Unit 4: Civil Liberties:
First Amendment
Freedoms
DAY 1
Civil Liberties
vs.
Civil Rights
•
•
•
•
Key Vocabulary
Bill of Rights, civil liberties, civil
rights, alien, Due Process Clause
(14th Amendment), Sheppard
Case, 9th Amendment
Establishment Clause, parochial,
Free Exercise Clause
libel, slander, sedition, seditious
speech, prior restraint, shield
law, symbolic speech, picketing
assemble, content neutral, right
of association
Extra Credit
 Make
20 flash cards (using index
cards) with the vocabulary word on
one side and the definition on the
other for key vocabulary, concepts,
and ideas throughout this unit.
The Unalienable Rights
• How is the US
government (and the
Constitution)
committed to freedom?
–civil liberties—
protections against
government
–civil rights—positive
acts of government
How is the government limited to ensure
freedoms?
–All people have the right to do what they
please if they do not infringe on the rights of
others
• Example of Conflict: freedom of the press vs.
freedom of a fair trial (Sheppard Case)
–All “persons” (even aliens—not citizens of the
country in which they reside) have certain
rights under the Constitution
DISCUSSION: Should the US gov’t protect the
rights of illegal aliens in the US?
Write one paragraph explaining…
• The obvious conflict in the
Sheppard case was
freedom of the press vs.
freedom of a fair trial.
What role did the
media play in the
wrongful conviction
of Sheppard?
Federalism and Individual Rights
• Bill of Rights was meant to limit the power of the
National Gov’t (does not restrict the state gov’s)
– 14th Amendment (Due Process Clause):
combined most of the guarantees in the Bill of
Rights into this amendment
– 9th Amendment: there are other rights not set
out in the Bill of Rights that citizens have
Review questions
• Explain why a strict constructionist of
the Constitution would use the 9th
Amendment to argue for more rights.
• True or False: All “persons” have certain
rights under the Constitution.
• True or False: The Bill of Rights were
meant to limit the power of the State
Governments.
Quick Questions to answer about….
1. Can a religion practice animal sacrifice
in the U.S.?
2. Can a man have more than one wife in
the U.S. if it is part of his religion?
3. Can a religious group have a club at a
school?
4. Can a public school have a prayer (over the
announcements) at the beginning of the
school day? Moment of silence?
What is the message of this cartoon?
Group Assignment
• Develop a poster that explains** each of the following
terms:
– Bill of Rights, civil liberties, civil rights, alien, Due
Process Clause (14th Amendment), Sheppard Case, 9th
Amendment
**You must have a definition,
example, and a picture for each
term.
DAY 2
Freedom of Religion…
TLW develop an
understanding of historic
cases surrounding the
establishment and free
exercise of religion.
What is the message of this cartoon?
Does this fit in
today’s
America?
Is there some
truth to this
concept?
Explain.
Another question to get
you guys thinking a little bit…
Confederate Flag Belt
vs.
Anti-Gay Bullying T-Shirt
WHO IS RIGHT?
Day 2:
Freedom of
Religion
• What is Freedom of Expression?
–Guaranteed by the 1st and 14th
Amendments
• Establishment Clause (establishment of
the religion)
• No interference by the government in
the “free exercise” of the religion
Free Exercise Clause
• Guarantees the right of people
to believe whatever they choose
• No person has the right to
violate laws and claim it is for
“religious” reasons
• However, there have been some
cases where religious rites have
been upheld (sacrifice, drug use,
etc.)
If something is declared illegal should it be illegal for all citizens?
Quick Questions to answer about….
1. Can a religion practice animal sacrifice
in the U.S.?
2. Can a man have more than one wife in
the U.S. if it is part of his religion?
3. Can a religious group have a club at a
school?
4. Can a public school have a prayer at the
beginning of the school day?
What is Separation of Church and State?
–Thomas Jefferson
declared that the
Establishment
Clause creates “… a
wall of separation
between the Church
and State…”
• However, this
“wall” is not
impenetrable
You will write the following for each court case. There are 6
court cases total we will be reading.
• Name of the Case
• Brief Explanation of the question in the
case.
• Brief Summary of the Court’s Decision.
• Explain whether you agree or disagree
with the court’s decision.
You should have a minimum of 3 sentences and
a maximum of 6 sentences.
Wisconsin v. Yoder (1971)
• Did Wisconsin's requirement that all parents send their
children to school at least until age 16 violate the First
Amendment by criminalizing the conduct of parents who
refused to send their children to school for religious
reasons?
– Conclusion: …the Court found that the values and
programs of secondary school were "in sharp conflict
with the fundamental mode of life mandated by the
Amish religion," and that an additional 1 or 2 years of
high school would not produce the benefits of public
education cited by Wisconsin to justify the law.
Example of how your Yoder notes should
look….
Wisconsin v. Yoder (1971)
• Summary of Case: The Amish religion does not believe it is necessary
for their children to go to school past the 8th grade because the skills
taught in a high school setting are not beneficial to their life as an
Amish person. However, the state of Wisconsin had a law stating that
they had to attend school through age 16. (1st Amendment issue
over Freedom of Religion)
• Court’s Decision: The court sided with the Amish (Yoder). The court
did not believe an additional 1 to 2 years of schooling would benefit
an Amish person. High school was in “sharp conflict” with their belief
system.
• My opinion: I do not agree with this decision because if a state’s
people want all of their citizens to attend school through the age of
16 then they should have to do so.
Engel v. Vitale (1961)
• Does the reading of a nondenominational prayer at the
start of the school day violate the "establishment of
religion" clause of the First Amendment?
– Conclusion: Neither the prayer's nondenominational
character nor its voluntary character saves it from
unconstitutionality. By providing the prayer, New York
officially approved religion…the Court used the
establishment clause to eliminate religious activities of
all sorts, which had traditionally been a part of public
ceremonies.
Reynolds v. US (1878)
• Does the federal anti-bigamy statute violate
the First Amendment's free exercise clause
because plural marriage is part of religious
practice?
–Conclusion: The First Amendment protected
religious belief, but it did not protect
religious practices that were judged to be
criminal such as bigamy.
Good News Club v.
Milford Central School (2000)
• Did Milford Central School violate the First Amendment free speech
rights of the Good News Club when it excluded the Club from
meeting after hours at the school? If a violation occurred, was it
justified by Milford's concern that permitting the Club's activities
would violate the Establishment Clause?
– Conclusion: "Milford's restriction violates the Club's free speech
rights and that no Establishment Clause concern justifies that
violation…ground that the Club was religious in nature, it
discriminated against the Club because of its religious viewpoint in
violation of the Free Speech Clause of the First Amendment…”
Church of Lukumi Babalu v.
Hialeah (1992)
• Did the city of Hialeah's ordinance, prohibiting
ritual animal sacrifices, violate the First
Amendment's Free Exercise Clause?
– Conclusion: …applied exclusively to the church.
The ordinances singled out the activities of the
Santeria faith and suppressed more religious
conduct than was necessary to achieve their
stated ends.
Stone v. Graham (1980)
• Did the Kentucky statute that required
all classrooms to post the Ten
Commandments violate the
Establishment Clause of the First
Amendment?
– Conclusion: The Court found that the requirement that
the Ten Commandments be posted "had no secular
legislative purpose" and was "plainly religious in nature."
Unit 4: Day 3
Religion and
Education: Analyze
regulations on religion
within the education
system.
Quick Review:
1. What are “protections against government”
called?
2. Which amendment refers to other rights not set
out in the Bill of Rights?
3. What case involved the conflict between
freedom of the press vs. right to a fair trial?
4. What are people called that are not citizens of
the country in which they reside?
5. What amendment combined most of the
guarantees in the Bill of Rights?
Cheerleaders at Kountze High School in Texas are
fighting a ban on banners with Bible verses.
Write down an argument for or
against the use of religious
verses on banners at a public
school football game.
Wisconsin v.
Yoder
Day 3: Religion and Education
• “Released Time”—allows
public schools to release
students for religious
classes
• Public institutions cannot
sponsor religious exercises
–However, individuals can
pray at school
Is the presence of a Christmas tree in the front office considered “sponsorship” of religious activity?
Why or why not?
Religious Teachings?
Federal Funding?
• Theory of Evolution—Supreme
Court held that evolution can be
taught in schools
• Lemon Test (for private school aid
with public funds)
– 1st—purpose of the aid must be
clearly secular
– 2nd—primary effect must neither
advance nor inhibit
– 3rd—avoid an “excessive
entanglement of government
with religion”
Genesis 1:1 "In the beginning
God created the heaven and
the earth."
–Should we teach this also?
Should a student be excused from
evolution lessons if they do not believe in
evolution? Why or why not?
DRAW to Define….
On a sheet of paper, you will work in groups of 1, 2, or 3
and draw pictures that represent the following terms:
Bill of Rights, civil rights, alien, Sheppard
Case, Establishment Clause, parochial,
Wisconsin v. Yoder, Reynolds v. US, Church of
Lukumi Babalu v. Hialeah
Can’t work with a table of 4 or 5.
Divide up into smaller groups.
No words, pictures only.
Write a sentence explaining
each relationship or concept.
1. Civil Liberties vs. Civil Rights
2. Bill of Rights and The National
Government
3. Establishment Clause vs. Free
Exercise
4. Separation of Church and State
Day 4
Freedom of
Speech and Press:
TLW develop an understanding
of the rights and the limits of
the Press.
What happened in each case?
Write it
on your
Group
Sheet!
• Wisconsin v. Yoder (1971)
• Engel v. Vitale (1961)
• Reynolds v. US (1878)
• Good News Club v. Milford Central School (2000)
• Church of Lukumi Babalu v. Hialeah (1992)
• Stone v. Graham (1980)
What happened in each case?
• Wisconsin v. Yoder (1971)
– Hint: “no high school”
• Engel v. Vitale (1961)
– Hint: “morning prayer…you don’t have to though”
• Reynolds v. US (1878)
– Hint: “one wife…come on”
• Good News Club v. Milford Central School (2000)
– Hint: “a Christian club at school!”
• Church of Lukumi Babalu v. Hialeah (1992)
– Hint: “sacrifice…not in these parts”
• Stone v. Graham (1980)
– Hint: “post them, I dare you!”
WRITE THE MESSAGE OF
EACH CARTOON ON THE
NOTECARDS.
Day 4: Freedom of Speech and Press
• Guaranteed in the 1st and 14th
Amendments
– To each person a right of free
expression
– To all persons a full, wide-ranging
discussion of public affairs
• Libel—is the false and malicious use of
printed words
• Slander—is the false and malicious
use of spoken words
Seditious Speech
• Sedition–is the crime of
attempting to overthrow the
government
– This type of behavior and
speech is not protected by
the 1st amendment
– Alien and Sedition Acts of
1798: gave the president the
power to deport undesirable
aliens that made scandalous
and malicious criticism of the
government
Sedition Continues…
– Sedition Act of 1917:
Government made it illegal
during WWI to encourage
disloyalty, interfere with the
draft, or incite insubordination
in the armed forces
– Smith Act of 1940: makes it
illegal to advocate for the
violent overthrow of the US
government or the distribution
of material that teaches
overthrow of government and
to knowingly belong to a group
with such an aim
Obscenity
• What language and images in printed matter, films,
and other materials are in fact obscene?
• What restrictions can be properly placed on such
materials?
Prior Restraint
• Government is
allowed to punish
utterances only
after they are made
–No punishment
before expression
either written or
spoken
Symbolic Speech
• A person can say something
with a facial expression or a
shrug of the shoulders
(symbolic speech)
• Flag Burning?
– Texas v. Johnson (1989)
– Johnson burned an American
flag at an anti-Reagan
demonstration
– Supreme Court ruled that
the protestor had a right to
burn the flag if doing so
peacefully
ACLU Wins Settlement for New
Mexico Teachers Punished for Posting
Anti-War Materials
• November 14, 2003
• ALBUQUERQUE -- The American Civil Liberties
Union of New Mexico today announced the
settlement of a civil rights lawsuit against the
Albuquerque Public Schools for disciplinary actions
taken against teachers and a counselor for posting
materials related to the U.S. invasion of Iraq.
Articles….
• You must read and take notes for 2 of
the 4 articles.
• Write down the main conflict of the
article in your notes.
Extra Credit
NOTECARDS DUE FRIDAY.
In Your Notes…
• EVERYONE must complete…
–Answer the questions for 2 of the 4
situations.
–You do not need to write the question
–…But you need to write in complete
sentences
Unit 4: DAY 5
In your notes, number
your paper
1 through 5.
Skip lines between each
number.
Can the state of Texas
have the 10
Commandments
posted outside of
their capitol building
or is that considered
establishment of
religion?
• What does the Confederate flag
represent?
• Is it similar to any of the symbols
below?
SS
KKK
NAZI
This guy wrote rumors
about future
Apple products.
Should he be
allowed to do that?
Day 5
• Written response to the discussion
questions.
• Choose 2 of the 5 to write a page
each about.
• Use the vocabulary we have learned
so far in the semester.
• You have 25 minutes.
Choose 2 to write one page each about…
1. Should the US government protect the rights of
illegal aliens in the US?
2. Should a student be excused from evolution
lessons if they do not believe in evolution? Why
or why not?
3. Does this clause make sense or if something is
illegal should it be illegal for all citizens?
4. Should Seditious speech be protected? Explain
why or why not.
5. Why is it important that the US protect unpopular
opinions as much as popular ones?