FREEDOMS GUARANTEED IN THE CONSTITUTION UNIT II Constitution

FREEDOMS GUARANTEED IN THE CONSTITUTION UNIT II – Constitution and Rights

DISCUSSION QUESTIONS � What is a right? � What is a freedom? � Are all rights guaranteed to you also considered to be freedoms?

WHAT FREEDOMS DO YOU HAVE?

1 ST AMENDMENT � “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. ” � Who is Congress? � What does the term “abridging” refer to in this text? � What does the phrase “redress of grievances” refer to in this text? � What are the 5 freedoms given in the 1 st Amendment?

FREEDOM OF RELIGION � 2 important clauses (statements) �Establishment Clause – government cannot establish an official religion that everyone has to follow �Free Exercise Clause – government cannot prohibit your practicing of the religion of your choice

FREEDOM OF ASSEMBLY � What is an assembly? �A group of people gathered together for a common purpose � Government cannot prohibit the right of the people to PEACABLY assemble

FREEDOM OF PETITION � What is a petition? �a formal written request, typically one signed by many people, given to a person of authority for a particular cause � Government cannot prohibit individuals from petitioning their grievances

FREEDOM OF PRESS � What is press? �The publication of information through the media – newspapers, magazines, TV, etc. � Government cannot prohibit individuals publishing information, including their opinions and beliefs

FREEDOM OF SPEECH � What is speech? �The expression of one’s thoughts or feelings � What forms does speech come in? �Vocal �Symbolic – art, clothing, actions � Government cannot make a law that completely takes away your freedom of expression

2 ND AMENDMENT � “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. ” � What is a militia? � What does it mean when it states “to keep and bear Arms? ” � What does the term “infringed” mean? � Why does it say this right is necessary?

TRICKS (make a separate sheet for all tricks) 1 ST AMENDMENT 2 ND AMENDMENT �R � You – religion � A – assembly � P – petition � P – press � S - speech have 2 arms

IMPORTANT ST 1 AMENDMENT COURT CASES

ENGEL V. VITAL 1962 ISSUE Students were being led in prayer at school by teachers/administrators � Is asking students to take part in prayer as a group a violation of freedom of religion? � OUTCOME Yes – it was a violation � Students cannot be asked by teachers/ administrators to pray publically �

TINKER V. DES MOINES 1969 ISSUE Sister and brother wore black arm bands to school to protest Vietnam War and were suspended � Was the suspension and suppression of the students’ views a violation of the 1 st Amendment’s freedom of speech? � OUTCOME Yes – it was a violation � Freedom of speech includes symbolic speech and is protected for students �

WALLACE V. JAFFREE 1985 ISSUE Parent was upset about the moment of silence meant for prayer at his children’s school � Is having a moment of silence a violation of freedom of religion? � OUTCOME Yes – it was a violation � Moments of silence with a religious undertone put undue pressure on others to pray �

TEXAS V. JOHNSON 1989 ISSUE OUTCOME Man in Texas was � No – it was not a arrested for burning a violation U. S. flag in protest of the � Burning the U. S. flag is Reagan administration considered to be a form � Was the arrest of the of symbolic speech and man a violation of his is allowed freedom of speech? �