mt. 3, lt. 1 – supreme court interpretations of the bill of rights
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MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights. The First Amendment. Freedom of Religion. Establishment Clause. Free Exercise Clause. Religious Belief = complete freedom Religious Practice = may be restricted. Wall of Separation between Church & State. - PowerPoint PPT PresentationTRANSCRIPT
MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights
The First Amendment
Freedom of Religion
EstablishmentClause
Free Exercise Clause
Wall of Separation between Church & State
Religious Belief = complete freedomReligious Practice = may be restricted
Example = no mandatory prayer in schools
Example = refusing to say the Pledge of Allegiance
Public Religious Displays
Vaccinations
Evolution vs.Creationism
Marriage
Freedom of Speech
“Pure” Speech “Symbolic” Speech
Spoken or written thoughts, words, or ideas
Symbols, slogans, artwork, clothing, songs, gestures, etc.
EXCPET – slander or defamatory language = (false + harmful)
EXCEPT – speech creating a “clear and present” danger
Symbolic Speech
“Hate” Speech
Freedom of the Press
No “Prior Restraint”
No censorship or restriction on what is published
EXCEPT = libelous statements or false advertising (false + harmful)
EXCEPT = threats to national security (“leaking” information)
No Censorship
False Advertising
National Security
Right to Assemble
Right to Protest Freedom of Association
Protesting government actions (demonstrations, marches , etc.)
Right to join or form groups or organizations
EXCEPT = Time or place restrictions, public safety, private property, etc.
EXCEPT = terrorist or criminal organizations
Time & Place
Not Content
Public Access
Interpretations of the First Amendment First Amendment is usually given a “preferred position”
Freedom of expression is only limited when absolutely necessary
This is necessary for a free and democratic government
Unpopular beliefs and opinions must also be protected
Fundamental rights will often conflict with each other
Supreme Court has ultimate say in how rights are applied
MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights
The Fourteenth Amendment
DiscriminationTreating a person or group unfairly
solely based on race, religion, sex, etc.
Equal Protection
Government cannot make unreasonable distinctions among groups of people
• Government can make some distinctions
• Inequalities can and do exist• For example, colleges only
admit those who are qualified
Rational Basis
Laws must show a good reason to justify a
classification
• A law prohibiting women from driving has no rational basis
• (Women are actually safer drivers than men)
• A law requiring a vision test might discriminate against he blind, but it is necessary for public safety
Suspect Classifications
Classifications based on race or national origin are
“suspect”
• Laws requiring separate seating for African Americans were based on race and were therefore suspect• Laws designating certain areas
for smokers are based on a behavior that can threaten public health
• Therefore, it is not suspect
Fundamental Rights
Classifications are less likely when a fundamental right is
involved
• The right to vote is a fundamental right
• Limits on the right to vote (like poll taxes & literacy tests) have been found unconstitutional
• Driving is considered a privilege• Driving tests, vision tests, and
registration fees are okay under the law
Intent to Discriminate
Classifications must show an intent to discriminate
• Physical requirements for firefighters might exclude more women than men
• But there is no intent to discriminate against women
• Laws that segregated schools and colleges were clearly meant to discriminate against African-Americans