fundamental freedoms
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Section 1: Freedom and the Bill of Rights Section 2: Freedom of Religion Section 3: Freedom of Speech and of the Press Section 4: Freedom of Assembly and Petition. CHAPTER 13. Fundamental Freedoms. Section 1: Freedom and the Bill of Rights. Objectives: - PowerPoint PPT PresentationTRANSCRIPT
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Fundamental FreedomsSection 1: Freedom and the Bill of RightsSection 2: Freedom of ReligionSection 3: Freedom of Speech and of the PressSection 4: Freedom of Assembly and Petition
CHAPTER 13
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Section 1: Freedom and the Bill of Rights
Objectives:How does the Constitution protect civil liberties?Whose civil liberties does the First Amendment
guarantee?What is the role of laws and the courts in balancing
individuals’ civil liberties with the interests of the community?
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Section 1: Freedom and the Bill of Rights
The Constitution protects civil liberties in the Bill of Rights.
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Section 1: Freedom and the Bill of Rights
People whose civil liberties are guaranteed by the First Amendment:U.S. citizensresident noncitizens
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Section 1: Freedom and the Bill of Rights
To balance individuals’ civil liberties with community interests, boundaries on individual rights have been set by laws and the courts so that other’s rights or interests are not threatened.
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Section 2: Freedom of Religion
Objectives:How has the Supreme Court interpreted the
Establishment Clause to define the relationship between religion and public schools?
How does the Supreme Court decide if government aid to religious groups is constitutional?
Why has the Supreme Court allowed tax exemptions for religious groups?
How has the Free Exercise Clause been interpreted?
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Section 2: Freedom of Religion
Supreme Court interpretations of the Establishment Clause to define the relationship between religion and public schools:Official support for religious programs is
unconstitutional, but students can leave campus to receive religious instruction.
Officially sponsored prayer and religious activities in public schools are unconstitutional, but students have the right to pray on their own in school and religious materials can be used in secular studies.
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Section 2: Freedom of Religion
How the Supreme Court determines the constitutionality of government aid to religious groupsThe Lemon test:Aid must be for a nonreligious purpose.It must neither advance nor limit religion.It must not result in excessive government
involvement with religion.
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Section 2: Freedom of Religion
The Supreme Court has allowed tax exemptions for religious groups so the government can remain neutral by neither supporting religion nor restricting it. “Separation of Church and State”, however, is not part of the Constitution. It was taken from the writings of Thomas Jefferson and used in Supreme Court cases on the establishment clause.(Everson v. Board of Education, 1947; Wallace v. Jaffree, 1985)
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Section 2: Freedom of Religion
Religious practices may be restricted if they violate social standards or constitutional laws, such as bigamy, or if they threaten the public safety, such as not vaccinating children because of religious beliefs against such medical practices.
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Section 3: Freedom of Speech and of the Press
Objectives:What challenges exist in balancing individuals’
freedom of speech with the need to protect national security?
What boundaries exist on the media’s freedom of expression?
How does the First Amendment affect symbolic speech and hate speech?
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Section 3: Freedom of Speech and of the Press
Challenges in balancing individuals’ freedom of speech with protecting national security:determining seditionproving statements pose a clear and present danger
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Section 3: Freedom of Speech and of the Press
Boundaries on the media’s freedom of expression:prior restraint lawsshield lawslibel lawsobscenity lawslicense requirementsFCC standardsfalse advertising laws
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Section 3: Freedom of Speech and of the Press
The First Amendment’s effect on symbolic speech and hate speech:symbolic speech—actions that communicate a
message are protected to an extent hate speech—many hate speech rules and “insulting”
or “fighting” words that are likely to cause a fight are not protected
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Section 4: Freedom of Assembly and Petition
Objectives:How does the First Amendment protect the rights of
assembly and petition on public property?How is the freedom to demonstrate restricted on
private property?How does freedom of assembly support freedom of
association?
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Section 4: Freedom of Assembly and Petition
First Amendment protections on the rights of assembly and petition on public property:protects peaceful demonstrations protects demonstrations with time, place, and manner
regulations
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Section 4: Freedom of Assembly and Petition
Restrictions on the freedom to demonstrate on private property:People do not have the right to demonstrate or protest
on property belonging to a business or residence.
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Section 4: Freedom of Assembly and Petition
How the freedom of assembly supports the freedom of association:People may associate with groups without
government interference.
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Chapter Wrap-Up1. How are civil liberties guaranteed in the Bill
of Rights? Do aliens have the same rights as citizens?
2. What is the role of the courts in finding a proper balance between individuals’ civil liberties and some wider public interest?
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Chapter Wrap-Up3. What is the importance of the Establishment
and Free Exercise Clauses of the First Amendment?
4. How does the Supreme Court apply the clear-and-present-danger test to free-expression cases? In what ways may government set boundaries on free speech in the media?
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Chapter Wrap-Up5. How is symbolic speech protected by the First
Amendment? What is the difference between the free expression that is restricted by many hate speech rules and that which the courts have called fighting words?
6. How does the freedom of assembly protect the right of association?