- Slides: 10
Unit 3: Civil Liberties & Civil Rights Lecture & Discussion 1: Civil Liberties & Due Process
Enduring Understanding Provisions in the U. S. Constitution’s Bill of Rights are continually interpreted to balance the power of government and individual civil liberties.
Objective(s) To identify the specific freedoms listed in the Bill of Rights and explain how the U. S. Constitution protects individual liberties.
Do Now Read the Bill of Rights. As you read, annotate the text by circling unfamiliar terms, highlighting specific freedoms, and writing notes in the margin. Then, summarize each amendment below. 1. 2. 3. 6. 7. 8. 4. 5. 9. 10.
A. Constitutional Rights 1. civil liberties: basic freedoms that cannot be infringed upon by the government 2. Bill of Rights: first ten amendments to the U. S. Constitution that protect individual liberties (e. g. rights of conscience, due process, criminal proceedings) 3. the Supreme Court hears cases and interprets the application of provisions in the Bill of Rights
B. Cases to Know Amendment 1 (Freedom of Religion) Engel v. Vitale (1962) • the Court ruled that school sponsorship of religious activities violated the Establishment Clause in the First Amendment • the policy breached the constitutional wall of “separation of church and state” • the Court ruled that compelling Amish students Wisconsin to attend high school violated the Free Exercise v. Clause of the First Amendment Yoder (1972) • the individual liberty to worship freely outweighed the State’s interest in compulsory education
B. Cases to Know Amendment 1 (Freedom of Speech) Schenk v. U. S. (1919) • the Court ruled that speech creating a “clear and present danger” was not protected by the First Amendment (e. g. “Fire! in a crowded theater) • demonstrates how individual freedoms are sometimes sacrificed to preserve social order • the Court ruled that the school officials had Tinker violated the students’ right to symbolic speech v. protected by the First Amendment Des Moines • the position that students do not “shed their (1969) constitutional rights…at the schoolhouse gate” (must “materially or substantially disrupt school”)
B. Cases to Know Amendment 1 (Freedom of the Press) • the Court ruled in favor of the paper, establishing NY Times the “actual malice” standard in cases of v. defamation or libel Sullivan • the target of the statement must show that it (1963) was made “with knowledge it was false or with reckless disregard for the truth” NY Times v. U. S. (1971) • the Court ruled that the government violated the newspaper’s freedom of the press protected by the First Amendment • established a heavy presumption against “prior restraint, ” even in cases involving national security (Pentagon Papers)
Directions: 1. Register at www. thinglink. com 2. Join the group. 3. Find a political cartoon related to the freedom of religion, speech or the press. 4. Create a Thing. Link.