Chapter 19: Civil Liberties: First Amendment Freedoms

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. ___________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________