: Freedom of Speech and Press I The Free Exchange of Ideas 1 Guarantee to each person a right of free expression 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 protect unpopular views 4 No person has the right to slander or libel a Slander false and malicious use of spoken words b Libel false and malicious use of printed words II Seditious Speech 1 Sedition the crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts 2 Seditious Speech advocating sedition; not protected by the 1 st Amendment III Obscenity 1 1 st and 14 th Amendments do not protect obscenity 2 Miller Test for obscenity a Does the work incite lust in the average person? b Does the work depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable state law? c Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value? 3 Pornography does not count as obscenity IV Prior Restraint 1 Prior restraint the government cannot curb ideas before they are expressed 2 Exception school officials can censor school newspapers, plays, and other school sponsored activities V The Media 1 The Constitution does not protect the confidentiality of their sources 2 Many States have shield laws give reporters some protection against having to disclose their sources or reveal other confidential information a VA does not have a shield law 3 Movies are protected by the Constitution (the current rating system was created by the MPAA and is not enforceable by law) 4 The FCC does have the Constitutional right to regulate radio and television VI Symbolic Speech 1 Communication of ideas through actions or conduct 2 Peaceful picketing is protected by the Constitution 3 Flag burning is protected under the 1 st Amendment a the government may not prohibit the expression of an idea simply because society finds the idea itself offensive VI Commercial Speech 1 Speech for business purposes 2 Newspapers cannot deny advertisements by businesses that they don t approve of 3 The government can prohibit false and misleading advertisements Notes Chp 16: Civil Liberties: First Amendment Freedoms 5

6 4 The government can prohibit advertisements that are neither false nor misleading a Example protect the public s health in banning cigarette ads on radio and television Critical Thinking 1 What are the elements of the Miller test? a b c 2 Why do you think the press is in favor of shield laws? 3 Why do you think the FCC has the right to strictly regulate what is on TV and radio? Sec 4: Freedom of Assembly and Petition I Constitutional Guarantees 1 people can peaceably assemble to: a express their views on public matters b influence public policy c bring a group s views to the attention of the government II Time-Place-Manner Regulations 1 Cannot cause a diversion near a school or school activity 2 The government cannot regulate assemblies on the basis of what might be said there 3 The government has the power to control traffic or keep a protest rally from becoming a riot III Public Property 1 Because most demonstrations usually have a clash of ideas, the government has upheld laws that require advance notice and permits for demonstrations in public places 2 If demonstrators remain peaceful, but bystanders become violent, police must arrest the bystanders 3 Demonstrators may not interfere with legitimate business interests IV Private Property 1 Petitioning on private property falls under the scope of State laws, not the Constitution V Freedom of Association 1 Freedom of assembly and petition include the right to associate with others to promote political, economic, and other social causes 2 Organizations can refuse to accept members when that action would contradict what the organization professes to believe Critical Thinking 1 Describe the time, place, and manner limits that the government can put on freedom of assembly Notes Chp 16: Civil Liberties: First Amendment Freedoms 6

7 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 Chp 16: Civil Liberties: First Amendment Freedoms 7

8 Glossary Chp 16 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 Chp 16: Civil Liberties: First Amendment Freedoms 8

9 Glossary Chp 16 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 Chp 16: Civil Liberties: First Amendment Freedoms 9

10 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 Chp 16: Civil Liberties: First Amendment Freedoms 10