Chapter 19: Civil Liberties: First Amendment Freedoms 19-1 Summary: Fill in the missing words The Declaration of Independence states that people have certain unalienable rights, or individual freedoms that are theirs from birth. The first ten amendments to the Constitution, known as the _______________________, list these rights. The Constitution guarantees Americans both civil liberties and civil rights, terms that are often used interchangeably. However, _____________________ are protections against government acts while ________________ are positive acts of government that uphold the Constitution. Each constitutional guarantee of Civil liberty limits the power of government. However, Americans do not have total freedom. They may use their freedoms only in ways that do not infringe on others’ rights. Most constitutional rights belong to all people living in the United States, including ________________-foreign-born residents or noncitizens. The Bill of Rights applies only to the National Government. Most of its protections are applied to the State governments by the 14th Amendment’s _________________________. This clause says that “No State shall…deprive any person of life, liberty, or property, without due process of law.” Through a series of cases, the Supreme Court has engaged in the _________________________________ by which most of the Bill of Rights’ guarantees have been included in the ______________________________. The Constitution’s Bill of Rights protects the rights of individuals. FROM THE ABOVE READING, FILL IN THE AMERICAN GUARANTEE OF FREEDOM Individual rights can be exercised only when: _________________________ _______________________________ _______________________________ The Bill of Rights guarantees both: _______________________________ Protection of Individual Rights By the process of incorporation, the Supreme Court has applied most of the Bill of Rights’ guarantees to: _______________________________ Chapter 19: Civil Liberties: First Amendment Freedoms Answer the following questions in the spaces provided 1. Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights? _________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 2. Why are the rights guaranteed by limited government are not absolute? ______________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 3. How does federalism affect individual freedom? _________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 4. Describe how the 9th Amendment helps guarantee individual rights? _________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 5. How has the Supreme Court ensured that States do not deny basic rights to the people? __________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Chapter 19: Civil Liberties: First Amendment Freedoms 19-2 Summary: Fill in the missing words Free expression, including freedom or religion and freedom of the press, is necessary in a free society. The 1st Amendment guarantees religions freedom through two clauses. The 14th Amendment’s _________________________ protects this freedom from acts of the States. The __________________________ says that “Congress shall make no law respecting an establishment of religion…” Thomas Jefferson described the clause as setting up “a wall of separation between church and state.” The nature of the “wall” particularly as it applies to education, is not agreed upon and has therefore been the subject of many court cases. For example, in 1925 the Supreme Court ruled that a State government could not force parents to send children to public schools instead of private, church related ____________________ schools. In other rulings, the Court has said that public schools may not sponsor religious events. It has not said, however that individuals may not pray when and as they choose-in schools or in any other place. The ______________________________ says that “Congress shall make no law…prohibiting the free exercise [of religion]…” It guarantees to each person the right to believe whatever he or she wishes with regard to religion. However no person may act on behalf of those beliefs exactly as he or she chooses. For example, people may not break laws or harm others while practicing their religion. Two clauses in the 1st Amendment guarantee religious freedom in America. COMPLETE THE CHART BELOW BY FILLING IN THE GUARANTEES OF RELIGIOUS FREEDOM. The 1st Amendment The Establishment Clause The Free Exercise Clause _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ Chapter 19: Civil Liberties: First Amendment Freedoms Write the decisions for each of the cases listed below. Establishment Clause Case Pierce v. Society of Sisters, 1925 Everson v. Board of Education, 1947 Zorach v. Clauson, 1952 Engle v. Vitale, 1962 Abington School District v. Schempp, 1963 Wallace v. Jaffree, 1985 Santa Fe Independent School District v. Doe, 2000 Lemon v. Kurtzman, 1971 Ruling Chapter 19: Civil Liberties: First Amendment Freedoms Lynch v. Donnelly, 1984 County of Alleghery v. ACLU, 1989 Marsh v. Chambers, 1983 Free Exercise Clause Case Reynolds v. United States, 1879 McGown v. Maryland, 1961 Welsh v. United States, 1970 Lyng v. Northwestern Indian Cemetery Protective Association, 1988 Cantwell v. Connecticut, 1940 Ruling Chapter 19: Civil Liberties: First Amendment Freedoms Sherbert v. Verner, 1963 West Virginia Board of Education v. Barnette, 1943 Chapter 19: Civil Liberties: First Amendment Freedoms 19-3 Summary: Fill in the missing words The 1st and 14th amendments’ guarantees of freedom speech and a free press protect a person’s right to speak freely and to hear what others have to say. However, no person has the right to take these away. __________________ is the false and malicious use of printed words; __________________ is the false and malicious use of spoken words. __________________ is the crime of attempting to overthrow or disrupt the government by force or violent acts. _________________________, or the urging of such conduct, is not protected by the First Amendment. The Supreme Court has limited both seditious speech and obscenity, but it seldom allows the use of ______________________- the curbing by the government of ideas before they have been expressed. The media are also subject to federal regulation. For instance, reporters do not have a constitutional right to keep their sources confidential. However, __________ States have passed _________________, which give reporters some protection against having to reveal other confidential information in legal proceedings in those States. The media of radio and television are subject to more regulation than newspapers because they use the publicly owned airwaves to distribute their materials. _________________, or communicating ideas by conduct, has been protected by the Supreme Court. When it is peaceful, _________________, or the patrolling of a business site by striking workers, is one such form of protected conduct. The Supreme Court protects and limits the rights of freedom of speech and the press. FROM THE ABOVE READING, LIST THE FREEDOMS OF SPEECH AND PRESS AS IT RELATES TO THEIR PROTECTION UNDER THE CONSTITUTION. Protected by the Constitution Not protected by the Constitution Chapter 19: Civil Liberties: First Amendment Freedoms Use the chart to organize information about important Supreme Court rulings in cases involving freedom of speech and press. Case Date Ruling Schenck v. United States Miller v. California 1973 New York Times v. United States Held that reporters must respond to relevant questions in a valid grand jury investigation or a criminal trial Burstyn v. Wilson 1952 1940 Held that television is protected by the First Amendment, but its protection is very limited 1940 Struck down a law that made picketing a place of business a crime Greater New Orleans Broadcasting Association v. United States Chapter 19: Civil Liberties: First Amendment Freedoms 19-3 Summary: Fill in the missing words The 1st and the 14th amendment’s guarantee the right of Americans to _______________, or gather, to share their opinions on public matters. The people may organize to influence public policy and to tell public officials what they think. They may do this through petitions, advertisements, letters, and demonstrations. Demonstrations however must be peaceful. People do not have the right to block streets or close schools. They may not endanger life, property, or public order. The government may make rules about the time and place of assemblies and about how they are conducted. These rules must be reasonable and ______________________-that is, the rules may not be related to what might be said at the demonstrations. Most demonstrations take place on public property because demonstrators want to get the public’s attention. There is no constitutional right to demonstrate on private property-therefore no one has a constitutional right to hand out political material or ask people to sign petitions there. Some State constitutions, however, do grant that right. The guarantees of freedom of assembly and petition include a ______________________________. That means that the right to be with others to promote political, economic, and social causes is guaranteed. The Constitution protects peaceful assembly and petition but places limits on the conduct of such events. FROM THE ABOVE READING, SUMMARIZE THE GUARANTEES AND LIMITS OF FREEDOM OF ASSEMBLY AND PETITION. Guarantees Limits Chapter 19: Civil Liberties: First Amendment Freedoms Answer the following questions in the spaces provided. 1. Explain the Constitution’s guarantees of assembly and petition. __________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 2. Summarize how the government can limit the time, place, and manner of assembly. __________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 3. Compare and contrast the freedom-of-assembly issues that arise on public versus private property. ______________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. Explain how the Supreme Court has interpreted freedom of association. ___________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
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