Chapters 11-1,12-1,13 1-5
Chapter Focus
Section 1 Constitutional Rights
Section 2 Freedom of Religion
Section 3 Freedom of Speech
Section 4 Freedom ...
Powers of the Federal Courts
Understanding Concepts
Constitutional Interpretations How has the
Supreme Court historically ...
By the twentieth century, the Supreme
Court had become so powerful that Chief
Justice Charles Evans Hughes once
boasted: “...
I. Jurisdiction of the Courts (pages 305–307)
A. The United States has a dual court system
of state and federal courts.
B....
I. Jurisdiction of the Courts (pages 305–307)
I. Jurisdiction of the Courts (pages 305–307)

Compare the jurisdictions of state courts
and federal courts.
State courts ...
II. Developing Supreme Court Power

(pages 307–308)

A. The Supreme Court has become the most
powerful court in the world;...
II. Developing Supreme Court Power

(pages 307–308)

E. Marshall broadened federal power at the
expense of the states.
F. ...
II. Developing Supreme Court Power

(pages 307–308)

Do you think the power of judicial review
is more or less important t...
III. Due Process and Regulatory Power

(pages 308–310)

A. The Supreme Court’s rulings on the
Reconstruction Amendments ev...
III. Due Process and Regulatory Power

(pages 308–310)

D. After President Franklin D. Roosevelt’s
Court-packing scheme of...
III. Due Process and Regulatory Power

(pages 308–310)

How do you think the course of United
States history might have be...
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to show how the Supreme Court
extended ...
Checking for Understanding
Match the term with the correct definition.
___
___
___
___
___

D
concurrent jurisdiction
B
or...
Checking for Understanding
3. Identify Marbury v. Madison, judicial review,
“separate but equal” doctrine.
Marbury v. Madi...
Checking for Understanding
4. Identify the different jurisdictions of federal and
state courts.
State courts have jurisdic...
Checking for Understanding
5. What doctrine was established by the ruling in
Plessy v. Ferguson?
The “separate but equal” ...
Critical Thinking
6. Identifying Alternatives What choice of
jurisdiction would be available to a person who
was being sue...
Constitutional Interpretations Choose one
of the cases discussed in Section 1 or
another case that contributed to the
deve...
The Supreme Court at Work
Key Terms
writ of certiorari, per curiam opinion, brief, amicus
curiae, majority opinion, dissen...
The Supreme Court at Work
Understanding Concepts
Political Processes Why does the Supreme Court
decline to hear most of th...
For more than a month, Chief Justice John
Marshall served as both chief justice of the
United States and secretary of stat...
I. The Court’s Procedures (page 331)
A. During two-week sessions, justices hear oral
arguments on cases and then meet in s...
I. The Court’s Procedures (page 331)

The Supreme Court reviews about one
percent of the cases referred to it. Does
this s...
II. How Cases Reach the Court (pages 332–333)
A. The majority of referred Court cases concern
appeals from lower courts.
B...
II. How Cases Reach the Court (pages 332–333)
D. The solicitor general is appointed by the
president and represents the fe...
II. How Cases Reach the Court (pages 332–333)
II. How Cases Reach the Court (pages 332–333)

Why does the Supreme Court select a
very small percentage of cases to revie...
III. Steps in Deciding Major Cases (pages 333–335)
A. Each side submits a brief detailing legal
arguments, facts, and prec...
III. Steps in Deciding Major Cases (pages 333–335)
D. The justices spend about 30 minutes
debating each case. Each justice...
III. Steps in Deciding Major Cases (pages 333–335)

In what way has a Supreme Court
decision affected you, your family, or...
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to identify the three ways cases reach ...
Checking for Understanding
Match the term with the correct definition.
___
___
___
___
___
___

writ of certiorari
D
A
per...
Checking for Understanding
3. Identify Charles Evans Hughes.
Charles Evans Hughes served as chief justice of the Supreme C...
Checking for Understanding
4. What steps does the Supreme Court take in
selecting, hearing, and deciding cases?
Justices d...
Critical Thinking
5. Demonstrating Reasoned Judgment Do you
believe that it is proper that the Supreme
Court’s deliberatio...
Political Processes The Supreme
Court does not hear all the cases sent to
it on appeal. Find out how many cases
were sent ...
Chapter Objectives
•

Constitutional Rights Discuss constitutional rights
and the importance of the nationalization of the...
Constitutional Rights
Key Terms
human rights, incorporation

Find Out
• How did the Supreme Court extend many rights menti...
Constitutional Rights
Understanding Concepts
Civic Participation What general
assumptions about its citizens does a
democr...
The Fourteenth Amendment, which grants
citizenship and fundamental rights to African
Americans, was intended to protect th...
I. Constitutional Rights (pages 355–357)
A. The Constitution guarantees the basic rights
of United States citizens in the ...
I. Constitutional Rights (pages 355–357)
D. A process called incorporation extended
the Bill of Rights to all levels of
go...
I. Constitutional Rights (pages 355–357)
F. The Supreme Court’s interpretation of the
Fourteenth Amendment nationalized th...
I. Constitutional Rights (pages 355–357)

How was the Bill of Rights expanded so
that citizens in all parts of the United
...
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to show the effects of incorporation on...
Checking for Understanding
2. Define human rights, incorporation.
Human rights are fundamental freedoms.
Incorporation is ...
Checking for Understanding
3. Identify Bill of Rights, Fourteenth Amendment.
The Bill of Rights are the first ten amendmen...
Checking for Understanding
4. Analyze the impact of the incorporation of the
Bill of Rights.
Incorporation extended the Bi...
Checking for Understanding
5. Cite the branch of government that has been
primarily responsible for the incorporation of t...
Critical Thinking
6. Making Inferences When it came time to
submit the new Constitution to the states for
ratification, wh...
Civic Participation Some people have
argued that all Americans should be
required to perform some type of
compulsory servi...
Freedom of Religion
Key Terms
establishment clause, free exercise clause,
parochial school, secular, abridge, precedent

F...
Freedom of Religion
Understanding Concepts
Cultural Pluralism How does the free exercise
clause protect the diverse cultur...
The Supreme Court in 1962 ruled 6 to 1
against allowing prayers in public schools.
The specific case dealing with this iss...
I. The Establishment Clause (pages 358–363)
A. This clause forbids Congress from passing
legislation to establish a single...
I. The Establishment Clause (pages 358–363)
E. Since the Everson ruling in 1947, the Court
has ruled some forms of state a...
I. The Establishment Clause (pages 358–363)
G. The Court has allowed released time for
religious instruction during the sc...
I. The Establishment Clause (pages 358–363)
I. The Court also has ruled that states
cannot ban the teaching of evolution i...
I. The Establishment Clause (pages 358–363)

Why has the Supreme Court upheld some
kinds of state aid to parochial schools...
II. The Free Exercise Clause (pages 363–364)
A. The Supreme Court makes an important
distinction between religious belief
...
II. The Free Exercise Clause (pages 363–364)

Compare the effects of the establishment
clause and the free exercise clause...
Checking for Understanding
1. Main Idea Use a Venn diagram like the one
below to show the difference between the
establish...
Checking for Understanding
Match the term with the correct definition.
___
___
___
___
___
___

F
establishment clause
fre...
Checking for Understanding
3. Identify Equal Access Act.
The Equal Access Act allows public high schools receiving federal...
Checking for Understanding
4. What three-part test does the Supreme Court
use to determine if government aid to parochial
...
Critical Thinking
5. Recognizing Ideologies Do you think that
prayer in public schools is permitted or
disallowed by the e...
Cultural Pluralism Study the free exercise
and establishment clauses. Take a position
on the following: Government buildin...
Freedom of Speech
Key Terms
pure speech, symbolic speech, seditious speech,
defamatory speech, slander, libel

Find Out
• ...
Freedom of Speech
Understanding Concepts
Civil Liberties What is the intent of the preferred
position doctrine?

Section O...
More than 2,000 years ago, a Greek
philosopher named Diogenes said, “The
most beautiful thing in the world is free
speech....
I. Types of Speech (pages 366–367)
A. Free speech includes verbal expression of
thought and opinion and symbolic speech,
u...
I. Types of Speech (pages 366–367)

Compare pure speech and symbolic
speech. In what ways are they similar? In
what ways a...
II. Regulating Speech (pages 367–369)
A. The rights of free speech must be balanced
against the need to protect society.
B...
II. Regulating Speech (pages 367–369)
D. The Court has ruled that the First
Amendment freedoms have a preferred
position b...
II. Regulating Speech (pages 367–369)

What three constitutional tests has the
Supreme Court used when deciding whether
li...
III. Other Speech Not Protected (pages 369–370)
A. The First Amendment does not protect
defamatory speech.
B. Defamatory s...
III. Other Speech Not Protected (pages 369–370)
D. Fighting words, or speech intended to
provoke violence, are not protect...
III. Other Speech Not Protected (pages 369–370)

Do you agree or disagree with limits on
students’ freedom of speech in pu...
Checking for Understanding
1. Main Idea Use a Venn diagram like the one
shown here to explain the difference between
sland...
Checking for Understanding
Match the term with the correct definition.
___
___
___
___
___
___

E
pure speech
A
symbolic s...
Checking for Understanding
3. Identify “clear and present danger.”
The phrase “clear and present danger” refers to a test ...
Checking for Understanding
4. What three tests does the Supreme Court use
to set limits on free speech?
clear and present ...
Checking for Understanding
5. What types of speech does the First
Amendment not protect?
The First Amendment does not prot...
Critical Thinking
6. Making Comparisons How does freedom of
speech in the United States differ in wartime
and in peacetime...
Civil Liberties The Supreme Court has
held that First Amendment freedoms are
more fundamental than others. Read a
Court de...
Freedom of the Press
Key Terms
prior restraint, sequester, gag order, shield laws

Find Out
• What is the Supreme Court’s ...
Freedom of the Press
Understanding Concepts
Civil Liberties Some people perceive an
adversarial relationship between the g...
In ruling on Near v. Minnesota, Chief Justice
Charles Evans Hughes declared that prior
restraint was “the essence of censo...
I. Prior Restraint Forbidden (pages 371–372)
A. Prior restraint, or censorship in advance, is
permissible only in cases di...
I. Prior Restraint Forbidden (pages 371–372)

Why were the justices of the Supreme Court
divided in their decision in the ...
II. Fair Trials and Free Press (pages 372–374)
A. The First Amendment rights of a free press
sometimes conflict with the S...
II. Fair Trials and Free Press (pages 372–374)
C. Gag orders barring the press from
publishing certain types of informatio...
II. Fair Trials and Free Press (pages 372–374)

Do you favor or oppose state shield laws
to protect news reporters? Explai...
III. Free Press Issues (pages 374–375)
A. The Founders viewed the press strictly as
printed material; electronic media had...
III. Free Press Issues (pages 374–375)
D. Movies and the Internet are protected by
free press guarantees.
E. Communities m...
III. Free Press Issues (pages 374–375)

How has the Supreme Court applied different
tests to the news media invented since...
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
shown to analyze the importance of the
Suprem...
Checking for Understanding
Match the term with the correct definition.
___ D
prior restraint
___ C
sequester
___ A
gag ord...
Checking for Understanding
3. Identify Federal Communications Commission.
The Federal Communications Commission is a gover...
Checking for Understanding
4. When can the government exercise prior
restraint on the press?
They can exercise prior restr...
Checking for Understanding
5. What measures may a court take to restrain
press coverage in the interest of a fair trial?
C...
Critical Thinking
6. Checking Consistency Are there any
circumstances under which reporters should be
required to reveal o...
Civil Liberties The issue of freedom of
the press traces back to the New York v.
John Peter Zenger case. Research this
cas...
Freedom of Assembly
Key Terms
picketing, Holocaust, heckler’s veto

Find Out
• What are the limits on public assembly?
• W...
Freedom of Assembly
Understanding Concepts
Civil Liberties Why is freedom of assembly subject
to greater regulation than f...
Burning an American flag during a
demonstration protesting some action or
policy of the government may be unpopular,
but i...
I. Protecting Freedom of Assembly

(pages 376–378)

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

(pages 376–378)

D. Demonstrations at public facilities may
be limited.
E. Demonstratio...
I. Protecting Freedom of Assembly

(pages 376–378)

When might freedom of assembly conflict
with the public’s right to ord...
II. Public Assembly and Disorder (pages 378–380)
A. When people assemble to advocate
unpopular causes, police may have dif...
II. Public Assembly and Disorder (pages 378–380)

How effective do you think the heckler’s veto
would be in your community...
III. Protection for Labor Picketing (pages 380–382)
A. Labor picketing is different from other
demonstrations; it seeks to...
III. Protection for Labor Picketing (pages 380–382)

Compare labor picketing with other kinds of
demonstrations. In what w...
IV.Freedom of Association (page 382)
A. The right of free assembly includes the
right of free association, including joini...
IV.Freedom of Association (page 382)

How did the Supreme Court apply the clear
and present danger doctrine to membership
...
Checking for Understanding
1. Main Idea Use a graphic organizer like the one
below to identify two reasons the right to
as...
Checking for Understanding
2. Define picketing, Holocaust, heckler's veto.
Picketing is patrolling an establishment to con...
Checking for Understanding
3. Identify clear and present danger doctrine.
The clear and present danger doctrine was a majo...
Checking for Understanding
4. What two principles were established by the
DeJonge decision?
The right of assembly is as im...
Critical Thinking
5. Checking Consistency Should more
restrictions apply if a parade supports an
unpopular cause? Support ...
Civil Liberties Imagine that you are the
mayor of a town where a citizen is
planning a rally to protest the
government’s e...
Reviewing Key Terms
From the following list, choose the term that fits each situation described.

A. shield laws
B. pure s...
Reviewing Key Terms
From the following list, choose the term that fits each situation described.

A. shield laws
B. pure s...
Recalling Facts
1. List four freedoms the First Amendment protects.
It protects freedom of religion, freedom of speech, fr...
Recalling Facts
3. Identify kinds of speech the First Amendment
protects and kinds it does not protect.
It protects pure s...
Recalling Facts
5. Why may government require that groups first
obtain permits to parade or demonstrate?
Permits are requi...
Understanding Concepts
1. Civic Participation Analyze the Supreme
Court’s decision in Gitlow v. New York. How did it
suppo...
Understanding Concepts
2. Civil Liberties Why did the court treat a
Minneapolis newspaper differently than a
Hazelwood sch...
Critical Thinking
1. Demonstrating Reasoned Judgment Should
the First Amendment protect those who publish
stolen governmen...
Critical Thinking
2. Recognizing Ideologies The Court ruled out
laws requiring the teaching of creationism, but
not the te...
Critical Thinking
3. Making Comparisons Use a graphic organizer
like the one below to compare the three tests for
limiting...
Interpreting Political Cartoons Activity

1. Whom do you think the person in the cartoon is
representing? Why?
The cartoon...
Interpreting Political Cartoons Activity

2. What is this person doing?
He is drafting the Constitution or the Bill
of Rig...
Interpreting Political Cartoons Activity

3. What do his thoughts suggest about the nature
of an individual’s constitution...
What are the three major religions
practiced in the United States today?
Christianity, Islam, and Judaism
3) Answers will vary.
2) the Civil War and the emancipation of enslaved African Americans
1) in 1833
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 var...
1) One possibility is that pretrial publicity may make it difficult to
find jurors who have not already formed an opinion....
1) number one and possibly
number four

3) number three

2) number two because it
would be on private
property
Depicting Rights and Freedoms Many events
discussed in this chapter are filled with drama. Select one
such moment to depic...
The Colonial Press Freedom of the press was an
important issue in the North American colonies. The
libel trial of John Pet...
Dick Gregory continued to work for political change
after his experience in Chicago. Perhaps his best
known comment appear...
Nondenominational means, in this context, “not
having to do with any particular group of churches
or religion.” In other w...
Picket originally was the name given to a British
soldier or group of soldiers who were set to watch
for the enemy. The Br...
Spam Ban?
Spam, or unsolicited e-mail advertising, is an issue over
which new technology and the First Amendment may come
...
Restricting Freedoms Most Americans believe that
one of the principal functions of government is to
protect the rights of ...
Students on Parade Think of a local parade in
which you would like to participate and then find out
how you would apply fo...
Law The Supreme Court decision in Abington
School District v. Schempp banned the reading of
the Lord’s Prayer and sections...
Gladiola Campos
Gladiola Campos and the other students in Union
Summer worked in some 20 communities nationwide,
focusing ...
More About Finding Supreme Court Decisions
Browse the Internet to obtain information on Supreme
Court decisions.
• U.S. Go...
To navigate within this Presentation Plus! product:
Click the Forward button to go to the next slide.
Click the Previous b...
This slide is intentionally blank.
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
LOAPUSH Court System
Upcoming SlideShare
Loading in …5
×

LOAPUSH Court System

3,717 views

Published on

Live Oak High

0 Comments
1 Like
Statistics
Notes
  • Be the first to comment

No Downloads
Views
Total views
3,717
On SlideShare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
11
Comments
0
Likes
1
Embeds 0
No embeds

No notes for slide

LOAPUSH Court System

  1. 1. Chapters 11-1,12-1,13 1-5
  2. 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
  3. 3. Powers of the Federal Courts Understanding Concepts Constitutional Interpretations How has the Supreme Court historically increased its power? Section Objective Compare the jurisdiction of federal and state courts and describe the growth of the Supreme Court.
  4. 4. By the twentieth century, the Supreme Court had become so powerful that Chief Justice Charles Evans Hughes once boasted: “We are under a Constitution, but the Constitution is what the judges say it is.” Justice Hughes served on the Court from 1930 to 1941; during that time the justices did, in fact, strike down many New Deal measures as unconstitutional.
  5. 5. I. Jurisdiction of the Courts (pages 305–307) A. The United States has a dual court system of state and federal courts. B. State courts have jurisdiction over cases involving state laws. C. Federal courts have jurisdiction over cases involving United States laws, foreign treaties, and the interpretation of the Constitution. D. In some cases, federal and state courts have concurrent jurisdiction. E. In the federal court system, trial courts are district courts that have original jurisdiction; federal courts of appeals have only appellate jurisdiction, or authority to hear cases appealed from district courts.
  6. 6. I. Jurisdiction of the Courts (pages 305–307)
  7. 7. I. Jurisdiction of the Courts (pages 305–307) Compare the jurisdictions of state courts and federal courts. State courts have jurisdiction over cases involving state laws; federal courts over federal laws.
  8. 8. II. Developing Supreme Court Power (pages 307–308) A. The Supreme Court has become the most powerful court in the world; its power developed from custom, usage, and history. B. No federal court, including the Supreme Court, may initiate action. C. Federal courts only determine cases; they never simply answer a legal question. D. Chief Justice Marshall’s ruling in Marbury v. Madison (1803) gave the Court power to review acts of Congress, or judicial review.
  9. 9. II. Developing Supreme Court Power (pages 307–308) E. Marshall broadened federal power at the expense of the states. F. Justice Taney emphasized the rights of states and those of citizens.
  10. 10. II. Developing Supreme Court Power (pages 307–308) Do you think the power of judicial review is more or less important today than it was during John Marshall’s time? Explain your reasoning. Answers will vary. Judicial review has expanded since Marshall’s time. Students may believe that judicial review is more important than ever because laws are more numerous and more complex.
  11. 11. III. Due Process and Regulatory Power (pages 308–310) A. The Supreme Court’s rulings on the Reconstruction Amendments eventually applied these amendments to economic policy. B. In Plessy v. Ferguson (1896), the Court established the “separate but equal” precedent. C. In the Granger cases (1870s), the Court held that a state had the power to regulate railroads and other private property.
  12. 12. III. Due Process and Regulatory Power (pages 308–310) D. After President Franklin D. Roosevelt’s Court-packing scheme of 1937 failed, the justices began to uphold laws regulating businesses. E. Under Chief Justice Earl Warren, the Supreme Court emerged as a major force in protecting civil rights, beginning with Brown v. Board of Education of Topeka (1954).
  13. 13. III. Due Process and Regulatory Power (pages 308–310) How do you think the course of United States history might have been changed if the Court had ruled the opposite way in Plessy v. Ferguson? Answers will vary. Perhaps integration would have happened sooner.
  14. 14. Checking for Understanding 1. Main Idea Use a graphic organizer like the one below to show how the Supreme Court extended civil liberties in the 1950s and 1960s. Effect/Cause: Brown v. Board of Education of Topeka, KS Effect: Outlawed segregation in public schools
  15. 15. Checking for Understanding Match the term with the correct definition. ___ ___ ___ ___ ___ D concurrent jurisdiction B original jurisdiction appellate jurisdiction E litigant C A due process clause A. states that no states may deprive a person of life, liberty, or property without due process of law B. the authority of a trial court to be first to hear a case C. a person engaged in a lawsuit D. authority shared by both federal and state courts E. authority held by a court to hear a case that is appealed from lower court
  16. 16. Checking for Understanding 3. Identify Marbury v. Madison, judicial review, “separate but equal” doctrine. Marbury v. Madison is the Supreme Court case that established judicial review. Judicial review is the Supreme Court’s power to review acts of Congress. The “separate but equal” doctrine evolved from the Supreme Court’s Plessy v. Ferguson which held that if facilities for both races were equal, they could be separate.
  17. 17. Checking for Understanding 4. Identify the different jurisdictions of federal and state courts. State courts have jurisdiction over state laws; federal courts over U.S. laws, treaties, the Constitution, bankruptcy, and maritime laws.
  18. 18. Checking for Understanding 5. What doctrine was established by the ruling in Plessy v. Ferguson? The “separate but equal” doctrine, which held that if facilities for both races were equal, they could be separate, was established by this ruling.
  19. 19. Critical Thinking 6. Identifying Alternatives What choice of jurisdiction would be available to a person who was being sued by a citizen of another state for damages of at least $75,000? The person being sued could choose to have the case tried in the state court or in a federal court.
  20. 20. Constitutional Interpretations Choose one of the cases discussed in Section 1 or another case that contributed to the development of the power of the Supreme Court. Research the details of the case, including the background, the ruling, and the reasons for the ruling. Write a newspaper article or tape a news broadcast announcing the effects of the ruling.
  21. 21. The Supreme Court at Work Key Terms writ of certiorari, per curiam opinion, brief, amicus curiae, majority opinion, dissenting opinion Find Out • By what route do most cases from other courts reach the Supreme Court? • What are the main steps the Supreme Court takes in deciding cases?
  22. 22. The Supreme Court at Work Understanding Concepts Political Processes Why does the Supreme Court decline to hear most of the cases brought to it? Section Objective Explain how the Supreme Court selects, hears, and decides cases.
  23. 23. For more than a month, Chief Justice John Marshall served as both chief justice of the United States and secretary of state. President John Adams appointed Marshall chief justice on January 31, 1801. Marshall, then secretary of state, held both positions until March 4, 1801.
  24. 24. I. The Court’s Procedures (page 331) A. During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions. B. The justices consider arguments in cases they have heard and petitions from plaintiffs, and then write opinions for cases they have decided. C. Justices’ written opinions interpret the law and help shape public policy.
  25. 25. I. The Court’s Procedures (page 331) The Supreme Court reviews about one percent of the cases referred to it. Does this statistic concern you? Explain. See text page 331 regarding the Court’s workload.
  26. 26. II. How Cases Reach the Court (pages 332–333) A. The majority of referred Court cases concern appeals from lower courts. B. Most appeals concern cases in which a lower state or federal court has ruled laws unconstitutional. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final. C. Most cases reach the Court by writ of certiorari, in which either side petitions that a lower court’s decision involved an error raising a serious constitutional issue.
  27. 27. II. How Cases Reach the Court (pages 332–333) D. The solicitor general is appointed by the president and represents the federal government before the Supreme Court. E. The chief justice puts worthy certiorari cases on a list for discussion; two thirds of all certiorari cases never make the list. If four of the nine justices agree, a case is accepted. F. Some cases are decided by a brief, unsigned per curiam opinion; the rest are given the Court’s full consideration.
  28. 28. II. How Cases Reach the Court (pages 332–333)
  29. 29. II. How Cases Reach the Court (pages 332–333) Why does the Supreme Court select a very small percentage of cases to review? The Court selects only very significant cases because of its limited time.
  30. 30. III. Steps in Deciding Major Cases (pages 333–335) A. Each side submits a brief detailing legal arguments, facts, and precedents. Parties not directly involved but with an interest in the case may submit amicus curiae briefs. B. Lawyers for each side make oral arguments during which justices may ask questions. C. On Wednesdays and Fridays the chief justice presides over a secret conference, in which each single case is summarized and recommendations for handling it are made.
  31. 31. III. Steps in Deciding Major Cases (pages 333–335) D. The justices spend about 30 minutes debating each case. Each justice has one vote; a majority vote is needed to decide a case. E. The justices may issue four kinds of opinions: a unanimous opinion, a majority opinion, a concurring opinion, or a dissenting opinion. F. If the chief justice votes with the majority, he or she assigns a justice in the majority to write the Court’s opinion. If not, the most senior justice with the majority assigns a justice to write the opinion.
  32. 32. III. Steps in Deciding Major Cases (pages 333–335) In what way has a Supreme Court decision affected you, your family, or your community directly? Answers will vary. Students may refer to decisions affecting schools, free speech, etc.
  33. 33. Checking for Understanding 1. Main Idea Use a graphic organizer like the one below to identify the three ways cases reach the Supreme Court. original jurisdiction, on appeal, writ of certiorari
  34. 34. Checking for Understanding Match the term with the correct definition. ___ ___ ___ ___ ___ ___ writ of certiorari D A per curiam opinion brief C amicus curiae F majority opinion E dissenting opinion B A. a brief, unsigned statement of a Supreme Court decision B. the opinion expressed by a minority of justices in a court case C. a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a case D. an order from the Supreme Court to a lower court to send up the records on a case for review E. the opinion expressed by a majority of justices in a court case F. a written brief from an individual or group claiming to have information useful to a court’s consideration
  35. 35. Checking for Understanding 3. Identify Charles Evans Hughes. Charles Evans Hughes served as chief justice of the Supreme Court and is often quoted on his defense of dissenting opinion.
  36. 36. Checking for Understanding 4. What steps does the Supreme Court take in selecting, hearing, and deciding cases? Justices discuss cases and accept those involving important constitutional questions. The Court receives briefs; listens to lawyers’ oral arguments; discusses the cases in private; votes on the cases; writes opinions; and announces its decisions.
  37. 37. Critical Thinking 5. Demonstrating Reasoned Judgment Do you believe that it is proper that the Supreme Court’s deliberations are secret and that no minutes are kept? Answers will vary. Students should cite the relationship between secrecy, judicial independence, and political or public pressure.
  38. 38. Political Processes The Supreme Court does not hear all the cases sent to it on appeal. Find out how many cases were sent to the Supreme Court in each of the past 10 years and the number of cases about which an opinion was issued. Present your information in a double bar graph.
  39. 39. 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.
  40. 40. 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?
  41. 41. 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.
  42. 42. 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.
  43. 43. 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.
  44. 44. 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.
  45. 45. 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.
  46. 46. 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.
  47. 47. 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.
  48. 48. 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.
  49. 49. 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.
  50. 50. 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.
  51. 51. 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)
  52. 52. 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.
  53. 53. 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.
  54. 54. 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?
  55. 55. 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 Objective Explain the establishment and free exercise clauses that define the First Amendment’s guarantee of religious freedom.
  56. 56. 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.
  57. 57. 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.
  58. 58. 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. 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.
  59. 59. 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.
  60. 60. 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.
  61. 61. 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.
  62. 62. 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.
  63. 63. 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.
  64. 64. 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
  65. 65. Checking for Understanding Match the term with the correct definition. ___ ___ ___ ___ ___ ___ F establishment clause free exercise clause C parochial school B secular E abridge A precedent D 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”
  66. 66. 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.
  67. 67. 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.”
  68. 68. 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.
  69. 69. 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.
  70. 70. 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?
  71. 71. Freedom of Speech Understanding Concepts Civil Liberties What is the intent of the preferred position doctrine? Section Objective Explain how the First Amendment protects diversity of opinion in the United States.
  72. 72. 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.
  73. 73. 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.
  74. 74. 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.
  75. 75. 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.
  76. 76. 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.
  77. 77. 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.
  78. 78. 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.
  79. 79. 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.
  80. 80. 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.
  81. 81. 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
  82. 82. Checking for Understanding Match the term with the correct definition. ___ ___ ___ ___ ___ ___ E pure speech A symbolic speech C seditious speech defamatory speech F slander B libel D 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
  83. 83. Checking for Understanding 3. Identify “clear and present danger.” 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.
  84. 84. Checking for Understanding 4. What three tests does the Supreme Court use to set limits on free speech? 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
  85. 85. Checking for Understanding 5. What types of speech does the First Amendment not protect? The First Amendment does not protect seditious speech, defamatory speech, “fighting words,” and certain types of student speech.
  86. 86. Critical Thinking 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. Speech considered seditious during war [Schenck (1919) and O’Brien (1968)] was protected in peacetime [Yates (1957) and Brandenburg (1969)].
  87. 87. 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.
  88. 88. Freedom of the Press Key Terms prior restraint, sequester, gag order, shield laws Find Out • What is the Supreme Court’s opinion on prior restraint? • How has the Supreme Court ruled when the presence of the media could affect a court trial?
  89. 89. 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 Objective Analyze First Amendment protections for the sharing of information and opinions.
  90. 90. 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.
  91. 91. I. Prior Restraint Forbidden (pages 371–372) A. Prior restraint, or censorship in advance, is permissible only in cases directly related to national security. 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.
  92. 92. I. Prior Restraint Forbidden (pages 371–372) 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.
  93. 93. II. Fair Trials and Free Press (pages 372–374) A. The First Amendment rights of a free press sometimes conflict with the Sixth Amendment’s guarantee of a fair trial. 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.
  94. 94. II. Fair Trials and Free Press (pages 372–374) 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.
  95. 95. 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.
  96. 96. III. Free Press Issues (pages 374–375) A. The Founders viewed the press strictly as printed material; electronic media had not yet been invented. 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.
  97. 97. III. Free Press Issues (pages 374–375) 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.
  98. 98. 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.
  99. 99. Checking for Understanding 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. issue at stake: freedom of speech safeguards on other media, such as the Internet; Court’s ruling: speech on the Internet is constitutionally protected
  100. 100. Checking for Understanding Match the term with the correct definition. ___ D prior restraint ___ C sequester ___ A gag order ___ B 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
  101. 101. Checking for Understanding 3. Identify Federal Communications Commission. The Federal Communications Commission is a government agency that regulates the actions of radio and broadcast television.
  102. 102. Checking for Understanding 4. When can the government exercise prior restraint on the press? They can exercise prior restraint only in those cases relating directly to national security.
  103. 103. Checking for Understanding 5. What measures may a court take to restrain press coverage in the interest of a fair trial? 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.
  104. 104. Critical Thinking 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. 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.
  105. 105. 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.
  106. 106. Freedom of Assembly Key Terms picketing, Holocaust, heckler’s veto Find Out • What are the limits on public assembly? • What constitutional protections are applied to demonstrations by unpopular groups, or to those who might incite violence?
  107. 107. 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.
  108. 108. 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.
  109. 109. I. Protecting Freedom of Assembly (pages 376–378) A. Freedom of assembly is a right closely related to freedom of speech. 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.
  110. 110. I. Protecting Freedom of Assembly (pages 376–378) 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.
  111. 111. 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.
  112. 112. II. Public Assembly and Disorder (pages 378–380) A. When people assemble to advocate unpopular causes, police may have difficulty protecting them from violence and disorder. 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.
  113. 113. 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.
  114. 114. III. Protection for Labor Picketing (pages 380–382) A. Labor picketing is different from other demonstrations; it seeks to persuade customers not to deal with a business whose workers are on strike. 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.
  115. 115. 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.
  116. 116. IV.Freedom of Association (page 382) A. The right of free assembly includes the right of free association, including joining a political party, interest group, or other organization. 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.
  117. 117. 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.”
  118. 118. Checking for Understanding 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. 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.
  119. 119. Checking for Understanding 2. Define picketing, Holocaust, heckler's veto. 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.
  120. 120. Checking for Understanding 3. Identify clear and present danger doctrine. 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.
  121. 121. Checking for Understanding 4. What two principles were established by the DeJonge decision? 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.
  122. 122. Critical Thinking 5. Checking Consistency Should more restrictions apply if a parade supports an unpopular cause? Support your answer. Answers may vary but should balance the rights of assembly with the potential for violence.
  123. 123. 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.
  124. 124. Reviewing Key Terms From the following list, choose the term that fits each situation described. A. shield laws B. pure speech C. prior restraint D. libel ___ E C H D E. heckler’s veto F. seditious speech G. picketing H. symbolic speech 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.
  125. 125. Reviewing Key Terms From the following list, choose the term that fits each situation described. A. shield laws B. pure speech C. prior restraint D. libel ___ G F B A E. heckler’s veto F. seditious speech G. picketing H. symbolic speech 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.
  126. 126. Recalling Facts 1. List four freedoms the First Amendment protects. 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.
  127. 127. Recalling Facts 3. Identify kinds of speech the First Amendment protects and kinds it does not protect. 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.
  128. 128. Recalling Facts 5. Why may government require that groups first obtain permits to parade or demonstrate? Permits are required so that authorities can make arrangements for the public’s welfare, safety, and protection.
  129. 129. Understanding Concepts 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? 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.
  130. 130. Understanding Concepts 2. Civil Liberties Why did the court treat a Minneapolis newspaper differently than a Hazelwood school newspaper? 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.
  131. 131. Critical Thinking 1. Demonstrating Reasoned Judgment Should the First Amendment protect those who publish stolen government documents? Explain. 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.
  132. 132. Critical Thinking 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. 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?
  133. 133. Critical Thinking 3. Making Comparisons Use a graphic organizer like the one below to compare the three tests for limiting seditious speech. relaxes limits: preferred position; sets standard: clear and present danger; toughens limits: bad tendency.
  134. 134. Interpreting Political Cartoons Activity 1. Whom do you think the person in the cartoon is representing? Why? The cartoon is representing the Framers of the Constitution, because his clothing, hairstyle, and writing materials suggest the time when the Constitution was written.
  135. 135. Interpreting Political Cartoons Activity 2. What is this person doing? He is drafting the Constitution or the Bill of Rights.
  136. 136. Interpreting Political Cartoons Activity 3. What do his thoughts suggest about the nature of an individual’s constitutional rights? They suggest how the nation’s Founders had to create a balance between freedom and rights and the limits to them.
  137. 137. What are the three major religions practiced in the United States today? Christianity, Islam, and Judaism
  138. 138. 3) Answers will vary. 2) the Civil War and the emancipation of enslaved African Americans 1) in 1833
  139. 139. 1) less than one-fourth 2) 2.8% 3) Answers will vary.
  140. 140. 1) Congress passed the Flag Protection Act of 1989. 2) It is considered to be a legal symbolic speech. 3) Answers will vary.
  141. 141. 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.
  142. 142. 1) number one and possibly number four 3) number three 2) number two because it would be on private property
  143. 143. 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.
  144. 144. 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.
  145. 145. 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.”
  146. 146. 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.
  147. 147. 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.
  148. 148. Spam Ban? 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.
  149. 149. 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.”
  150. 150. 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.
  151. 151. 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.”
  152. 152. Gladiola Campos 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.
  153. 153. 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/
  154. 154. To navigate within this Presentation Plus! product: Click the Forward button to go to the next slide. Click the Previous button to return to the previous slide. Click the Section Back button return to the beginning of the section you are in. Click the Menu button to return to the Chapter Menu. Click the Help button to access this screen. Click the Audio On button where it appears to listen to relevant audio. Click the Audio Off button to stop any playing audio. Click the Exit button to end the slide show. You also may press the Escape key [Esc] to exit the slide show. Presentation Plus! features such as the Reference Atlas, Government Online, and others are located in the left margin of most screens. Click on any of these buttons to access a specific feature.
  155. 155. This slide is intentionally blank.

×