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Date:
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Ch. 16ish: Civil Liberties: First
Amendment Freedoms
Filled In
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
1
Objectives about Civil Liberties
GOVT.11
The student will demonstrate knowledge of civil liberties and civil rights by
a) examining the Bill of Rights, with emphasis on First Amendment freedoms;
b) analyzing due process of law expressed in the 5th and 14th Amendments;
c) explaining selective incorporation of the Bill of Rights;
d) exploring the balance between individual liberties and the public interest;
e) explaining every citizen’s right to be treated equally under the law.
Essential Understandings about Civil Liberties
1.
2.
3.
The first ten amendments to the Constitution of the United States, known as the Bill of
Rights, outline American civil liberties.
The right to due process of law is outlined in the 5th and 14th Amendments to the
Constitution of the United States.
The selective incorporation of the Bill of Rights through the 14th Amendment (due process of
law clause) greatly enhances the protection of civil rights
Essential Questions about Civil Liberties
1.
2.
3.
Notes
What is the Bill of Rights?
What are the freedoms listed in the First Amendment to the Constitution of the United
States?
How did the Supreme Court use the 14th Amendment to extend the Bill of Rights protections
to state proceedings?
Chp. 16: Civil Liberties: First Amendment Freedoms
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Sec. 1: The Unalienable Rights
I.
A Commitment to Freedom
1.
Unlike many of the first State constitutions, the US Constitution did not include a general listing of the rights of the
people
2.
Bill Of Rights – first 10 amendments to the Constitution; guarantee personal freedoms to the people
3.
Civil Liberties – protections against government; guarantees of the safety of persons, opinions, and property from
arbitrary acts of government
4.
II.
Civil Rights – positive acts of government that seek to make a constitutional guarantees a reality for all people
Limited Government
1.
All government have and use authority over individuals
a.
Dictatorships – the government’s powers are practically unlimited
b.
In the US, the power of the government is strictly limited
2.
No one has the right to do anything he or she pleases.
3.
Rather, all persons have the right to do as they please as long as they do not infringe on the rights of others
III. Federalism and Individual Rights
1.
The Bill of Rights were originally intended as restrictions on the new National Government, not on the States
2.
Most State constitutions have their own Bill of Rights.
3.
14th Amendment – “No State shall … deprive any person of life, liberty, or property, without due process of law…”
4.
a.
Used to extend most of the Bill of Rights to State governments
b.
Does not apply to the 2nd, 3rd, 5th, and 7th Amendments
9th
Amendment – there are rights that the Constitution doesn’t cover that the people still have
Critical Thinking
1. Why was there an outcry when the Constitution did not originally include a general listing of the rights of the
people?
2. How does federalism affect the guarantees of individual rights?
3. Explain this statement: “Rights are relative, not absolute.”
4. How does the Due Process Clause of the 14th Amendment affect the guarantees of the Bill of Rights?
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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Sec. 2: Freedom of Religion
I.
Establishment Clause
1.
Sets up the separation of church and State
2.
Nearly all property of and contributions to religious sects are free from federal, State, and local taxation
3.
Religion and School
a.
II.
The Lemon Test – a three-pronged test to see if a school is violating the Establishment Clause

Purpose must be secular

Primary effect must neither advance nor hinder religion

Must avoid an “excessive entanglement of government with religion.”
b.
Released time – schools release students during school hours to attend religious classes
c.
Prayer and the Bible – voluntary, small-group, student-led prayers prior to school events are constitutional
d.
Student Religious Groups – voluntary, student-led groups are constitutional
e.
Students cannot be forced to stand or say the Pledge of Allegiance
The Free Exercise Clause
1.
Guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion
a.
It does not give anyone the right to violate criminal laws, offend public morals, or threaten the safety of the
community
Critical Thinking
1. What does the Establishment Clause say the government cannot do?
2. What are the three elements of the Lemmon test?
a.
b.
c.
3. What are the three ways in which the government can limit the Free Exercise Clause?
a.
b.
c.
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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Sec. 3: Freedom of Speech and Press
I.
The Free Exchange of Ideas
1.
Guarantee to each person a right of free expression
2.
The American system of government depends on the ability of the people to make sound reasoned judgments on matters
of public concern
II.
3.
Intended to protect unpopular views
4.
No person has the right to slander or libel
a.
Slander – false and malicious use of spoken words
b.
Libel – false and malicious use of printed words
Seditious Speech
1.
Sedition – the crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent
acts
2.
Seditious Speech – advocating sedition; not protected by the 1st Amendment
III. Obscenity
1.
1st and 14th Amendments do not protect obscenity
2.
Miller Test for obscenity
a.
Does the work incite lust in the average person?
b.
Does the work depict or describe, in a patently offensive way, sexual conduct specifically defined by
applicable state law?
c.
3.
Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?
Pornography does not count as obscenity
IV. Prior Restraint
V.
1.
Prior restraint – the government cannot curb ideas before they are expressed
2.
Exception – school officials can censor school newspapers, plays, and other school sponsored activities
The Media
1.
The Constitution does not protect the confidentiality of their sources
2.
Many States have shield laws – give reporters some protection against having to disclose their sources or reveal
other confidential information
a.
3.
VA does not have a shield law
Movies are protected by the Constitution (the current rating system was created by the MPAA and is not enforceable by
law)
4.
The FCC does have the Constitutional right to regulate radio and television
VI. Symbolic Speech
1.
Communication of ideas through actions or conduct
2.
Peaceful picketing is protected by the Constitution
3.
Flag burning is protected under the 1st Amendment
a.
“…the government may not prohibit the expression of an idea simply because society finds the idea itself
offensive...”
VI. Commercial Speech
1.
Speech for business purposes
2.
Newspapers cannot deny advertisements by businesses that they don’t approve of
3.
The government can prohibit false and misleading advertisements
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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4.
The government can prohibit advertisements that are neither false nor misleading
a.
Example – protect the public’s health in banning cigarette ads on radio and television
Critical Thinking
1. What are the elements of the Miller test?
a.
b.
c.
2. Why do you think the press is in favor of shield laws?
3. Why do you think the FCC has the right to strictly regulate what is on TV and radio?
Sec. 4: Freedom of Assembly and Petition
I.
Constitutional Guarantees
1.
II.
people can peaceably assemble to:
a.
express their views on public matters
b.
influence public policy
c.
bring a group’s views to the attention of the government
Time-Place-Manner Regulations
1.
Cannot cause a diversion near a school or school activity
2.
The government cannot regulate assemblies on the basis of what might be said there
3.
The government has the power to control traffic or keep a protest rally from becoming a riot
III. Public Property
1.
Because most demonstrations usually have a clash of ideas, the government has upheld laws that require advance
notice and permits for demonstrations in public places
2.
If demonstrators remain peaceful, but bystanders become violent, police must arrest the bystanders
3.
Demonstrators may not interfere with legitimate business interests
IV. Private Property
1.
V.
Petitioning on private property falls under the scope of State laws, not the Constitution
Freedom of Association
1.
Freedom of assembly and petition include the right to associate with others to promote political, economic, and other
social causes
2.
Organizations can refuse to accept members when that action would contradict what the organization professes to
believe
Critical Thinking
1. Describe the time, place, and manner limits that the government can put on freedom of assembly.
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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Analyzing Court Cases
Directions: After analyzing the cases in class, record the outcome of each.
Tinker v. Des Moines
Beussink v. Woodward
Bethel School District No. 403 v. Fraser
Morse v. Frederick
Brown v. Gilmore
Santa Fe Independent School District v. Doe
New Jersey v. T.L.O.
Safford Unified School District v. Redding
Cornfield v. Consolidated High
Ratner v. Loudoun County Public Schools
Ingraham v. Wright
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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Glossary Chp. 16
Directions: Fill in the definition for the term listed. Then, in the box on the right, you have to draw a picture OR
write the definition in your own words OR write a sentence using the word that demonstrates its meeting.
Civil Liberties
.
Processing (Illustration, Summarization, or Sentence)
.
.
..
Civil Rights
.
Processing (Illustration, Summarization, or Sentence)
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..
Bill of Rights
.
Processing (Illustration, Summarization, or Sentence)
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..
Due Process Clause
.
Processing (Illustration, Summarization, or Sentence)
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..
Establishment Clause
.
Processing (Illustration, Summarization, or Sentence)
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..
Free Exercise Clause
.
Processing (Illustration, Summarization, or Sentence)
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..
Libel
.
Processing (Illustration, Summarization, or Sentence)
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.
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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Glossary Chp. 16
Directions: Fill in the definition for the term listed. Then, in the box on the right, you have to draw a picture OR
write the definition in your own words OR write a sentence using the word that demonstrates its meeting.
Slander
.
Processing (Illustration, Summarization, or Sentence)
.
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..
Sedition
.
Processing (Illustration, Summarization, or Sentence)
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..
Prior Restraint
.
Processing (Illustration, Summarization, or Sentence)
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..
Shield Law
.
Processing (Illustration, Summarization, or Sentence)
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..
Right of Association
.
Processing (Illustration, Summarization, or Sentence)
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..
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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Summary
DIRECTIONS: Choose only one of the following:
a) write a summary (25-75 words) of what you believe was the most important aspect of the notes/lecture
b) write what you believe to be the most interesting or memorable part of the notes/lecture (25-75 words)
c) draw something that symbolizes the notes/lecture to you (has to be different than your title page)
Notes
Chp. 16: Civil Liberties: First Amendment Freedoms
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