Chapter 7: Constitutional Freedoms

Constitutional Rights (start on p354)
1. B____ of R______ – first ___ amendments to the Constitution; protect civil liberties
– basic individual freedoms that are protected against government abuse.
a. Protection from congressional, state, and local threats to basic r______.
b. Not part of the original Constitution since each s____ constitutions contained
a bill of rights, but s_____ leaders were suspicious of the new C__________.
c.
Introduced by James M_______ in 1791 and the Constitution was amended.
2. ___ Amendment – defined c____________ (person born or naturalized in the U.S.)
and said life, liberty, and property cannot be deprived without d___ p________ of
l____ – gave us civil rights – rights of fair and equal status and treatment and the
right to participate in government; Supreme Court has ruled that the Bill of Rights
applies to the s______ and l______ governments.
th
3. Importance of Incorporation: i______________ – Bill of Rights extended to the states
and local governments; citizens can pursue claims to the Supreme Court.

Freedom of Religion
1. Establishment Clause: first clause is the e____________ clause – Congress cannot
establish an official religion second clause is the f____ e________ clause – prohibits
government from unduly i___________ with the practice of one’s religion.
a. Religion in Public Life: (1) most officials take their o____ in the name of God;
(2) “In God We Trust” is on our m_____; (3) “one nation under God” is in our
p_____; (4) most public meetings, Congress sessions, and state legislatures
begin with p______; (5) c_________ serve each branch of the armed forces;
(6) c_______ property and contributions to religious groups are t___-exempt.
b. Parochial Schools: In Everson v. Board of Education the Supreme Court
ruled that b______ students to religious schools was constitutional since it
benefited students, not aiding a religion; state programs can fund secular
(non-religious) t_________ to parochial schools; Lemon v. Kurtzman ruled
that aid has to be s_______, can’t a______ or i____ religion, and must avoid
gov’t entanglement with religion; Engel v. Vitale outlawed school p_______.
c.
Other School Prayer Cases: Abington School District v. Schempp banned
school sponsored B_____ reading and reciting the L_____ P______ in public
schools; 1985 ruling said moments of s________ have to be secular; a 1992
ruling prohibits c______-led prayers at g_____________; a 2000 ruling said
students can’t lead s_______ c______ in prayer before football games.
d. Equal Access Act: allows public high schools receiving federal funds to permit student r________ groups to hold meetings in the school; Court upheld.
e. Teaching the Theory of Evolution: laws can’t require teach Creation and can’t
deny teaching e__________ (both would be religious based); can teach both.
2. Free Exercise Clause: belief is absolute; practice of religion can be limited.
a. Religious Practice May Be Limited: in Reynolds v. United States the Court
ruled against p_________ (Reynolds was a Mormon and had 2 wives) ruling
that people are not free to worship in ways that violate laws protecting h____,
s______, or m______ of the community; ruled in 1905 schools could require
v__________; 1990 upheld the firing of a worker who used drugs as part of a
religious ceremony; Amish don’t have to send kids to school after 8th grade.
b. Flag Salute Case: at first ruled (Minersville School District v. Gobitis) that
schools could require students to say the p_______; reversed the precedent;
students cannot be forced to say the pledge if it’s for r__________ reasons.

Freedom of Speech
1. Types of Speech: (1) pure speech is v______ expression of t_______ and
o________ before an audience that has chosen to listen; (2) symbolic speech
involves using a________ and s_________.
2. Regulating Speech: outlawed seditious speech, any speech urging r____________
to lawful a__________ or advocating the overthrow of the g_____________.
a. Clear and Present Danger – when speech presents an immediate d______;
ruled in Schenck v. United States; like yelling “f____” in a crowded theater.
b. Bad Tendency Doctrine – restricts speech that could lead to i_____ action.
c.
Sedition Laws – defined in the Yates Decision (s_______ that government
should be overthrown is legal and different than u_______ people to do so)
and the B______________ Decision (hate speech is legal unless intended
to advocate immediate and concrete acts of violence).
3. Other Speech Not Protected: defamatory and “fighting words” are unprotected.
a. Defamatory speech is false speech that damages a person’s c__________
or r___________ (slander is s_______, libel is w_________).
b. “F_________ Words” – words so insulting that they provoke immediate
v_____ do not constitute free speech; racial slurs, threats are two examples.
c.

Student speech: in Tinker v. Des Moines the Court ruled students could wear
black armbands to protest the war; students can be suspended for l_____ or
i_________ speech (Bethel); speech in school newspapers can be limited.
Freedom of the Press
1. Prior Restraint Forbidden: prior restraint, c___________ of information before it is
published) can’t be done by the government ruled in 1931 in Near v. Minnesota; in
New York Times Co. v. United States ruled that government could keep documents
from being printed only for national security (P_________ P______ were information
leaked to the New York Times that officials for years lied to America about V______).
2. Fair Trials and Free Press: conflicts over press coverage of a trial.
a. In Sheppard v. Maxwell the Court described several measures to ensure a
fair trial in regards to press coverage: (1) judge can m____ a trial to reduce
p________, (2) limit the number of courtroom r_________, (3) place controls
on reporters’ c_______, (4) isolate j______ and w_________ from the press,
and (5) have the jury sequestered, or kept i________ till the t_____ is over.
b. A g____ o______ is ordered by a judge barring the press from publishing
certain information; unconstitutional if too vague and violates free press; trials
must be open to p_______; coverage can be limited.
3. Free Press Issues: today the press is more than just newspapers, magazines, and
pamphlets; r_____ and T__ are regulated by the _____ (Federal Communications
Commission); less restrictions for cable TV and satellite radio; movie industry
regulates itself; Internet speech is on the same level as other first amendment
decisions; o__________ not protected (Miller v. California); advertising is
considered “commercial speech,” or speech with a p_____ m______ and have strong
r____________.

Freedom of Assembly
1. Protecting Freedom of Assembly: allows political p______ and i_______ groups to
exist; all groups are allowed to meet as long as not committing acts of v_________;
includes right to have p________ and to d__________ (often need permits from local
government for public order and safety); unions allowed p__________ (patrolling an
establishment to convince w________ and the p_______ not to enter it); debates on
buffer zones for protesting at a place in conflict with the protesters.
2. Public Assembly and Disorder: h________ veto is a free speech and assembly issue
of groups that may lead to violence by demonstrating; Court most recently ruled that
as long as unpopular demonstrations are p________, they are within the first amendment and if an angry crowd gets violent, then those in the opposing crowd are guilty.
3. Protection of Labor Picketing: is an issue of free speech and whether or not there’s a
violation since often tries to persuade customers not to deal with a certain business;
there are some limits to unions picketing, but it is legal.

Rights of the Accused (skip to p436)
1. Searches and Seizures: 4th amendment guarantees “the right of the people to be
secure in their p_______, h______, p_____, and e______ against unreasonable
searches and seizures;” police must have p______ cause or a search w_______.
a. Special Situations: no need for a warrant when (1) police s____ person
b_______ the law, (2) illegal evidence can be seized when police are making
an arrest (like a t______ stop), (3) items set out for g________, (4) d_____
tests for workers are legal if to protect public s_______.
b. E______________ rule – any i________ o_________ e_________ cannot
be used in court (Mapp v. Ohio extended this protection to the states); if
police act in g____ f_____, evidence can be used even if the warrant is
defective; illegally obtained evidence can be used if the prosecutor can prove
the e_________ eventually would’ve been discovered l_______; police with
a warrant can search a home even if the owners aren’t at home; police can
search automobiles and containers inside if have probable cause.
c.
High Schools and Search and Seizure: no warrant needed to search
s_______ or their p________ (New Jersey v. T.L.O); schools can do random
d_____ tests on students in extracurricular activities.
d. W________: same rules as searches and seizures (overturned Olmstead v.
United States); Patriot Act allows FBI wiretaps if purpose is to stop terrorism.
2. Guarantee of Counsel: 6th amendment guarantees right to counsel, an a__________,
as well as a speedy and public trial with an impartial jury (Gideon v. Wainwright).
3. Self-incrimination: 5th amendment protects against self-i____________ (people can’t
be forced to testify against self); right to remain s_______ from Escobedo v. Illinois
and r______ have to be read to a person when arrested from Miranda v. Arizona.
4. Double Jeopardy: 5th amendment also says no d______ j________, or that a person
may not be tried t______ for the same crime, keeping from continual harassment.
5. Cruel and Unusual Punishment: forbidden in 8th amendment (no excessive bails or
fines, no cruel or unusual punishment); death penalty outlawed in 1972 (F_______ v.
Georgia); later ruled it was constitutional under right conditions (G_____ v. Georgia).
YOU MUST KNOW THE 10 AMENDMENTS TO THE BILL OF RIGHTS. LIST ON THE BACK.