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Chapter 19: Civil Liberties: First Amendment Freedoms
Section 1
Objectives
1. Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights.
2. Understand that the rights guaranteed by limited government are not absolute.
3. Show how federalism affects individual rights.
4. Describe how the 9th Amendment helps protect individual rights.
Key Terms
Bill of Rights
civil liberties
civil rights
aliens
Due Process Clause
process of incorporation
Introduction
 How does the Constitution protect the rights of individuals against government?
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Key Documents
 Declaration of Independence
 Preamble to the Constitution
 Articles I and III
The Bill of Rights
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Civil Rights and Liberties
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Limited Government
 Checkpoint: How does the Bill of Rights limit government in the United States?
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Relative Rights
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Whose Rights?
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Federalism
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The 14th Amendment
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Gitlow v. New York, 1925
 Checkpoint: Why is the case Gitlow v. New York important?
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The 9th Amendment
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Review
 Now that you have learned how the Constitution protects the rights of individuals against
government, go back and answer the Chapter Essential Question.
 How can the judiciary balance individual rights with the common good?
Chapter 19: Civil Liberties: First Amendment Freedoms
Section 2
Objectives
1. Examine why religious liberty is protected in the Bill of Rights.
2. Describe the limits imposed by the Establishment Clause of the 1st Amendment.
3. Summarize the Supreme Court rulings on religion and education as well as other
Establishment Clause cases.
4. Explain how the Supreme Court has interpreted and limited the Free Exercise Clause.
Key Terms
Establishment Clause
Free Exercise Clause
parochial
Introduction
 How does the 1st Amendment protect the freedom of religion?
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Religious Freedom
 Support for religious freedom was partly a rejection of colonial government-sponsored
churches.
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Church and State
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Religion and Public Schools
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 The Court has ruled that public school students may be released during school to
attend religious classes, but only if those classes are held in private places off school
grounds.
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School Prayer
 Checkpoint: According to the Supreme Court, how does state-sponsored support of prayer
in schools violate the 1st Amendment?
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The
Court has banned mandatory prayers to start school, posting of the Ten
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Commandments in classrooms, and school-sponsored prayers at graduations and football
games.
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Other School Issues
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Parochial Schools
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The Lemon Test
 Checkpoint: What is the purpose of the Lemon test?
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 The test comes from the 1971 Lemon v. Kurtzman case, where the Court struck down
state financial aid to parochial schools in Pennsylvania.
Examples of the Lemon Test
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Public Displays
 Are government-sponsored chaplains, seasonal displays, or displays of the Ten
Commandments constitutional?
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Limits on Exercise of Religion
 Checkpoint: What acts are not protected by the Free Exercise Clause?
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Protections
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 The Court has ruled that Amish children do not have to attend school past the 8th grade
and that Jehovah’s Witnesses do not have to salute the American flag due to the beliefs of
each religious group.
Review
 Now that you have learned how the 1st Amendment protects the freedom of religion, go
back and answer the Chapter Essential Question.
 How can the judiciary balance individual rights with the common good?
Chapter 19: Civil Liberties: First Amendment Freedoms
Section 3
Objectives
1. Explain the importance of the two basic purposes served by the guarantees of free
expression.
2. Summarize how the Supreme Court has limited seditious speech and obscenity.
3. Examine the issues of prior restraint and press confidentiality, and describe the limits the
Court has placed on the media.
4. Define symbolic and commercial speech; describe the limits of their exercise.
Key Terms
libel
slander
sedition
seditious speech
prior restraint
injunction
shield laws
symbolic speech
picketing
Introduction
 What are the limits on the guarantees of free speech and free press?
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Free Expression
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Seditious Speech
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What Counts as Sedition?
 In Schenck v. United States, the Supreme Court established the “clear and present danger
rule.”
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 In Yates v. United States, the Court ruled that it is not illegal to urge someone to believe
something but it is illegal to urge them to do something.
Obscenity
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 Material is obscene if it:
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Prior Restraint
 Checkpoint: How has the Supreme Court ruled on student speech?
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The Media
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Symbolic Speech
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 Checkpoint: When are acts of dissent by speech punished?
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Commercial Speech
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Review
 Now that you have learned about the limits on the guarantees of free speech and free
press, go back and answer the Chapter Essential Question.
 How can the judiciary balance individual rights with the common good?
Chapter 19: Civil Liberties: First Amendment Freedoms
Section 4
Objectives
1. Explain the Constitution’s guarantees of assembly and petition.
2. Summarize how 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. Explore how the Supreme Court has interpreted freedom of association.
Key Terms
assemble
civil disobedience
content neutral
right of association
Introduction
 How has the Supreme Court ruled on assembly and petition cases?
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Constitutional Guarantees
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Examples
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Civil Disobedience
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Limits on Assembly
 Checkpoint: How has the Supreme Court limited the time, place, and manner of assembly?
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Public Demonstrations
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Gregory v. Chicago, 1969
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Other Court Cases
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Private Property
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Private and Public Property
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 Why has the Court ruled differently on public and private property demonstrations?
Freedom of Association
 Checkpoint: What is the right of association?
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Review
 Now that you have learned how the Supreme Court has ruled on assembly and petition
cases, go back and answer the Chapter Essential Question.
 How can the judiciary balance individual rights with the common good?