Chapter 13 Honors Constitutional Freedoms Constitutional Rights Chapter

Chapter 13 Honors Constitutional Freedoms

Constitutional Rights Chapter 13 Section 1

Human Rights • All Americans have basic rights. • The belief in human rights, or fundamental freedoms, lies at the heart of the United States. • The Constitution guarantees the rights of United States citizens. Chapter 13 Section 1

The Bill of Rights • It guarantees that government cannot abuse the rights of individuals. Its incorporation protects individuals from all levels of government in the United States. • The Bill of Rights was originally intended as a protection against the actions of the federal government. A process called incorporation extended the Bill of Rights to all levels of government. Chapter 13 Section 1

The Fourteenth Amendment • Its passage expands the meaning of citizenship; a person born or naturalized in the United States is a citizen of the nation and of his or her state of residence. • Its passage laid the groundwork for making individuals rights national. • Its passage interprets the words due process to apply the guarantees of the Bill of Rights to state and local governments. The Supreme Court has also interpreted the words due process to include other protections that the Bill of Rights guarantees: o Protection from unreasonable search and seizure o The right of the accused to have a lawyer o Protection from cruel and unusual punishment Chapter 13 Section 1

Gitlow v. New York The Supreme Court’s verdict declared freedom of speech a basic right and liberty that no state government may deny any person. This means that citizens who believe that a state or local authority has denied them their rights may take their cases all the way to the United States Supreme Court. Chapter 13 Section 1

LEQs How did the Supreme Court extend many rights mentioned in the first 10 amendments to the Constitution? • Through interpretation of the Fourteenth Amendment and by incorporating most of the first 10 amendments in its rulings on landmark cases. Chapter 13 Section 1 Why is the Constitution of the United States considered to be a living document? • Through amendments and interpretation, the Constitution changes along with society.

Freedom of Religion Chapter 13 Section 2

Religion has always been and is today a significant aspect of American life. Establishment Clause • States that “Congress shall make no law respecting an establishment of religion. ” Chapter 13 Section 2 Free Exercise Clause • Prohibits government from unduly interfering with the free exercise of religion.

Everson v Board of Education • This case involved a challenge to a New Jersey law allowing the state to pay for busing students to parochial school, schools operated by a church or religions group. • The court ruled, however, that the New Jersey law was constitutional. • In making the decision, the Court determined that the law benefited students rather than aided a religion directly. Chapter 13 Section 2

State Aid to Parochial Schools • 1968 in the cause of Board of Education v Allen, the Court upheld state programs to provide secular, or nonreligious, textbooks to parochial schools. • Wolman v Walter (1977) banned parochial schools bus transportation for field trips. • Since the 1971 case of Lemon v Kurtzman the Court has used a three-part test to decide whether such aid violates the establishment clause. To be constitutional, state aid to church schools must: o Have a clear secular, nonreligious purpose o In its main effect neither advance nor inhibit religion o Avoid “excessive government entanglement with religion” Chapter 13 Section 2

State Aid to Parochial Schools cont. • Levitt v Committee for Public Education (1973) the Court voided a New York plan to help pay for parochial schools developing teacher prepared testing programs. • In Committee for Public Education v Regan (1980) the Court permitted New York State to pay parochial schools to administer and grade state tests. • In Mueller v Allen (1983) the Court upheld a Minnesota law allowing parents to deduct tuition, textbooks, and transportation to and from school from their state income tax. • Mitchell v Helms (2000) the Court ruled that taxpayers funds could be used to provide religious schools with computers, library books, projectors, televisions, and similar equipment as long as they are not used for religious purposes. • The Court ruled in Kiryas Joel v Grumet (1994) that New York State could not create a public school district solely for the benefit of a community of Hasidic Jews. Chapter 13 Section 2

Release Time for Students • The Court first dealt with the question of can public schools release students from school to attended classes in religious instruction in the case of Mc. Collum v Board of Education (1948). This case ruled that public schools cannot provide school classrooms for teaching religion. • In Zorach v Clauson, however, the Court accepted a New York City program that allowed religious instruction during the school day but away from the public schools. Chapter 13 Section 2

Landmark Cases • In 1962 and 1963 the Court handed down three controversial decisions affecting prayer and Bible reading in public schools. o Engel v Vitale stated that prayer in public schools was unconstitutional. o Abrington School District v Schempp and Murrary v Curlett ruled that schools cannot require Bible reading or reciting the Lord’s Prayer. o In Santa Fe Independent School District v Doe, the Supreme Court ruled that public school districts cannot let students lead stadium crowds in prayer before football games. Chapter 13 Section 2

Equal Access Act • An exception to the Court’s imposed limits on prayer in public schools is the Equal Access Act. The Act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school. Chapter 13 Section 2

Teaching the Theory of Evolution • In Epperson v Arkansas ruled that states cannot ban teaching of evolution in public schools. • However, in Edwards v Aguillard the court ruled that a law requiring the teaching of creationism violated the establishment clause because its primary purpose was “to endorse a particular religious doctrine. ” Chapter 13 Section 2

The Free Exercise Clause • In Jacobson v Massachusetts (1905) the Court upheld compulsory vaccination law for students, even though some religions prohibit it. • Wisconsin v Yoder (1972), the court decided that the state could not require Amish parents to send their children to public schools beyond the eight grade. Chapter 13 Section 2

The Flag Salute Cases • In Minersville School District v Gobitis (1940) ruled that schools can require students to salute the flag. • However, in 1943 the Court concluded that patriotism could be achieved without forcing people to violate their religious beliefs. • The flag salute cases illustrate how the Supreme Court can change its interpretation of the Constitution. The Court usually follows precedent, decisions made on the same issue in earlier cases. Chapter 13 Section 2

Religious Freedom Restoration Act • Congress can set aside state laws that prohibit people from performing their religious rituals. Chapter 13 Section 2

LEQs: • What is the difference between the establishment clause and the free exercise clause of the First Amendment? • The establishment clause prohibits the government from establishing a statesupported religion. The free exercise clause prohibits the government from unduly interfering with the free practice of religion. Chapter 13 Section 2 • Why did the Court allow state-supported bus transportation for parochial schools but ban their use for field trips? • Use of transportation to and from school did not serve a primarily religious purpose. Its use for field trips might serve a religious purpose.

Freedom of Speech Chapter 13 Section 3

Types of Speech Pure Speech Symbolic Speech • Verbal expression of thought and opinion before an audience that has chosen to listen. • Delivered calmly at home or passionately in front of a crowd. • Uses actions or symbols for expression. • May accompany words or be used alone. • Assumes an audience, silent or vocal in response. Both express an opinion; “speak” to an audience; attempt to evoke a response. Chapter 13 Section 3

Regulating Speech • Because the rights of free speech must be balanced against the need to protect society, some restraints on speech exist. • Congress and state legislatures, for example, have outlawed seditious speech-any speech urging resistance to lawful authority or advocating the overthrow of the government. Chapter 13 Section 3

Clear and Present Danger • When the speech in question clearly presents an immediate danger, the First Amendment does not protect it. • In a conflict between free expression and the demands of public safety occurs, the judge frequently rely on the “clear and present danger” rule. Chapter 13 Section 3

The Bad Tendency Doctrine • In the case of Gitlow v New York (1925), the Court held speech could be restricted even if it had only a tendency to lead to illegal action. • This established the bad tendency doctrine, which has not generally had the support of the Supreme Court. Chapter 13 Section 3

The Preferred Position Doctrine • The preferred position doctrine holds the First Amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties. • Thus, the 1 st Amendment freedoms hold a preferred position over competing interests. Any law limiting these freedoms should be presumed unconstitutional unless the government can show it is absolutely necessary. • In Brandenburg v Ohio, A KKK leader was arrested at a rally and cross-burning when he refused to end the rally. The Court freed him, however, stating that advocating the use of force can’t be forbidden unless it is directed to inciting or producing imminent lawless action and is likely to produce such action. Chapter 13 Section 3

Defamatory Speech • The 1 st Amendment does NOT protect defamatory speech, or false speech that damages a person’s good name, character, or reputation. • Defamatory speech falls into two categories: o Slander – spoken o Libel – written • In New York Times Co. v Sullivan (1964) the court decided that even if a newspaper story about an Alabama police commissioner was false, it was protected speech unless the statement was made with the knowledge that it was false, or with reckless regard of whether it was false or not. Chapter 13 Section 3

“Fighting Words” • In 1942 the Supreme Court ruled that words that are so insulting that they provoke immediate violence do NOT constitute protected speech. • In Chaplinsky v New Hampshire (1942), the court ruled that lewd and obscene, profane, libelous, and insulting words, which inflict injury and provoke a breach of the peace, are contrary to good order in society and are therefore NOT protected by the 1 st Amendment. Chapter 13 Section 3

Student Speech • Student speech is NOT protected under the 1 st Amendment. • In Bethel School District v Fraser, the court ruled that the 1 st Amendment does NOT prevent school officials from suspending students for lewd or indecent speech at school events, although the same speech would be protected outside the school building. • The Court has held that school officials can decide “what manner of speech in the classroom or in school assembly is appropriate. ” Chapter 13 Section 3

LEQs: • How has the Supreme Court applied the principles of “clear and present danger” and the bad tendency doctrine in determining free speech? • The Court ruled that when speech clearly presents an immediate danger, the First Amendment does not protect it. Another ruling established that speech could be limited if it had a tendency to lead to illegal action. Chapter 13 Section 3 • What speech is protected by the First Amendment, and what speech is not protected? • Pure and symbolic speech are protected unless they can be proven to be seditious, defamatory, or meant to provoke violence. Limited student speech is protected.

Freedom of the Press Chapter 13 Section 4

Prior Restraint • In New York Times v United States the Court ruled that suppressing the Pentagon Papers in the press was prior restraint. Justice Hugo Black said, “ The Press [is] to serve the governed and not the governors…. ” Chapter 13 Section 4

Fair Trials and Free Press • In Sheppard v Maxwell the Court ruled that press coverage of the pretrial and trial interfered with Sheppard’s right to a fair trial. • Sheppard was later found innocent. Chapter 13 Section 4

Gag Orders • Gag orders were judges’ orders barring the press from publishing certain types of information about a pending court case. • In Nebraska Press Association v Stuart the court ruled that the gag order was too vague to satisfy the 1 st Amendment. Chapter 13 Section 4

Protecting News Sources • In 1972 the Court ruled that reporters had no 1 st Amendment right to refuse to testify or to withhold information about their sources. • However, it permitted the states to make special exemptions, and 30 states have enacted shield laws to protect reporters. Chapter 13 Section 4

Motion Pictures • In Burstyn v Wilson the Court held that liberty of expression in motion pictures is guaranteed by the 1 st and 14 th Amendment protection. Chapter 13 Section 4

Radio and Television • Radio and broadcast television are regulated by FCC which requires stations to observe certain programming standards. • In Turner Broadcasting System v FCC, the Court ruled that cable television should have more 1 st Amendment protection from government regulation than other broadcasters, but not as much as the publishers of newspapers and magazines. • Satellites have not yet been regulated. Chapter 13 Section 4

E-Mail and the Internet • In Reno v American Civil Liberties Union the Court held that speech on the Internet was entitled to 1 st Amendment protection. Chapter 13 Section 4

Advertising • Until the 1970 s advertising was regulated by the government because it was considered “commercial speech. ” • In Bigelow v Virginia, however, the justices permitted ads for abortion clinics. • Since then, the Court has voided laws regulating advertising. Chapter 13 Section 4

Obscenity • In Miller v California, the Court was unable to define obscenity and ruled that local communities should set their own standards. Chapter 13 Section 4

LEQs: • What is the Supreme Court’s opinion on prior restraint? • Information can be censored before its publication only in cases relating directly to national security. Chapter 13 Section 4 • How has the Supreme Court ruled when the presence of the media could affect a court trial? • Judges can restrict press coverage to ensure a fair trial, limiting the number of reporters in the courtroom and sequestering the jury.

Freedom of Assembly Chapter 13 Section 5

Public Property • Examples: parks, streets, sidewalks • Protections: People have the right to parade or demonstrate in public. • Limitations: Permits may be required. Chapter 13 Section 5

Public Property NOT Open to the Public • Examples: jail, school, courthouse • Protections: Restrictions must be precisely worded and apply equally to all. • Limitations: Demonstrations must not interfere with the lawful use for which the facility was intended. Chapter 13 Section 5

Private Property Open to the Public • Examples: shopping mall, abortion clinics. • Protections: Demonstrations may be held outside a facility in most cases. • Limitations: Demonstrators cannot convert private property to their own use. Chapter 13 Section 5

Issues in Public Assembly Issues: Public Disorder How much should authorities protect demonstrations of unpopular groups? Picketing How much protection does the Constitution give striking workers? Freedom of Association Does the First Amendment protect an individual’s right to join an organization that the government considers subversive? Chapter 13 Section 5

LEQs: • What are the limits on public assembly? • Groups must obtain a permit; people may not violate the intended use of the property, take over private property for their own use, clash with the rights of others, or endanger public safety. Chapter 13 Section 5 • What constitutional protections are applied to demonstrations by unpopular groups, or to those who might incite violence? • The police may disperse a demonstration only to preserve peace.