CHAPTER 13
HOLT
Section 1: Freedom and the Bill of Rights
Section 2: Freedom of Religion
Section 3: Freedom of Speech and of the Press
Section 4: Freedom of Assembly and Petition
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 1:
Freedom and the Bill of Rights
Objectives:
 How does the Constitution protect civil liberties?
 Whose civil liberties does the First Amendment
guarantee?
 What is the role of laws and the courts in balancing
individuals’ civil liberties with the interests of the
community?
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 1:
Freedom and the Bill of Rights
The Constitution protects civil liberties in the Bill
of Rights.
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 1:
Freedom and the Bill of Rights
People whose civil liberties are guaranteed by the
First Amendment:
 U.S. citizens
 resident noncitizens
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 1:
Freedom and the Bill of Rights
To balance individuals’ civil liberties with
community interests, boundaries on individual
rights have been set by laws and the courts so that
other’s rights or interests are not threatened.
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 2:
Freedom of Religion
Objectives:
 How has the Supreme Court interpreted the
Establishment Clause to define the relationship
between religion and public schools?
 How does the Supreme Court decide if government
aid to religious groups is constitutional?
 Why has the Supreme Court allowed tax exemptions
for religious groups?
 How has the Free Exercise Clause been interpreted?
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 2:
Freedom of Religion
Supreme Court interpretations of the
Establishment Clause to define the relationship
between religion and public schools:
 Official support for religious programs is
unconstitutional, but students can leave campus to
receive religious instruction.
 Officially sponsored prayer and religious activities in
public schools are unconstitutional, but students have
the right to pray on their own in school and religious
materials can be used in secular studies.
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 2:
Freedom of Religion
How the Supreme Court determines the
constitutionality of government aid to religious
groups
The Lemon test:
 Aid must be for a nonreligious purpose.
 It must neither advance nor limit religion.
 It must not result in excessive government
involvement with religion.
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 2:
Freedom of Religion
The Supreme Court has allowed tax exemptions
for religious groups because they help the
government remain neutral toward religion by
neither supporting it nor restricting it.
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 2:
Freedom of Religion
Religious practices may be restricted if they
violate social standards or constitutional laws,
such as bigamy, or if they threaten the public
safety, such as not vaccinating children because of
religious beliefs against such medical practices.
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 3:
Freedom of Speech and of the Press
Objectives:
 What challenges exist in balancing individuals’
freedom of speech with the need to protect national
security?
 What boundaries exist on the media’s freedom of
expression?
 How does the First Amendment affect symbolic
speech and hate speech?
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 3:
Freedom of Speech and of the Press
Challenges in balancing individuals’ freedom of
speech with protecting national security:
 determining sedition
 proving statements pose a clear and present danger
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 3:
Freedom of Speech and of the Press
Boundaries on the media’s freedom of expression:
 prior restraint laws
 shield laws
 libel laws
 obscenity laws
 license requirements
 FCC standards
 false advertising laws
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 3:
Freedom of Speech and of the Press
The First Amendment’s effect on symbolic speech
and hate speech:
 symbolic speech—actions that communicate a
message are protected to an extent
 hate speech—many hate speech rules and “insulting”
or “fighting” words that are likely to cause a fight are
not protected
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 4:
Freedom of Assembly and Petition
Objectives:
 How does the First Amendment protect the rights of
assembly and petition on public property?
 How is the freedom to demonstrate restricted on
private property?
 How does freedom of assembly support freedom of
association?
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 4:
Freedom of Assembly and Petition
First Amendment protections on the rights of
assembly and petition on public property:
 protects peaceful demonstrations
 protects demonstrations with time, place, and manner
regulations
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 4:
Freedom of Assembly and Petition
Restrictions on the freedom to demonstrate on
private property:
 People do not have the right to demonstrate or protest
on property belonging to a business or residence.
HOLT, RINEHART
AND
WINSTON
Fundamental Freedoms
HOLT
Section 4:
Freedom of Assembly and Petition
How the freedom of assembly supports the
freedom of association:
 People may associate with groups without
government interference.
HOLT, RINEHART
AND
WINSTON
HOLT
1. How are civil liberties guaranteed in the Bill
of Rights? Do aliens have the same rights as
citizens?
2. What is the role of the courts in finding a
proper balance between individuals’ civil
liberties and some wider public interest?
HOLT, RINEHART
AND
WINSTON
HOLT
3. What is the importance of the Establishment
and Free Exercise Clauses of the First
Amendment?
4. How does the Supreme Court apply the clearand-present-danger test to free-expression
cases? In what ways may government set
boundaries on free speech in the media?
HOLT, RINEHART
AND
WINSTON
HOLT
5. How is symbolic speech protected by the First
Amendment? What is the difference between
the free expression that is restricted by many
hate speech rules and that which the courts have
called fighting words?
6. How does the freedom of assembly protect the
right of association?
HOLT, RINEHART
AND
WINSTON