Chapter 13Honors
Constitutional Freedoms
Constitutional Rights
Chapter 13 Section 1
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?
Why is the Constitution of the
United States considered to be
a living document?
• Through interpretation
of the Fourteenth
Amendment and by
incorporating most of
the first 10
amendments in its
rulings on landmark
cases.
• Through amendments
and interpretation, the
Constitution changes
along with society.
Chapter 13 Section 1
Freedom of Religion
Chapter 13 Section 2
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
McCollum 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
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 1st 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 1st 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 1st Amendment.
Chapter 13 Section 3
Student Speech
• Student speech is NOT protected under the 1st
Amendment.
• In Bethel School District v Fraser, the court ruled that
the 1st 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
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 1st Amendment.
Chapter 13 Section 4
Protecting News Sources
• In 1972 the Court ruled that reporters had no 1st
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
1st and 14th 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 1st
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 1st
Amendment protection.
Chapter 13 Section 4
Advertising
• Until the 1970s 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
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.