Planning Guide Liberty and Justice for All
UNIT PACING CHART* Chapter 13 Chapter 14 Chapter 15 Day 1 Unit Opener Chapter Opener Chapter Opener Chapter Opener Section 1 Section 1 Section 1 Day 2 Section 2 Section 2 Supreme Court Cases to Debate Supreme Court Cases to Debate Section 2 Day 3 Section 3 Section 3 Issues to Debate Section 4 Supreme Court Cases to Debate Section 3 Day 4 Section 5 Section 4 Section 4 Government Skills Issues to Debate Progress of Democracy Day 5 Review Review Review Chapter Assessment Chapter Assessment Chapter Assessment
*Unit Pacing Chart based on year-long course; modify pacing by half for semester-long course
Eulogy of a Suffragist Have students illustrate that person’s life and achievements, compose eulogies for suffragists. As a class, and a third student will present the poster and students should compile a list of women who article to the class. Encourage students to look were important to the suffrage movement. not only at what each woman did for the women’s Organize the students into groups of three. Each rights movement, but also at the things she group will research one of the women on the list. sacrificed and the life she led outside of the Make sure each group picks a different woman. movement. One member of each group will play the role of To conclude each presentation, have each Earnestine newspaper reporter, one will be a designer and student orator tell why voting is an important Gordon artist, and the third will be an orator. privilege. Riverview One student will write an article about the Gardens woman the group chose to study. Another School District student will design and create a poster to St. Louis, MO
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352A_0353_U5_890908.indd 352A 3/17/09 4:56:46 PM Introducing
Author Note
Dear U.S. Government Teacher, In Unit 5, “Liberty and Justice for All,” the textbook addresses those unalienable rights guaranteed by the Bill of Rights, paying particular attention to freedom of religion, freedom of speech, freedom of the press, and freedom of assembly. People around the world identify these rights with American democracy, as do Americans themselves. In each section of Chapter 13, these core freedoms are addressed through discussions of landmark Supreme Court decisions. In addition, you will be introducing students to the incorporation doctrine. Over time, this important doctrine has applied most of the Bill of Rights to the states. In Chapter 14, students will explore the very nature of citizenship. Who is a citizen and how does one acquire citizenship? Because global migration will most likely continue and possibly increase, a knowledge and appreciation of our nation’s history of immigration is essential. Citizens have the right to equal protection of the law. The vigilance required to guarantee equal protection involves all of us. Students who know and understand these rights and how they have been expanded will be in a better position to participate in a democracy and to protect their own rights or the rights of others. In the words of famed abolitionist Wendell Phillips, “Eternal vigilance is the price of liberty.” In the end, democratic freedoms rest on a system of laws. Chapter 15 gives students a brief history in the development of legal systems, highlighting the legal heritage of the Anglo-American world that was developed by Britain. In separate sections, students will learn the basic categories of civil law and criminal law. In the last section of the chapter, the basic rights of the accused— another cornerstone of democracy—are laid out and explained through reference to significant court cases.
Richard C. Remy, Ph.D. Author
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352A_0353_U5_890908.indd 352B 3/17/09 4:56:57 PM INTRODUCING UNIT 5 Focus
Making It Relevant Understanding an Event ▲▲ Have students look at the photo- Below, new U.S. citizens recite graph of the March on Washing- the Pledge of Allegiance during ton on this page and share what a naturalization ceremony. At right, the statue, Scales they know about this landmark of Justice, located at the event. Then point out the title of Riverside County Courthouse this unit—“Liberty and Justice for in California. All.” Discuss how this event has symbolized the progress of free- dom in the United States and ways in which it expresses the goal of justice and equal treatment for all Americans.
Unit Objectives After studying this unit, students will be able to: • List an American citizen’s basic civil liberties and review the constitutional protections provided for each. • Discuss the nature, rights, and responsibilities of U.S. citizenship. • Explain the foundations of the U.S. legal system and the basic procedures of civil and criminal law.
Unit Overview 352 UNIT 5 Unit 5 describes the rights and responsibilities of American citizens. Activity: Launching the Unit Chapter 13 describes the basic 352_353_U5UO_879982.indd 352 11/6/08 12:22:25 PM freedoms granted by the Preparing a Student Guide Have groups involved in developing the pamphlet, and Constitution. of students develop a guide to the constitu- so on. Have groups create enough copies tional rights and responsibilities enjoyed by of their pamphlets that each group member Chapter 14 describes gaining 18-year-old students in the United States. The has a copy; then have groups display their citizenship and the rights and guide should take the form of a four-page, pamphlets for other government and responsibilities of citizens. illustrated pamphlet entitled Know Your Rights. civics classes. OL Chapter 15 describes the Group members should share the tasks sources of American law and the differences between civil and criminal law. 352
352A_0353_U5_890908.indd 352 3/17/09 4:57:08 PM INTRODUCING UNIT 5 Liberty and Teach Justice for All S Skill Practice Visual Literacy Ask students to BIG idea Public Policy Providing equal treatment for all is a main consider the photo on page 353 Participating goal of the American system of justice. Read a newspaper or visit a Web site of Martin Luther King, Jr., at the in Government and find a civil or criminal case before local or state courts. Identify the main March on Washington. Ask: What constitutional or legal issue the case reflects. Ask yourself: Is this an issue that details help to make this photo is affected by changes in public policy? If so, why do you think so? If not, why? good for symbolizing this historic event? (Students may comment on King’s posture—encompassing the thousands who attended, how he stands out as a silhouette in his robes before so many, or the perspective that suggests how many thousands attended, seem- ing to stretch to the Washington Monument in the distance.)
Online Current Events Update History happens every day. Visit Glencoe’s Online Current Events Update at glencoe.com to find news reports, features, maps, graphs, and images about events that shape our lives. Students can connect those events to historical events in world and American history by exploring related events on an interactive time line—a time line that ends with today.
▲▲ Martin Luther King, Jr., at the March on Washington, August 28, 1963
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Extra Credit Project 352_353_U5UO_879982.indd 353 11/6/08 12:22:30 PM Teaching Tip Help students juvenile justice system; divorce and child History of American Law Have interested become more proficient at custody laws; laws that allowed people to buy students interview a local attorney or a historian understanding phonics by their way out of the draft; laws that segregated about how laws have changed over the course modeling for them how to or allowed segregation of citizens by race or of our nation’s history. Some examples of laws sound out difficult names gender; and so on. Have students write a that have changed might include immigration or words. laws; laws that restricted voting, such as the report about their interview. OL poll tax; Prohibition; drunk-driving laws; the
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352A_0353_U5_890908.indd 353 3/17/09 4:57:12 PM Planning Guide
Key to Ability Levels Key to Teaching Resources BL Below level AL Above level Print Material Transparency OL On level ELL English CD-ROM or DVD Language Learners
Levels Chapter Section Section Section Section Section Chapter BL OL AL ELL Resources Opener 1 2 3 4 5 Assess FOCUS BL OL AL ELL Section Focus Transparencies 13-1 13-2 13-3 13-4 13-5
TEACH BL OL ELL Reading Essentials and Study Guide p. 135 p. 137 p. 140 p. 143 p. 146 (and Answer Key) BL OL ELL Guided Reading Activities p. 45 p. 46 p. 47 p. 48 p. 49 BL OL ELL Vocabulary Activities p. 13 BL OL AL ELL Chapter Summaries p. 37 BL OL American Biographies BL OL AL ELL Cooperative Learning Activities OL AL ELL Government Simulations and Debate p. 22 BL OL AL ELL Historical Documents and Speeches p. 13 BL OL AL ELL Interpreting Political Cartoons p. 25 BL OL ELL Skill Reinforcement Activities p. 13 BL OL AL ELL Source Readings p. 13 BL OL Supreme Court Case Studies p. 39 pp. 17, pp. 39, p. 51 67, 85, 69, 77, 113 105, 129, 131 BL OL AL ELL Participating in Government Activities p. 25 BL OL ELL Spanish Declaration of Independence ✓✓✓✓✓✓✓ and U.S. Constitution BL OL AL ELL NGS World Atlas, Spanish ✓✓✓✓✓✓✓ BL OL AL ELL Unit Overlay Transparencies, ✓✓✓✓✓✓✓ Strategies, and Activities BL OL ELL Making It Relevant Transparencies ✓✓✓✓✓✓✓
BL OL AL ELL High School Writing Process Transparencies, Strategies, and ✓✓✓✓✓✓✓ Activities BL OL AL American Art & Architecture Transparencies, Strategies, ✓✓✓✓✓✓✓ and Activities ✓ Chapter- or unit-based activities applicable to all sections in this chapter
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354 A_D_C13_890908.indd 354A 3/17/09 4:57:33 PM Planning Guide
• Interactive Lesson Planner • Differentiated Lesson Plans • Interactive Teacher Edition • Printable reports of daily • Fully editable blackline masters assignments • Chapter Spotlight Videos Launch • Standards tracking system
Levels Chapter Section Section Section Section Section Chapter BL OL AL ELL Resources Opener 1 2 3 4 5 Assess TEACH (continued) BL OL American Music: Hits Through ✓✓✓✓✓✓ ✓ History BL OL ELL Reading Strategies for the Social ✓✓✓✓✓✓ ✓ Studies Classroom ELL English Language Learner ✓✓✓✓✓✓ ✓ Handbook BL OL ELL Writer’s Guidebook for Social ✓✓✓✓✓✓ ✓ Studies BL OL AL ELL Living Constitution, SE ✓✓✓✓✓✓ ✓ BL OL AL ELL Living Constitution, TAE ✓✓✓✓✓✓ ✓ BL OL NGS World Atlas, English ✓✓✓ ✓✓ ✓ BL OL ELL The Constitution and You ✓✓✓✓✓✓ ✓ (poster set) BL OL AL ELL Spanish Chapter Summaries p. 37 BL OL AL ELL Spanish Vocabulary Activities p. 13 BL OL ELL Spanish Reading Essentials and p. 135 p. 137 p. 140 p. 143 p. 146 Study Guide (and Answer Key) BL OL AL ELL PresentationPlus! with ✓✓✓✓✓✓ ✓ MindJogger CheckPoint ASSESS BL OL AL ELL ExamView® Assessment Suite 13-1 13-2 13-3 13-4 13-5 Ch. 13 BL OL AL ELL Authentic Assessment with p. 20 p. 20 Rubrics BL OL AL ELL Section Quizzes and Chapter Tests p. 155 p. 156 p. 157 p. 158 p. 159 pp. 161–168 BL OL AL ELL Spanish Section Quizzes and Tests p. 155 p. 156 p. 157 p. 158 p. 159 pp. 161–168 CLOSE BL ELL Reteaching Activities p. 13 p. 13 BL OL AL ELL StudentWorks™ Plus with Audio ✓✓✓✓✓✓ ✓ Summaries BL OL ELL Graphic Organizer ✓✓✓✓ Transparencies BL OL ELL High School Government p. 56 p. 56 p. 56 p. 56 p. 56 Reading and Study Skills Foldables®
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354 A_D_C13_890908.indd 354B 3/17/09 4:57:40 PM Integrating Technology
Teach With Technology
What are Chapter Spotlight Videos? Visit glencoe.com to access the Media Library, and enter Chapter Spotlight Videos are one of the digital media a ™ code to go to Chapter Spotlight Videos. associated with your textbook and present a topic These videos can also be launched from StudentWorks™ specific to each chapter of the textbook. Plus Online or PresentationPlus! with MindJogger CheckPoint. How can Chapter Spotlight Videos help my students? Chapter Spotlight Videos generate student interest and provide a springboard for classroom discussion. Students can watch videos from their classroom computer screen or review for a test while on their home computer.
You can easily launch a wide range of digital products Visit glencoe.com and enter ™ code from your computer’s desktop with the McGraw-Hill USG9085c13T for Chapter 13 resources. Social Studies widget. Student Teacher Parent Media Library • Student Edition Section Audio ●● • Chapter Spotlight Videos ●●● United States Government Online Learning Center (Web Site) • Chapter Overviews ●●● • Multilingual Glossaries ●●● • Study-to-Go ●●● • Student Web Activities ●●● • Self-Check Quizzes ●●● • Online Student Edition ●●● • Vocabulary eFlashcards ●●● • Web Activity Lesson Plans ● • Vocabulary PuzzleMaker ●●● • Landmark Supreme Court Cases ●●● • Beyond the Textbook ●●●
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354 A_D_C13_890908.indd 354C 3/17/09 4:57:45 PM Additional Chapter Resources
Reading List Generator CD-ROM • Timed Readings Plus in Social Studies helps Use this database to search more than 30,000 titles to create students increase their reading rate and fluency while a customized reading list for your students. maintaining comprehension. The 400-word passages are similar to those found on state and national • Reading lists can be organized by students’ reading level, assessments. author, genre, theme, or area of interest. • Reading in the Content Area: Social Studies • The database provides Degrees of Reading Power™ (DRP) concentrates on six essential reading skills that help and Lexile™ readability scores for all selections. students better comprehend what they read. The • A brief summary of each selection is included. book includes 75 high-interest nonfiction passages written at increasing levels of difficulty. Leveled reading suggestions for this chapter: • Reading Social Studies includes strategic reading • Great Lives: Human Rights, by William Jay Jacobs instruction and vocabulary support in Social Studies • Martin Luther King, Jr. and the Freedom Movement, content for ELLs and native speakers of English. by Lillie Patterson www.jamestowneducation.com • Thurgood Marshall: Champion of Justice, by G.S. Prentzas Review suggested books before assigning them.
Economics Connection
loans. Between 2007 and 2008, estimated grants and tax Personal Finance Literacy benefits averaged $2,040 per student at public two-year College Costs colleges, about $3,600 at public four-year colleges, and about An educated citizenry is essential in a democracy. Equal $9,300 per student at private four-year colleges. The chart educational opportunity was one of the rights sought by the shows costs for tuition and fees—but not for room and board. civil rights movement. In today’s global environment, higher Average 2007–2008 1-Year College Costs education increasingly is associated with the economic competitiveness of the nation, as well as greater individual Type of Institution Tuition and Fees wealth, civic participation, and better health. Public 4-year $6,185* Everyone knows college is expensive, but the average college Private 4-year $23,712 graduate earns considerably more over a lifetime than a high- 2-year community $2,361 school graduate earns. Over the years the government has *Out-of-state students add an average of $10,455 established programs designed to make a college education Source: The College Board accessible to more people. The Higher Education Act of 1965 (HEA) provides federal funds for loans, grants, and scholarships. State governments also offer similar, smaller programs. About two-thirds of full-time undergraduate students receive College costs vary widely from school to school, but in recent grant aid. Almost three-fourths attend public two- or four- years have tended to increase by about 6 percent per year. The year colleges and universities rather than private schools. good news is that about $130 billion in financial aid is available in the form of grants, scholarships, tax benefits, and low-interest
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354 A_D_C13_890908.indd 354D 3/17/09 4:57:50 PM INTRODUCING CHAPTER 13
Chapter Audio Spotlight Video Essential Question
Freedom of speech is subject to some limitations. Speech that is defamatory, that is likely to pro- voke violence, or that presents a clear and present danger can be regulated. Student speech can also be regulated. Have students brainstorm about limits to other constitutional freedoms. ▲▲ The Liberty Bell Center, Philadelphia, Pennsylvania To generate student interest and provide a springboard for class discussion, access the Chapter 13 Video at glencoe.com or on the video DVD.
Dinah Zike’s Foldables are three-dimensional, interactive graphic organizers that help Essential Question students practice basic writing skills, review key vocabulary Freedom of speech is one of terms, and identify main ideas. Americans’ most valued liberties, but are there limits to Have students complete this this and other basic freedoms chapter’s Foldable activity under the Constitution? or activities in Dinah Zike’s Reading and Study Skills Foldables booklet. OL Chapter Overview Visit glencoe.com and enter ™ code USG9822c13 for an overview, a quiz, and other chapter resources.
Visit glencoe.com and 354 enter ™ code USG9085c13T for Chapter 13 Resources including Chapter Launching the Chapter Overview, Student Web Activity, 354_357_U5C13S1_879982.indd 354 11/14/08 10:33:38 AM Self-Check Quiz, and other Depicting Many events discussed in this • a student newspaper staff learning that their materials for students and chapter are filled with drama. Invite students publication is being censored teachers. to select one such moment to depict As time permits, you may wish to work with artistically. Here are a few ideas: students to prepare a classroom display of the • James Madison introducing the amend - individual works. ments that became the Bill of Rights Essential Question: What makes these • students or parents demonstrating against scenes moving and dramatic? (Answers will a Court ruling (as in a school prayer or vary, but help students make the connection Bible-study case) between constitutional rights and fundamental human rights.) OL 354
354_357_C13S1_890908.indd 354 3/17/09 4:58:11 PM SECTION 1 CHAPTER 4,13, SECTION SECTION 1 1 Constitutional Rights Focus Reader’s Guide Content Vocabulary Academic Vocabulary Reading Strategy Bellringer ★ human rights (p. 355) ★ guarantee (p. 355) As you read, create a graphic organizer similar to the Section Focus Transparencies ★ ★ incorporation (p. 357) deny (p. 357) one below to describe the freedoms guaranteed by the 13-1 ★ pursue (p. 357) First Amendment. First Amendment Copyright © Glencoe/McGraw-Hill, a division of The McGraw-Hill Companies, Inc. ANSWERS 1. in 1833 2. the Civil War and the emancipation of UNIT enslaved African Americans 3. Answers will vary but 5 SECTION FOCUS should consider that this ruling limited the power of state TRANSPARENCY 13-1 and local governments to control speech and expression.
Nationalization Extends the Bill of Rights
1 When did the Supreme 2 What major historical 3 Why do you think the Court determine that event do you think Supreme Court ruling in the rights of state influenced the passage 1925 was significant? governments were not of the Fourteenth to be limited by the Amendment in 1868? Bill of Rights?
1833 1925 Supreme Court upholds the view Supreme Court rules that that the Bill of Rights was not freedom of speech is a basic 1787 meant to limit state and local right that cannot be denied Issues in the News Constitution signed governments. to anyone. 1750 1800 1850 1900 1950
hen school officials disciplined Andrew Smith for an 1791 1868 Bill of Rights passes Fourteenth Amendment lays the groundwork to make the rights Weditorial he wrote in the school paper, the California of all citizens national. student took his case to court. The court of appeals supported Smith’s claim that his free speech rights had been violated. When the school appealed the decision to the Supreme Court, it refused to review the decision, meaning the court of appeals decision was final. In the words of Judge Linda Gemello, writ- Reader’s Guide ing for the appeals court: “A school may not prohibit student speech simply because it presents controversial ideas and Answers to Graphic: opponents of the speech are likely to cause disruption.” ▲▲ Students demonstrating for free speech at speech the Supreme Court press religion he belief in human rights, or fundamental As citizens, people share a common faith in the assembly freedoms, lies at the heart of the American power they have to steer the course of government. Tpolitical system. Citizens and noncitizens If people do not carry out their responsibilities as alike have the right to speak freely, to read and citizens, the whole society suffers. write what they choose, and to worship as they wish or to not worship at all. The Constitution guarantees the rights of U.S. Constitutional Rights citizens. Along with these rights comes a responsi- The Constitution of the United States guaran- bility to protect them. As the Preamble states, “We, tees certain basic rights in the Bill of Rights, the people” adopted the Constitution, and in many comprised of the first 10 amendments, and in sev- ways, United States citizens remain the keepers of eral additional amendments. The Framers of the their own rights. Rights and responsibilities cannot Constitution believed that people had rights be separated. Judge Learned Hand expressed this simply because they were people. In the words of well when he observed: the Declaration of Independence, people “are endowed by their Creator with certain unalienable “ Liberty lies in the hearts of men and women; rights.” The Constitution and the Bill of Rights when it dies there, no constitution, no law, inscribe into law those rights that really belong to no court can save it; no constitution, no law, everyone. The Bill of Rights, in particular, stands no court can even do much to help it. ” as a written guarantee that government cannot —Judge Learned Hand abuse the rights of individuals. Resource Manager CHAPTER 13: Constitutional Freedoms 355
R Reading C Critical D Differentiated W Writing S Skill 354_357_U5C13S1_879982.indd 355Strategies Thinking Instruction 11/14/08Support 10:33:54 AM Practice Additional Resources Teacher Edition Additional Resources Additional Resources Teacher Edition • Guid. Read. Act., p. 45 • Predicting, p. 357 • Foldables, p. 56 • Authentic Assess., • Researching, p. 356 • Quizzes/Tests, p. 155 p. 20 Additional Resources • Supreme Ct. Case Additional Resources Studies, pp. 39–40 • Read. Essen., • Ch. Summaries, pp. 135–136 pp. 37–39
354_357_C13S1_890908.indd 355 3/17/09 4:58:18 PM approve it unless a bill of rights was added. When CHAPTER 13, SECTION 1 Guaranteed Freedoms the first Congress met in 1789, James Madison introduced a series of amendments that became the Bill of Rights in 1791. These amendments placed certain limitations on the national government to Teach prevent it from controlling the press, restricting speech, establishing or prohibiting religion, and limiting other areas of personal liberty. Caption Answer: No, the The Bill of Rights was not intended to limit state Second, Third, and Tenth and local governments. An important 1833 Supreme Court case, Barron v. Baltimore, upheld Amendments have not been this view. Chief Justice John Marshall, speaking incorporated; nor have parts of for the Court, ruled that the first 10 amendments the Fifth, Seventh, and Eighth “contain no expression indicating an intention to Amendments. apply them to the state governments.” The Fourteenth Amendment As times changed, so did the Constitution. The addition of the Fourteenth Amendment in 1868 S Skill Practice paved the way for a major expansion of individual rights. The Fourteenth Amendment not only Researching Have students defined citizenship (a person born or naturalized use the Internet and several in the United States is a citizen of the nation and government sources to find out of the state of residence), it also laid the ground- how the Supreme Court has inter- work for making individual rights national. Free Speech Champions Supreme In part, the amendment states: preted the Fourteenth Amend- Court Justices Oliver Wendell Holmes (left) and Louis Brandeis are pictured together in a 1931 No State shall make or enforce any law ment over the years, beginning photo. Six years earlier, in Gitlow v. New York, “ which shall abridge the privileges or with Gitlow v. New York (1925). the pair dissented with the majority, saying immunities of citizens of the United States; Have students research the fol- that Benjamin Gitlow’s writing about socialist revolution was too abstract to be truly dangerous. nor shall any State deprive any person of lowing cases: Near v. Minnesota, The case’s real impact was that it helped life, liberty, or property without due process of law. . . . DeJonge v. Oregon, Wolf v. incorporate the Bill of Rights into the laws of all S ” Colorado, Pointer v. Texas, and the states. Has the entire Bill of Rights been —Fourteenth Amendment, 1868 incorporated into state and local laws? Benton v. Maryland. Students will The Supreme Court has interpreted the due present their findings in a chart. process clause of the Fourteenth Amendment to Ask: Should all the protections The language of the Bill of Rights is very impor- apply the guarantees of the Bill of Rights to state and rights guaranteed by the tant, beginning with the words “Congress shall and local governments. Over the years, the Supreme Court has interpreted the word liberty in Bill of Rights apply to state make no law. . . .” Today the Bill of Rights offers protection not only from congressional actions, that amendment to include all First Amendment governments as well as the but also from acts by state and local governments freedoms. Thus, no state can deprive any person national government? Do you that may threaten people’s basic rights. of freedom of speech, press, religion, or assembly think the Framers of the Consti- The Bill of Rights was originally intended to offer because these freedoms are essential to liberty. The Supreme Court interpreted the words tution wanted the states to grant protection against the actions of the federal govern- ment. The Constitution drafted in 1787 did not due process to include other protections of the Bill all of the rights listed in the Bill include a bill of rights. Because most of the state con- of Rights—protection from unreasonable search of Rights? AL stitutions of the time contained a bill of rights, the and seizure, the right of the accused to have a Framers believed it unnecessary to include another lawyer, and protection from cruel and unusual such list of rights in the national Constitution. Many state leaders, however, were suspicious of See the following footnoted materials in the Reference Handbook: the new Constitution. When it was submitted to the 1. Barron v. Baltimore case summary, page R23. Hands-On states for ratification, a number of states refused to 2. The Constitution, pages R42–R67. Chapter Project 356 UNIT 5: Liberty and Justice for All Step 1 Creating a Class Poster Americans have. Ask them to make lists of these rights in their own words. For extra Step354_357_U5C13S1_879982.indd 1: Listing Constitutional 356 Rights 11/14/08 10:34:15 AM credit, someone might want to make a panel Students will work in small groups to contribute for the poster listing these rights. to a poster entitled “Constitutional Rights: Here and There.” Each group will create one panel of Evaluating: Ask Which constitutional right do the poster, which will be displayed in a promi- you consider most important? Discuss their nent position in the school. answers. OL Directions Have students use copies of the (Chapter Project continued in Section 2.) Constitution to remind them of the rights
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354_357_C13S1_890908.indd 356 3/17/09 4:58:24 PM punishment. These rights have also been applied to the states through the Fourteenth Amendment. CHAPTER 13, SECTION 1 Because of how the Supreme Court has interpreted the Fourteenth Amendment, the Bill of Rights has been applied to all levels of government. In Gitlow C Critical Thinking v. New York (1925), the Court ruled that freedom of speech is a basic right no state government Predicting Ask: What might could deny to a person. The process by which happen if different states were the Bill of Rights was extended to the states and given the power to apply the Bill localities is incorporation. Incorporation occurs through Supreme Court of Rights selectively? (Students cases that raise a specific issue. Since the 1920s, might note that some states would almost all of the amendments in the Bill of Rights show less concern about citizens’ have been incorporated. The exceptions are the rights than others and that unfair Second, Third, and Tenth Amendments, the exces- sive bails and fines prohibition of the Eighth treatment would be more likely Amendment, and two judicial procedures in the in some parts of the nation than Fifth and Seventh Amendments. As a result, states District of Columbia v. Heller In a 2008 case, in others.) AL are not required to use a grand jury to bring the Court addressed the District of Columbia’s ban formal charges for serious crimes, nor are they on firearms, ruling that it was unconstitutional. One required to have a trial by jury in civil cases involv- of the petitioners, Dick Heller (right) stands before ing more than $20. the Supreme Court with Robert Levy, who organized Caption Answer: No, the issue the suit. Does a Court ruling automatically in question must be specifically The Importance of Incorporation incorporate a decision into state constitutions? The incorporation of the Bill of Rights means applied to the states for the that United States citizens in every part of the coun- Court’s decision to be try have the same basic rights. On the face of it, In practice, nationalization means that citizens incorporated. incorporation may not seem significant because who believe that a state or local authority has state constitutions contain bills of rights. Yet in the denied them their basic rights may take their case past, state governments have ignored individual C to a federal court. If the decision of a lower federal rights, denied voting rights to minority citizens, court goes against them, they may pursue their and practiced various forms of discrimination. As a Assess claim all the way to the Supreme Court. result of incorporation, the Bill of Rights becomes a Assign the Section 1 Assessment final safeguard when personal rights are threatened, See the following footnoted materials in the Reference Handbook: proving that the Constitution is a living document. 1. Gitlow v. New York case summary, page R28. as homework or as an in-class activity, or have students take SECTION 1 Review Section Quiz 13-1 from Section Quizzes and Chapter Tests. Vocabulary 5. Organizing Use a graphic organizer like the one below 1. Explain the significance of: human rights, incorporation. to show the effects of incorporation on the scope of the Bill of Rights. Close Main Ideas Analyzing Call on volunteers to Cause: Incorporation Effect: 2. Analyzing Explain the impact of the incorporation of the define nationalization in their own Bill of Rights. of Bill of Rights words. Discuss the importance of 3. Examining Which branch of government has been primarily responsible for the incorporation of the Bill of Rights? nationalization of the Bill of Rights Writing About Government as a guarantee of individual rights Critical Thinking 6. Persuasive Writing Some people have argued that for all Americans. OL 4. Making Inferences When it came time to submit the all Americans should be required to perform some type new Constitution to the states for ratification, why do you of compulsory public service. Write an editorial for a think state leaders insisted on a national Bill of Rights? newspaper either supporting or opposing the idea. Section 1 Review
CHAPTER 13: Constitutional Freedoms 357
Answers 354_357_U5C13S1_879982.indd 357 11/14/08 10:34:22 AM 1. All definitions can be found in the section and 5. Effect: The Bill of Rights grew to protect citizens the Glossary. on the state level as well as the federal level. 2. Incorporation extended the Bill of Rights to 6. Students’ editorials should discuss the reasons protect citizens from all levels of government in that they support or oppose compulsory public the United States. service. 3. the judicial branch (the Supreme Court) 4. They feared the potential power and abuses of the national government.
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354_357_C13S1_890908.indd 357 3/17/09 4:58:26 PM SECTION 2 CHAPTER 13, SECTION 2 Focus Freedom of Religion Reader’s Guide Bellringer Content Vocabulary Academic Vocabulary Reading Strategy ★ establishment ★ significant (p. 358) As you read, create a table similar to the one below to list Section Focus Transparencies clause (p. 358) ★ acknowledge (p. 361) the cases that are related to the establishment clause 13-2 ★ free exercise ★ justify (p. 363) and the free exercise clause. clause (p. 358) Establishment Clause Cases Free Exercise Clause Cases Copyright © Glencoe/McGraw-Hill, a division of The McGraw-Hill Companies, Inc. ANSWERS 1. less than one fourth 2. 2.4% 3. Answers will ★ UNIT vary, but possible responses include Native American parochial school (p. 359) 5 SECTION FOCUS religions, Latter Day Saints, Jehovah’s Witnesses, Sikhs, TRANSPARENCY 13-2 Bahá’i, and New Age religions. ★ secular (p. 360) Religion in the United States, 2008 1 2 3 About what fraction Jews, Muslims, Hindus, What are some other ★ of Americans are not and Buddhists make American religious abridge (p. 363) Christians? up what percentage of groups not shown in Americans? the chart? ★ precedent (p. 364)
Protestant 51.3%
Roman Catholic 23.9% No Response 0.8% Issues in the News Hindu 0.4% Buddhist 0.7% Muslim 0.6% Atheist 1.6% Jewish 1.7% n 2008 Gene R. Nichol, president of the College of William Other religions Nonreligious 4.8% 14.5% and Mary, resigned his position after a heated dispute over Source: U.S. Religious Landscape Survey, The Pew Forum on Religion & Public Life (February 2008). I the display of a cross in the college’s chapel. Deciding that the cross should be on display only during Christian services, Nichol said he was protecting the First Amendment and the separation of church and state. Some alumni of the college dis- Reader’s Guide agreed. They started Web sites to rally support for displaying the cross. Under pressure from these groups, the government Answers to Graphic: Tables board of the college told Nichol his contract would not be should include the following: renewed. In a final defense of his action, Nichol stated his ▲▲The dispute at the College of William Establishment Clause: Everson principles: “We are charged, as state actors, to respect and and Mary highlights a debate over the accommodate all religions, and to endorse none.” role of religion that has been going on v. Board of Education, Wolman since the nation’s founding. v. Walter, Lemon v. Kurtzman, Mitchell v. Helms, Zorach v. Clauson, Engel v. Vitale, s this college chapel dispute suggests, Edwards v. Aguillard debate over the public role of religion can The Establishment Clause Free Exercise Clause: Reynolds A be intense. But few would disagree that reli- In 1801 Baptists in Connecticut—a state where v. United States, Wisconsin v. gion has always been a significant part of Ameri- the Congregational Church was the official church— Yoder, Minersville School District can life. More than 90 percent of Americans identify wrote to Thomas Jefferson asking his views about with a religion. Religious tolerance developed slowly religious liberty. Jefferson wrote back strongly sup- v. Gobitis, West Virginia State in the American colonies, but soon after the porting the First Amendment. He stated that by Board of Education v. Barnette Constitution was adopted the nation guaranteed passing the First Amendment, Americans had religious freedom in the First Amendment. “declared that their legislature should ‘make no law The first clause of the amendment, known as respecting an establishment of religion or prohibit- the establishment clause, states that “Congress ing the free exercise thereof,’ thus building a wall of shall make no law respecting an establishment of separation between Church and State.” religion.” The second clause—the free exercise The phrase “wall of separation” that Jefferson clause—prohibits government from unduly used is not in the Constitution. He appears to have interfering with the free exercise of religion. The
precise meaning of these clauses has been the sub- See the following footnoted materials in the Reference Handbook: Resource ject of continuing debate in American politics. 1. The Constitution, pages R42–R67. Manager 358 UNIT 5: Liberty and Justice for All
R Reading C Critical D Differentiated W Writing S Skill Strategies Thinking358_365_U5C13S2_879982.indd 358 Instruction Support Practice 11/14/08 10:34:37 AM Teacher Edition Teacher Edition Additional Resources Teacher Edition Additional Resources • Organizing, p. 360 • Defending, p. 359 • Foldables, p. 56 • Expository Writing, • Skill Reinforce. Act., • Evaluating, p. 363 p. 363 p. 13 Additional Resources Additional Resources • Read. Essen., Additional Resources • Guid. Read. Act., p. 46 pp. 137–139 • Supreme Ct. Case • Quizzes/Tests, p. 156 Studies, pp. 17–18, 67–68, 85–86, 87–88, 113–114
358_365_C13S2_890908.indd 358 3/17/09 4:58:46 PM Constitutional Interpretations CHAPTER 13, SECTION 2
The Establishment Clause Soldiers of the U.S. Army 1st Infantry Teach take part in a benediction ceremony as they replace an outgoing unit for duty in Tikrit, Iraq, in 2004. Caption Answer: The religion Why would this religious practiced in the photo is not service not be considered a violation of the state supported but voluntary. establishment clause? The Supreme Court also ruled that government-related activ- ities, such as the activities of the armed forces, are not violated by prayer because adults are less “susceptible to used the phrase to stress that the government should Everson v. Board of Education religious indoctrination.” not establish an official church or restrict worship. This 1947 case involved a challenge to a New Over time, the idea of a “wall of separation” has been Jersey law allowing the state to pay for busing stu- expanded and become very controversial. How high dents to parochial schools, schools operated by a does the “wall of separation” go? Does it mean that church or religious group. The law’s critics con- C Critical Thinking the state and any church or religious group should tended that the law amounted to state support of have no contact with each other? a religion, which is in violation of the establish- Defending Ask: Do you think ment clause. Writing the Court’s decision, Justice parochial schools should get any Religion in Public Life Hugo H. Black defined the establishment clause: form of state aid? Why or why In practice, religion has long been part of public not? (Insist that students defend life in the United States. Although Article VI of the “ Neither a state nor the Federal Government Constitution bans any religious qualification to hold can set up a church. Neither can pass laws their opinions.) If you think they public office, most government officials take their which aid one religion, aid all religions, or C should be able to receive state oaths of office in the name of God. Since 1864, most prefer one religion over another. . . .” aid, what kinds of aid should of the nation’s coins have carried the motto “In God —Justice Hugo L. Black, 1947 they get? (Students might mention We Trust.” The Pledge of Allegiance includes the phrase “one nation under God.” Many public meet- The Court ruled, however, that the New Jersey funds for busing, school lunches, or ings, including daily sessions of Congress and most law was constitutional. The Court determined that direct financial aid.) AL state legislatures, open with a prayer. the law benefited students rather than aiding a reli- In some ways, the government encourages reli- gion directly. Although this 1947 decision still guides gion. For example, chaplains serve with the armed the Court, the Everson case illustrated uncertainty Landmark Case forces. In addition, most church property and con- over just how high Jefferson’s “wall of separation” tributions to religious groups are tax-exempt. should be. That uncertainty continues today both in See Everson v. Board of Education Attempting to define church-state relations often the Court and among the American people. in the Supreme Court Case leads to controversy. Under the Constitution, the Summaries in the Reference task of resolving these controversies falls on the State Aid to Parochial Schools Supreme Court. The Court had ruled on several Some of the most controversial debates over Handbook and Case Study 33 in religious freedom cases, but did not hear one on the church-state relations have focused on what kind of the Supreme Court Case Studies establishment clause until 1947 when it decided aid the government can give parochial schools. Since booklet. Everson v. Board of Education. Since then, the Everson, more than two-thirds of the states have Court has ruled many times on this clause. Most of given parochial schools aid ranging from driver edu- these cases have involved some aspect of religion cation classes to subsidized lunches. The Court has and education. found some programs constitutional and some not. Additional Support CHAPTER 13: Constitutional Freedoms 359
Activity: Collaborative Learning 358_365_U5C13S2_879982.indd 359 11/24/08 1:02:40 PM Round-Robin Wrap-Up Organize students a response to each question. Continue into small groups. Have a scribe for each group circulating the papers until every student has write each of these statements at the top of a given at least two responses to each question. sheet of paper: Complete the activity by having a volunteer • Freedom of religion means that I can from each group present the responses to the ______. class and asking the class to look for common • Freedom of religion means that I cannot elements among the responses. BL ______. Ask the groups to circulate each paper among their members, with every member providing 359
358_365_C13S2_890908.indd 359 3/17/09 4:58:51 PM CHAPTER 13, SECTION 2 Separation of Church and State
Constitutional Principles The Constitution Caption Answer: Students lays down the principle of should note that funding separation of church and state. parochial schools may be seen Thus, teaching religion to students in public schools has as a violation of the establish- often raised controversy, yet ment clause. The Court has the House of Representatives opens every session with a allowed the state to fund the prayer. Does a constitutional secular aspects of parochial conflict exist when the state schools, as long as it avoids aids parochial schools? How has the Supreme Court excessive government addressed this conflict? entanglement with religion. Explain.
R Reading Strategy Organizing Have students For example, in Board of Education v. Allen In Mueller v. Allen (1983), the Court upheld a (1968) the Court upheld state programs that Minnesota law allowing parents to deduct tuition, create a chronological chart provide secular, or nonreligious, textbooks to textbooks, and transportation to and from school of the Supreme Court decisions parochial schools. Although the Everson deci- from their state income tax. Public schools regarding the separation of church sion permitted state-supported bus transportation charge little or nothing for these items, because and state that are discussed in to and from school, Wolman v. Walter (1977) taxes are used to pay for them. Parents whose banned its use for field trips. children attend parochial schools benefited from this chapter. Instruct students to Why are some forms of aid constitutional but the deduction. But because the law permitted par- include all the decisions that are not others? The answer is in the so-called Lemon ents of all students to take the deduction, it passed mentioned in this section and to test. Since the 1971 case of Lemon v. Kurtzman, the Court’s three-part test. supplement that information with the Court has used a three-part test to decide In a similar case in 2000, Mitchell v. Helms, the whether such aid violates the establishment Court ruled that taxpayer funds could be used to details from the Supreme Court clause. To be constitutional, state aid to church provide religious schools with equipment—for Case Summaries in the Reference schools must: example, computers, library books, projectors, Handbook. OL • have a clear secular, nonreligious purpose; and televisions—so long as the equipment is not • in its main effect neither advance nor inhibit used for religious purposes. This continued the religion; and Court’s recent pattern of expanding government aid for parochial schools. • avoid “excessive government entanglement Conflicts over state aid to church schools are with religion.” not confined to Christian schools. In Kiryas Joel v. In a 1973 case, Levitt v. Committee for Public Grumet (1994), the Court ruled that the state of Education, the Court voided a New York plan to New York could not create a public school district help pay for parochial schools to develop testing solely to benefit a community of Hasidic Jews. programs. In yet another case in 1980, Com- mittee for Public Education v. Regan, the Court See the following footnoted materials in the Reference Handbook: permitted New York State to pay parochial schools 1 Board of Education v. Allen case summary, page R24. to administer and grade tests. In this case the 2. Wolman v. Walter case summary, page R37. 3. Lemon v. Kurtzman case summary, page R30. state’s department of education prepared the R 4. Levitt v. Committee for Public Education case summary, page R30. tests. In the 1973 case, the tests were prepared by 5. Committee for Public Education v. Regan case summary, page R25. 6. Mueller v. Allen case summary, page R31. teachers, which the Court considered part of reli- 7. Mitchell v. Helms case summary, page R31. Differentiated gious instruction. 8. Kiryas Joel v. Grumet case summary, page R29. Instruction 360 UNIT 5: Liberty and Justice for All
Activity: Multiple Learning Styles 358_365_U5C13S2_879982.indd 360 11/14/08 10:35:05 AM Kinesthetic Many elements of faith are faith (for example, a candle or religious liter- symbolized in religious objects and art. Ask ature), special observances (for example, students to collect and display pictures or a menorah or a picture of a Christmas tree), items that they consider symbolic of various and so on. Call on volunteers to pick up various religions as well as of elements that are items from the display. Have each volunteer common to many religions—prayer (for describe the item and comment upon it, example, a rosary or a picture of someone in perhaps explaining why it is protected by the prayer), moral living in accordance with one’s First Amendment. BL ELL
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358_365_C13S2_890908.indd 360 3/17/09 4:58:57 PM Release Time for Students CHAPTER 13, SECTION 2 Can public schools release students from school to attend classes in religious instruction? The Court first dealt with this question in McCollum v. Board of Education (1948). The public schools in Caption Answer: In Engel v. Champaign, Illinois, had a program in which reli- Vitale, the Court declared gion teachers came into the schools once a week and gave instruction to students who desired it. mandatory school prayer to The Court declared this program unconstitutional be unconstitutional. In later because school classrooms—tax-supported public rulings, the Court continued to facilities—were being used for religious purposes. rule that school-sponsored Justice Hugo Black wrote that the program used tax-supported public schools “to aid religious prayer constituted an estab- groups to spread their faith.” lishment of religion. Four years later in Zorach v. Clauson, however, the Court accepted a New York City program that allowed religious instruction during the school day but away from the public schools. The CURRICULUM Court ruled that a release-time program of reli- gious instruction was constitutional if carried on CONNECTION in private rather than public facilities. Law The Supreme Court decision School Prayer Cases Prayer in Sports A San Marcos, Texas, public in Abington School District v. In 1962 and 1963, the Court handed down three high school football team voluntarily prays before a Schempp banned the reading controversial decisions affecting prayer and Bible game. On what grounds does the Supreme Court of the Lord’s Prayer and sections reject mandatory prayers in public schools? reading in public schools. The first was Engel v. from the Bible, but it did not rule Vitale, a school prayer case that began in New York State. The New York Board of Regents composed against teaching about religion in public schools. The ruling noted: a nondenominational prayer that it urged schools to Curlett—for another major decision on school use: “Almighty God, we acknowledge our depen- prayer. In these cases, the Court banned school- “Nothing we have said here indi- dence upon Thee, and we beg Thy blessings upon sponsored Bible reading and recitation of the Lord’s cates that . . . study of the Bible us, our parents, our teachers, and our country.” In Prayer in public schools. Because teachers whose New Hyde Park, parents of 10 students challenged or religion, when presented salaries were paid with tax dollars conducted the objectively as part of a secular the prayer in court. In 1962 the Court declared the activities in public buildings, the Court reasoned regents’ prayer unconstitutional, interpreting the that these acts violated the First Amendment. program of education, may not First Amendment to mean the following: In 1985, in Wallace v. Jaffree, the Court struck be effected consistently with the down an Alabama law requiring teachers to observe In this country it is no part of the business First Amendment.” “ a moment of silence for “meditation or voluntary of government to compose official prayers prayer” at the start of each school day. The Court for any group of the American people to ruled that the law’s reference to prayer made it an Landmark Case recite as a part of a religious program unconstitutional endorsement of religion. In 1992 carried on by government. ” the Court also prohibited clergy-led prayers at See Engel v. Vitale and Abington —Justice Hugo H. Black, 1962 public school graduations. School District v. Schempp in the Then, in Santa Fe Independent School District v. Supreme Court Case Summaries In his lone dissent from the Engel decision, Doe (2000), the Supreme Court ruled that Justice Potter Stewart argued that the New York public school districts cannot let students lead in the Reference Handbook and prayer was no different from other state-approved stadium crowds in prayer before football games. Case Studies 43 and 44 in the religious expression, such as referring to God in the Pledge of Allegiance. Supreme Court Case Studies See the following footnoted materials in the Reference Handbook: School prayer has been addressed in a number of 1. McCollum v. Board of Education case summary, page R30. booklet. other important cases. In 1963 the Court combined 2. Zorach v. Clauson case summary, page R37. a Pennsylvania case—Abington School District 3. Engel v. Vitale case summary, page R26. 4. Abington School District v. Schempp case summary, page R23. v. Schempp —and one from Maryland—Murray v. 5. Santa Fe Independent School District v. Doe case summary, page R34. Hands-On Chapter Project CHAPTER 13: Constitutional Freedoms 361 Step 2 Creating a Class Poster or groups that have been denied a right at specific times. A fictitious example might be: 358_365_U5C13S2_879982.inddStep 3612: Researching Events Students will 11/24/08 1:02:47 PM Date: July 1992; Location: New South Wales, do research for the poster. Australia; Event: A number of Aborigines are Directions Tell students that not all countries imprisoned for peacefully protesting against offer the same rights. Ask each group to selling kangaroo meat; Right denied: Freedom choose a different constitutional right of U.S. of assembly. citizens to research. Each member of the Improving Research Skills Discuss any groups will use his or her knowledge of history, problems students might be having in current events, or other sources to find searching for examples. OL examples of events that demonstrate the lack of that right in another country. Students (Chapter Project continued in Section 3.) should look for specific examples of individuals
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358_365_C13S2_890908.indd 361 3/17/09 4:59:00 PM CHAPTER 13, SECTION 2 Church and State
A Delicate Balance Over the annual holiday Caption Answer: yes, if the season, the nation’s Christmas items are publicly funded tree and a large menorah are on view near the White House. Jews use the menorah in their celebration of Hanukkah, Civil Liberties which commemorates the I S S U E S rededication of the Temple to Most Americans of Jerusalem in ancient times. Debate believe that one Does the establishment clause of the principal apply to these practices? functions of government is to protect the rights of the governed. Among the rights that Americans want government to secure are the According to Justice John Paul Stevens, such the students sued. In Westside Community Schools freedoms of religion, speech, prayers “over the school’s public address system by v. Mergens (1990), the Court ruled as follows: press, and assembly. These civil a speaker representing the student body” violated liberties are expressly granted by the separation of government and religion. “ Although a school may not itself lead or direct a religious club, a school that the First Amendment. Although Public reaction to the Court’s rulings has been both divided and heated. Although many permits a student-initiated and student-led the Constitution grants these people support the Court’s stance, others are religious club to meet after school, just as it liberties, government can restrict bitterly opposed. About half of the states have permits any other student group to do, does or limit them when the well-being passed moment-of-silence laws that make no not convey a message of state approval or endorsement of the particular religion. of the general public is at stake. mention of prayer. Congress has considered ” several constitutional amendments to overturn —Justice Sandra Day O’Connor Encourage students to debate these Court decisions, but has not produced the these issues by agreeing or two-thirds majority needed to propose an Teaching the Theory of Evolution disagreeing with the following amendment. The Supreme Court has also applied the establishment clause to classroom instruction. In statement: “In a democracy, Equal Access Act Epperson v. Arkansas (1968), the justices voided guaranteed rights must be An exception to the Court’s imposed limits on an Arkansas law that banned teaching evolution in accompanied by a means to prayer in public schools is the Equal Access Act public schools. The Court ruled that “the state restrict those rights.” AL passed by Congress in 1984. The act allows public has no legitimate interest in protecting any or all high schools receiving federal funds to permit stu- religions from views distasteful to them.” dent religious groups to hold meetings in the Some state legislatures passed laws that required school. The bill’s sponsors made it clear that they schools to teach the Bible’s account of creation intended to provide opportunity for student prayer along with the theory of evolution as an alterna- groups in public schools, a position that received tive viewpoint in science classes. In 1987, however, the Court struck down these laws. In Edwards v. overwhelming support in Congress. In 1990 the Court ruled the law constitutional Aguillard, the Court ruled that a law requiring the in a case that arose in Nebraska. Students at West- teaching of creationism violated the establishment side High School in Omaha, Nebraska, asked to clause because its primary purpose was “to endorse form a club for Bible study and prayer. Student a particular religious doctrine.” organizers said that membership would be com- pletely voluntary and that it would be open to stu- See the following footnoted materials in the Reference Handbook: 1. Westside Community Schools v. Mergens case summary, page R36. dents of any religion. When school officials refused 2. Epperson v. Arkansas case summary, page R26. Additional to let the group meet in the school like other clubs, 3. Edwards v. Aguillard case summary, page R26. Support 362 UNIT 5: Liberty and Justice for All
Activity: Interdisciplinary Connection 358_365_U5C13S2_879982.indd 362 11/24/08 1:02:53 PM History The establishment clause of the First of lawmakers in 1789 who are writing the Amendment reflects a basic principle that amendment that protects freedom of religion. brought many colonists to America. Freedom Ask students to reenact the debate—expres- of religion has always been considered a sing both pro and con arguments—over the primary right of citizens in a democracy. Have establishment clause. Have groups present students imagine that they are part of a group their debates to the rest of the class. ELL
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358_365_C13S2_890908.indd 362 3/17/09 4:59:06 PM Other Establishment Issues The Court, however, upheld his conviction. CHAPTER 13, SECTION 2 Not all establishment clause issues concern edu- The Reynolds case established that people are not cation. For example, the Supreme Court has also free to worship in ways that violate laws that protect applied the separation of church and state to public the health, safety, or morals of the community. Christmas displays, which have caused controversy Over the years, the Supreme Court has consis- W Writing Support in some communities. In Lynch v. Donnelly (1984), tently followed this principle, upholding a variety the Court allowed the city of Pawtucket, Rhode of restrictive laws. In 1905, in Jacobson v. Massa- Expository Writing When the Island, to display a Nativity scene with secular chusetts, the Court upheld compulsory vaccina- Supreme Court issued its ruling items such as a Christmas tree and a sleigh and tion laws, even though some religions prohibit in Wisconsin v. Yoder, some legal it. In Oregon v. Smith (1990), the Court denied reindeer. In 1989 the Court ruled that a publicly experts criticized it for yielding funded Nativity scene by itself violated the Consti- unemployment benefits to a worker who was fired tution in Allegheny County v. ACLU. The jus- for using drugs as part of a religious ceremony. too much authority to a religious tices upheld placing a menorah—a candelabrum In 1993 the Religious Freedom Restoration Act group and weakening the state’s with seven or nine candles that is used in Jewish was passed to overturn the principle set forth in the power to regulate education. Have Smith case. The act stated that people can perform worship—alongside a Christmas tree at city hall students write essays in which the same year, however. religious rituals unless they are prohibited by a nar- The Court has also ruled that the school prayer rowly tailored law and that Congress can set aside they explain why they agree or ban does not apply to government meetings. In state laws that violate this principle. The Restoration disagree with these criticisms. Marsh v. Chambers (1983), the justices noted that act did not survive long. In June 1997, the Court Refer students to Wisconsin v. Yoder ruled in City of Boerne, Texas v. Flores that the act prayers have been offered in legislatures since colo- in the Reference Handbook for nial times, and that, unlike students, legislators are was unconstitutional on several grounds. not “susceptible to religious indoctrination.” While government may limit some religious more details on the case. AL practices, the Court also has ruled that a number of other restrictions violate the free exercise The Free Exercise Clause clause. For example, in Wisconsin v. Yoder (1972), R Reading Strategy In addition to banning an established church, the Court decided that the state could not require Amish parents to send their children to public W Evaluating Tell students that the First Amendment forbids laws “prohibiting the “under God” was not part of the free exercise” of religion. But in interpreting this school beyond the eighth grade. To do so, the free exercise clause, the Supreme Court makes an Court ruled, would violate long-held Amish reli- Pledge of Allegiance as originally important distinction between belief and practice. gious beliefs that were “intimately related to daily written in 1892. It was added in The Court has ruled that the right to religious belief living” and would present “a very real threat of undermining the Amish community.” 1954 during the Cold War. Ask: is absolute. It has applied some restrictions, how- Should the phrase “under God” ever, to the practice of those beliefs. Religious Expression and the Flag be deleted from the Pledge of Religious Practice May Be Limited Two of the most-discussed free exercise cases have Allegiance? Why or why not? OL The Supreme Court has never permitted religious to do with whether children could be forced to salute freedom to justify any behavior, particularly when the American flag. In 1936 Lillian and William Gobi- religious practices conflict with criminal laws. The tis were expelled from school for refusing to salute. Court first dealt with this issue in the case of Rey- As Jehovah’s Witnesses, the children and their par- nolds v. United States (1879). George Reynolds, ents believed saluting the flag violated the Christian R a Mormon who lived in Utah, had two wives and was commandment against worshiping graven images. Objectives and answers to the convicted of polygamy. Reynolds’s religion permitted In Minersville School District v. Gobitis (1940), the Student Web Activity can be polygamy, but federal law prohibited it. He appealed Court upheld the school regulation. The flag was a found in the Web Activity patriotic symbol, the Court ruled, and requiring the his conviction to the Supreme Court, claiming that Lesson Plan at glencoe.com. the law abridged, or limited, freedom of religion. salute did not infringe on religious freedom. Enter ™ code USG9085c13T. See the following footnoted materials in the Reference Handbook: 1. Lynch v. Donnelly case summary, page R30. 2. Allegheny County v. ACLU case summary, page R23. Student Web Activity Visit glencoe.com and enter 3. Marsh v. Chambers case summary, page R30. ™ 4. Reynolds v. United States case summary, page R33. code USG9822c13. Click on Student Web 5. Jacobson v. Massachusetts case summary, page R29. Activity and complete the activity about constitutional 6. Oregon v. Smith case summary, page R32. 7. City of Boerne, Texas v. Flores case summary, page R25. rights. 8. Wisconsin v. Yoder case summary, page R37. Additional Support CHAPTER 13: Constitutional Freedoms 363
Extending the Content 358_365_U5C13S2_879982.indd 363 11/14/08 10:35:29 AM Conscientious Objectors Another appli- as Muhammad Ali), a member of the Nation of cation of the free exercise clause becomes Islam (Black Muslims), refused to be inducted evident during wartime. Conscientious into military service because of his religious objectors—people who oppose war on moral beliefs. He was fined and sentenced to prison, grounds—may be exempted from military but the Supreme Court overturned the con- service. Although they still must register, they viction. Although religious affiliation is not may fulfill their term of service in certain civilian required for conscientious objector status, jobs, or they may choose to be inducted and most conscientious objectors are members serve in a noncombatant position. During the of religious groups that are known for Vietnam War, boxer Cassius Clay (known today pacifist views. 363
358_365_C13S2_890908.indd 363 3/17/09 4:59:21 PM directing that all students and teachers salute CHAPTER 13, SECTION 2 the flag and recite the Pledge of Allegiance as part of regular school activities. Failure to comply would lead to expulsion from school, and a stu- Caption Answer: In 1943 the dent would be treated as a delinquent. Uncoopera- tive parents of such students were liable to Court concluded that patriotism prosecution and a penalty of 30 days in jail as could be achieved without well as a $50 fine. violating religious beliefs. When a member of Jehovah’s Witnesses appealed this requirement of West Virginia, the Court overruled the Gobitis decision and held such laws to be an unconstitutional interference Landmark Case with the free exercise of religion. The Court concluded in West Virginia State Board of Educa- See West Virginia State Board of tion v. Barnette (1943) that patriotism could be Education v. Barnette in the achieved without forcing people to violate their religious beliefs: Supreme Court Case Summaries in the Reference Handbook and Interpreting the First Amendment To believe that patriotism will not flourish Saluting the flag and reciting the Pledge of “ Case Study 30 in the Supreme if patriotic ceremonies are voluntary and Allegiance have been traditional in schools as it spontaneous instead of a compulsory Court Case Studies booklet. was for these 1965 grade-schoolers, but the routine is to make an unflattering custom infringes on some students’ beliefs. In estimate of the appeal of our institutions 1943, how did the Supreme Court change its to free minds. interpretation of the First Amendment right of ” Assess free exercise of religion? —Justice Robert Jackson, 1943 Assign the Section 2 Assessment Flag salute cases illustrate how the Supreme Court as homework or as an in-class can change its interpretation of the Constitution. activity, or have students take After the Gobitis decision, the West Virginia The Court usually follows precedent, decisions legislature passed an act requiring public schools made on the same issue in earlier cases. As one Section Quiz 13-2 from Section in the state to conduct classes in civics, history, justice put it, however, “when convinced of former Quizzes and Chapter Tests. and the federal and state constitutions. The state error, this Court has never felt constrained to follow board of education followed this legislation by precedent.” Close SECTION 2 Review Inferring Ask: What might life be like if the First Amendment Vocabulary 5. Organizing Use a Venn diagram to show the similarities did not guarantee freedom of 1. Explain the significance of: establishment clause, free and differences between the establishment clause and the religion? (Encourage students to exercise clause, parochial school, secular, abridge, precedent. free exercise clause. consider government-regulated Main Ideas religious practices, people practicing Establishment Both Free Exercise different religions in secret for fear of 2. Examining What test does the Court use to determine if Clause Clause persecution, and so on.) OL state aid to parochial education is constitutional? 3. Describing How was West Virginia State Board of Education v. Barnette different from the Gobitis case? Writing About Government 6. Cultural Pluralism Study the free exercise and Critical Thinking establishment clauses. Take a position on the following: 4. Analyzing Do you think that prayer in public schools is Government buildings should be allowed to place the motto permitted or disallowed by the establishment clause and/or “In God We Trust” in public view. Write a brief position paper Section 2 Review the free exercise clause of the First Amendment? Explain. in which you clearly outline the reasons for your position.
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Answers 358_365_U5C13S2_879982.indd 364 11/17/08 2:21:03 PM 1. All definitions can be found in the section and against specific religions, church and state the Glossary. separation is maintained. Other students may 2. Aid must have a clearly secular purpose, must argue that any religious activity in public schools neither advance nor inhibit religion, and must destroys that separation. not involve “excessive government entangle- 5. Establishment Clause: no single church or set of ment with religion.” beliefs can predominate; Both: wall of separation 3. The Gobitis ruling was reversed by the ruling between church and state; Free Exercise Clause: in West Virginia State Board of Education v. the right to hold any religious beliefs is absolute Barnette. 6. Call on volunteers to explain their positions. 4. Answers will vary. Some students may contend Discuss students’ reasons with the class. that if such prayers neither favor nor discriminate
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358_365_C13S2_890908.indd 364 3/17/09 4:59:24 PM Supreme Court Cases to Debate
Can a Group Use Public Camp Grounds Class Debate for a Political Protest? Organize the class into three groups. Group A will represent Clark v. Community for Creative Non-Violence, 1984 the Community for Creative Non- Violence, Group B will represent emonstrations can bring the need for The Constitutional Issue the National Park Service, and public order into conflict with the rights D The Supreme Court stated, “The issue in this Group C will represent the of free speech and free assembly. Does the case is whether a National Park Service regulation First Amendment give groups the right to prohibiting camping in certain parks violates the Supreme Court. Have all three use public parks to promote political ideas? First Amendment when applied to prohibit dem- groups study this case and then onstrators from sleeping in Lafayette Park and the complete the following tasks: Background of the Case Mall.” The CCNV argued that sleeping in the tents In 1982 a group, the Community for Creative was essential to convey to people “the central Groups A and B: Write briefs Non-Violence (CCNV), applied to the National reality of homelessness.” Further, the group said detailing why the Constitution Park Service (NPS) for a permit to conduct the poor and homeless would not participate with- supports their respective round-the-clock demonstrations in Lafayette out the incentive of sleeping space and a hot meal. Park and the Mall in Washington, D.C. The The CCNV also claimed that while the camping positions. CCNV wanted to set up 60 large tents for over- might interfere with some park use, the NPS did night camping in both parks to call attention to not have a truly substantial governmental interest Group A: Select an “attorney” the problems of the homeless. The NPS issued the in banning camping. to present the CCNV’s case and permit but refused to allow the CCNV to sleep The NPS countered that the regulation against develop its arguments—in overnight in tents. Camping in national parks is sleeping except in designated campsites was not particular, why sleeping in the permitted only in campgrounds designated for targeted against the CCNV’s message about the that purpose, and no such campgrounds had homeless. The government did have a substantial park would convey a message ever been set up in either Lafayette Park or the interest in keeping the parks attractive and avail- that could not be expressed in Mall. The CCNV filed suit claiming a violation of able to the public. If non-demonstrators were not any other way. their First Amendment rights. A district court allowed to camp in the two parks, demonstrators ruled in favor of the NPS; the court of appeals should not be treated any differently, especially Group B: Select an “attorney” to then ruled for the CCNV. The case went to the when they could use other ways to get their politi- present the NPS’s defense—that cal message across to the public. Supreme Court. its regulation was not intended to target the CCNV or any other group with a “message”—and Debating the Issue develop its arguments. Group C: Be prepared to inter- Questions to Consider You Be the Judge rupt the presentations to ask In your opinion, did the NPS 1. What was the government’s questions or request clarifications. “substantial interest” in this case? regulation violate the First Amendment or did a substantial governmental After the presentations, meet and 2. Was the regulation intended to suppress the CCNV’s message? interest justify their ban? issue a written opinion. 3. What could be the far-reaching
consequence of allowing the CCNV ▲▲ The Court’s Decision to camp in the parks? Lafayette Park statue Provide students with the fol- lowing information about the CHAPTER 13: Constitutional Freedoms 365 Court’s actual decision. Debating the Issue Answers The Court ruled 7 to 2 to uphold the NPS ban on camping as a 358_365_U5C13S2_879982.indd 365 11/14/08 10:35:39 AM Questions to Consider is restricted could be opened up for reasonable restriction on the 1. The government’s interest was in enforc- camping. Excessive camping might way in which First Amendment ing NPS regulations and in keeping damage those sites. Other regulations rights could be exercised. Justice Lafayette Park and the Mall available to might be ignored. Byron White, writing the majority and clean for visitors, interests that opinion, stated: “The regulation camping onsite would compromise. You Be the Judge is neutral with regard to the 2. It had nothing to do with the CCNV’s It is likely that not all students will agree message presented, and leaves message—it was “content neutral.” that allowing camping at these two sites open ample alternative methods 3. Possible answers: Any part of the would have violated a “substantial of communicating the intended National Park System in which camping governmental interest.” message. . . .”
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358_365_C13S2_890908.indd 365 3/17/09 4:59:30 PM SECTION 3 CHAPTER 13, SECTION 3 Focus Freedom of Speech Reader’s Guide Bellringer Content Vocabulary Academic Vocabulary Reading Strategy ★ pure speech (p. 366) ★ categories (p. 366) As you read, use a graphic organizer similar to the one below Section Focus Transparencies ★ symbolic speech (p. 366) ★ require (p. 367) to list the types of speech that are protected and that are not 13-3 ★ seditious speech (p. 368) ★ presumed (p. 369) protected by the First Amendment. ★ defamatory Protected Not Protected Copyright © Glencoe/McGraw-Hill, a division of The McGraw-Hill Companies, Inc. ANSWERS 1. Congress passed the Flag Protection Act of 1989. UNIT 2. It is considered to be legal symbolic speech. speech (p. 369) 5 SECTION FOCUS 3. Answers will vary but should recognize that the TRANSPARENCY 13-3 American flag is one of the most powerful and important symbols of the United States. ★ Flag Burning—A Constitutional Expression of Symbolic Speech? slander (p. 369)
1 How did Congress 2 What is the current 3 Why do you think respond to the Texas v. constitutional status of flag burning is such a ★ libel (p. 369) Johnson ruling? flag burning? controversial issue?
1976 Sutherland v. Illinois—Supreme Court ruled that burning the American flag was not symbolic speech.
1989 Texas v. Johnson—Supreme Court ruled that burning the flag was protected by the First Amendment as Issues in the News symbolic speech.
1989 Federal Flag Protection Act of 1989 made flag burning illegal.
1990 United States v. Eichman—Supreme Court declared an the department of motor vehicles prevent you from the Flag Protection Act of 1989 unconstitutional. Cexpressing your opinion on your license plate? Not according to a federal appeals court. In an Arizona case, the court ruled that state officials had violated the free expres- sion rights of an antiabortion group, Arizona Life Coalition. The group wanted to order a license plate reading “Choose Reader’s Guide Life” from the state. When the state refused, the group sued. The state argued that it had the right to control expression Answers to Graphic: on state-issued plates, but the appeals court disagreed. In ▲▲ Protected: pure speech, some the 3 to 0 ruling, a judge said that the state “clearly denied the A state motor vehicle office where plate application based on the nature of the message.” requests are processed symbolic speech Not Protected: seditious speech, speech that presents a clear and present danger, he Arizona case underscores an important armbands to protest a school policy engaging in defamatory speech, fighting point. Democratic government demands that an act of “speech” that is protected by the First Teveryone have the right to speak freely. Most Amendment? Is demonstrating in front of a gov- words, student speech Americans agree with this principle and certainly ernment building to protest a new law a form of they want freedom of speech for themselves. When speech? To answer these questions, the Supreme it comes to opinions they disagree with, however, Court has distinguished two categories of speech they may be tempted to deny freedom of speech. that the First Amendment protects. The First Amendment exists to protect the Pure speech, the verbal expression of thought expression of unpopular ideas—popular ideas need and opinion before an audience that has chosen to little protection. Those who support democracy listen, is the most common form of speech. Pure value the right of expression for people with speech may be delivered calmly in the privacy of different opinions from their own. one’s home or passionately in front of a crowd. Because pure speech relies only on the power of words to communicate ideas, the Supreme Court Types of Speech traditionally has provided the strongest protection What is meant by the word speech when we talk for pure speech against government control. about freedom of speech? Clearly, talking with Symbolic speech—sometimes called expressive neighbors or addressing the senior class in a school conduct—involves the use of actions and symbols, in Resource assembly is speech. Are students who wear black addition to or instead of words, to express opinions. Manager 366 UNIT 5: Liberty and Justice for All
R Reading C Critical D Differentiated W Writing S Skill Strategies Thinking366_370_U5C13S3_879982.indd 366 Instruction Support Practice 11/14/08 11:39:04 AM Teacher Edition Teacher Edition Teacher Edition Teacher Edition Additional Resources • Identifying, p. 367 • Differentiating, p. 367 • Interpersonal, p. 368 • Personal Writing, • Part. in Gov. Act., p. 369 pp. 25–26 Additional Resources Additional Resources Additional Resources • Guid. Read. Act., p. 47 • Read. Essen., • Foldables, p. 56 Additional Resources • Quizzes/Tests, p. 157 pp. 140–142 • Gov. Sims. and • Supreme Ct. Case Debates, pp. 22–28 Studies, pp. 39–40, 69–70, 77–78, 105–106, 129–130, 131–132
366_370_C13S3_890908.indd 366 3/17/09 5:00:17 PM During the Vietnam War, for example, protestors Des Moines School District (1969), it said students burned their draft cards or burned the American flag had the right to wear black armbands in school to CHAPTER 13, SECTION 3 to express opposition to the war. Because symbolic protest the Vietnam War. speech involves actions, the government can some- In Texas v. Johnson (1989), the Court held that times restrict it in ways that do not apply to pure flag burning was protected symbolic speech. On speech—for example, if it endangers public safety. the same principle, the Court said in United States Teach An early case on symbolic speech arose in 1931 v. Eichman (1990) that the federal Flag Protection at a time when some Americans were concerned Act of 1989, which made flag burning a crime, was C Critical Thinking about communism. A California state law prohib- unconstitutional. In other cases, the Court came ited public display of a red flag (associated with down on the other side, saying that the right to Differentiating Have students communism) “as a sign, symbol or emblem of privacy was more important than the right to propose situations involving the opposition to organized government.” This part of expressive speech. In Frisby v. Schultz (1988), the two types of speech (pure and the state law did not require that the flag’s display Court held that a city can limit protestors from incite violence. The Court’s decision in Stromberg picketing in front of a private residence. In Hill symbolic) and write them on index v. California struck down the state law, saying it v. Colorado (2000), the Court upheld a Colorado cards. Collect the cards, read aloud was so vague that it could lead to punishing legal C law prohibiting groups from approaching individu- several examples, and have the opposition to government. als within 100 feet of a health facility to speak to In addressing symbolic speech, the Court has them or give them literature. Groups may take such class determine the type of speech generally followed a three-part test established in actions only if they are given consent to do so. that each example represents. OL 1968 in United States v. O’Brien. The government upheld the arrest of four young men who burned their draft cards to protest the Vietnam War. Regulating Speech R Reading Strategy The Court ruled that a government can regulate or Because free speech must be balanced against Identifying Ask: According to forbid expressive conduct if the regulation (1) falls the need to protect society, some restraints on pure within the constitutional power of government, R speech do exist. Congress and state legislatures, the three-part test established (2) is narrowly drawn to further a substantial gov- in United States v. O’Brien, when ernment interest unrelated to the suppression of See the following footnoted materials in the Reference Handbook: can the government regulate or free speech, and (3) leaves ample alternative com- 1. United States v. O’Brien case summary, page R36. forbid expressive conduct? (The munication outlets. 2. Tinker v. Des Moines School District case summary, page R35. 3. Texas v. Johnson case summary, page R34. regulation must satisfy all three Since this decision, the Court has made several 4. United States v. Eichman case summary, page R35. rulings that protect symbolic speech. In Tinker v. 5. Frisby v. Schultz case summary, page R27. of the following: falls within the constitutional power of the Symbolic Speech government; furthers a substantial government interest unrelated to Demonstrative free speech; and leaves sufficient Actions During the communication alternatives.) BL Vietnam War, thousands of defiant young people challenged the idea that citizens have a military Caption Answer: Answers obligation to their country. Many young Americans might include wearing arm- burned their draft cards in bands or buttons, flag burning, protest. What methods of wearing ribbons or certain symbolic speech are used today? colors of clothing, and so on.
Additional Support CHAPTER 13: Constitutional Freedoms 367
Activity: Collaborative Learning 366_370_U5C13S3_879982.indd 367 11/14/08 11:39:26 AM Classifying Organize students into two the guarantee or lack thereof, choose examples groups—one to represent actions that and classify each example as pure speech or freedom of speech guarantees and one to symbolic speech, explain how Supreme Court represent actions that freedom of speech does rulings have defined such actions, or relate the not protect. Have students in both groups group’s category to student rights and choose one of the following tasks: summarize freedoms. OL
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366_370_C13S3_890908.indd 367 3/17/09 5:00:22 PM for example, have outlawed seditious speech— that his actions violated the 1917 Espionage Act, a CHAPTER 13, SECTION 3 speech urging resistance to lawful authority or law that made it a crime to “willfully utter, print, write, advocating the overthrow of the government. How or publish any disloyal, profane, scurrilous or abusive D far can government go in limiting free speech? language” about the government. Schenck said his Differentiated When does speech lose the protection of the First actions were protected by the First Amendment. D Instruction Amendment? Different philosophies about free The Court upheld the conviction. It said that speech have emerged as the Court has wrestled ordinarily the First Amendment would protect Interpersonal People who with the issue. During the twentieth century, the Schenck’s expression, but not during wartime: enjoy having the right of free Court has developed three constitutional tests, or general guidelines, to use in examining free speech “ The question in every case is whether the speech for themselves sometimes cases. They are: (1) the “clear and present danger” words used are used in such circumstances wish that the same freedom was rule, (2) the bad tendency doctrine, and (3) the pre- and are of such a nature as to create a clear not available to people whose ferred position doctrine. and present danger that they will bring about the substantive evils that Congress views they find distasteful. Have Clear and Present Danger has a right to prevent. . . . When a nation students prepare and present skits When the speech in question clearly presents an is at war many things that might be said on one of the following situations: immediate danger, the First Amendment does not in time of peace . . . will not be endured protect it. If a conflict between free expression and [and] . . . no Court could regard them as • a Vietnam War protester being public safety occurs, judges often rely on this test. protected by any constitutional right.” confronted by a war veteran, Justice Oliver Wendell Holmes, Jr., developed the —Justice Oliver Wendell Holmes, Jr., 1919 “clear and present danger” test in Schenck v. United • a reporter’s reaction to the States (1919). During World War I, Charles Schenck, Later that same year, Justice Holmes interpreted Court’s ruling in Schenck or a member of the Socialist Party, was convicted of things differently in another case. A man named Abrams and two of his friends were arrested for dis- Yates, printing and distributing leaflets that urged draftees to obstruct the war effort. The government claimed tributing leaflets condemning President Woodrow • a city council meeting at which a Wilson for sending troops to fight in the Russian Civil Liberties and Terrorism civil war against communist revolutionaries. In radically right-wing or left-wing Abrams v. United States, the Court’s majority ruled group’s petition for a parade again that the Espionage Act was constitutional— Survey Question: Do We Need to Sacrifice Abrams could not criticize the government because permit is being discussed, or Some Civil Liberties to Curb Terrorism?* he was presenting a clear and present danger. a school principal discussing In his dissent, Justice Holmes refined the standard • Yes No Don’t “appropriate” speech with a Know for clear and present danger. He argued that Abrams was not really hurting the war effort. Holmes did not Mid-September 2001 55 35 10 guest speaker. give the Court an easy test for future cases, but his Follow up the skit presentations June 2002 49 45 6 defense of free speech is justly famous. People will come to understand, he wrote, that the good is with class discussion. OL August 2003 44 50 6 better reached by a free trade in ideas and: July 2004 38 56 6 “ . . . that the best test of truth is the power Caption Answer: The terrorist of the thought to get itself accepted in the July 2005 40 53 7 competition of the market, and that truth attacks on September 11, 2001; is the only ground upon which their wishes students should suggest that September 2006 43 50 7 safely can be carried out. That at any rate the devastation of the attacks January 2007 40 54 6 is the theory of our Constitution. It is an led people to believe that more experiment, as all life is an experiment.” *Adapted From Pew Research Center, Trends in Political Values and Core Attitudes: 1987-2007 should be done to stop —Justice Oliver Wendell Holmes, 1919 terrorism. Critical Thinking What event in 2001 The Bad Tendency Doctrine correlates with the highest percentage Some Supreme Court justices did not think that for a “yes” answer to the survey? Can you the “clear and present danger” principle was enough suggest why? to protect the government’s interests and wanted a Differentiated more restrictive standard. In 1925 the Court held Instruction 368 UNIT 5: Liberty and Justice for All
Leveled Activities 366_370_U5C13S3_879982.indd 368 11/25/08 6:22:32 AM ELL Interpreting Political BL Reading Essentials and OL Supreme Court Case AL Source Readings, 106_165_RESG_891360.indd Page 140 12/11/08 4:37:07 AM elhi-4 /Volumes/122/GO00254/USG_Ancillaries_2010%0/Reading_Essentials_and_Study_Guid... 21_30_IPC_891366.indd Page 25 11/20/08 10:59:34Cartoons, PM admini /Volumes/122-1/GO00255/USG_Ancillaries_2010%0/Making_It_Relevant_Transparen p. 25 ci... Study Guide, p. 140 Studies, p. 37 p. 13
Name Date Class Name Date Class Name Date Class Name Date Class
Source Reading ★★★★★★★★★★★ Interpreting Political Cartoons 13 13, 3 Supreme Court Case Study 19 13 Constitutional Freedoms For use with textbook pages 366–370. Constitutional Freedoms Wartime Freedom of Speech DIRECTIONS: The Fourth Amendment of the U.S. Constitution forbids unreasonable searches and F REEDOM OF SPEECH As you read the following selection, think about the ways that the mean- seizures. The basic requirement on the government is that the police must get a search Schenck v. United States, 1919 ing of free speech, freedom of the press, and freedom of assembly have changed over the years. warrant from a judge to search a person’s property when there is suspicion that a crime On a separate sheet of paper, complete the activities that follow. has been committed. Over the years, the Supreme Court has made a number of exceptions CONTENT VOCABULARY ★★★★★★★★★★★★★★★★ Background of the Case ★★★★★★★★★★★★★★★★ to this requirement. Electronic searches and wiretaps also require warrants, but with the The freedom of speech guarantee of the First Amendment was not tested in the Supreme increased fear of international terrorism, President George W. Bush engaged in large-scale pure speech The verbal expression of thought and opinion before an audience that has chosen to listen from Freedom of Speech, Press, and Assembly Court for more than 100 years after the adoption of the Constitution, despite the number of use of warrantless searches on U.S. citizens in the interest of national security. Did the (page 366) BY DARIEN A. MCWHIRTER federal and state laws that placed limits on free speech during that period. When the United president have constitutional authority to spy on citizens without a warrant if the main symbolic speech Using actions and symbols to express opinions—also called expressive conduct (page 366) States entered World War I in 1917, the federal government felt that it had to protect itself purpose was to collect foreign intelligence? seditious speech Speech urging resistance to lawful authority or advocating the overthrow of the hen we look back on the twentieth century we see a remarkable story of the expansion of the rights government (page 367) against efforts to influence people to oppose the war. Therefore, it passed the Espionage Act, Wof free speech, press, and assembly. In no other area has the Court changed its collective mind so This cartoon was drawn in 2005, four years after the terrorist attacks of September 11, defamatory speech False speech that damages a person’s good name, character, or reputation (page 369) which made it a crime to cause or attempt to cause insubordination in the armed forces, many times, and each time it has been in order to expand these rights....In 1907 only one justice could obstruct recruitment or enlistment, and otherwise urge, incite, or advocate obstruction or 2001. Study the cartoon and answer the questions that follow: slander False speech intended to damage a person’s reputation (page 369) see a constitutional problem with judges holding a newspaper in contempt of court for criticizing resistance to the war effort. their decisions. In 1941 the Court ruled that the rights of free speech and free press protected the right libel False written or published statements intended to damage a person’s reputation (page 369) to criticize government officials, even judges. In 1940 the Court ruled that schoolchildren could be Charles Schenck, who was general secretary of the Socialist Party in the United States, expelled for refusing to say the Pledge of Allegiance to the American flag. By 1943 the Court had changed carried on a campaign encouraging young men to resist the wartime draft. He mailed its collective mind and found that the right to speak included the right not to speak, at least under thousands of circulars to men who had passed exemption boards and to men who had been DRAWING FROM EXPERIENCE these circumstances. drafted. In the circulars he declared that the draft was unconstitutional despotism and urged Early on the Court tried to list types of speech that were not protected by the First Amendment. The the men to assert their rights to resist the draft. Further, he claimed that the Thirteenth Has anyone ever told lies about you? Did the lies make you look bad to other people? This kind of gossip list was long and included obscenity, libel, fighting words, and words that might, at some time, result in Amendment, which banned involuntary servitude except as punishment for committing a revolution or violence. . . . With each passing decade this list has gotten shorter and shorter; today the is called slander. It is one of several kinds of speech the First Amendment does not protect. crime, was violated by the conscription act and that a conscript was little better than a convict. only speech not entitled to at least some protection is speech that is likely to lead to immediate violence,
This section focuses on the kinds of speech the First Amendment does and does not protect. Copyright © Glencoe/McGraw-Hill, a division of The McGraw-Hill Companies, Inc. The circular declared, “If you do not assert and support your rights, you are helping to deny what the Court calls “fighting words.” . . . or disparage rights which it is the solemn duty of all citizens and residents of the United States How could the Supreme Court change its mind so many times and still argue that it follows the doc- READING STRATEGIES to retain.” He described arguments in favor of the draft as coming from cunning politicians trine of stare decisis? The answer lies in the Court’s conception of its role in the U.S. legal system. Once and a mercenary capitalist press. For these actions Schenck was convicted of conspiracy to the Court has interpreted a federal statute, it almost never changes its mind. The argument is that if the Use the graphic organizer below to list the types of speech that are protected and that are not protected violate the Espionage Act by attempting to obstruct the recruitment of men into the United Court has misinterpreted the statute, Congress is always free to amend the statute, to correct the Court’s by the First Amendment. States’s armed forces. Schenck challenged his conviction on the grounds that his First misinterpretation....When it comes to interpreting the Constitution, however, only the Supreme Court Amendment rights had been violated. can say what the Constitution means, and only a later Court can overturn an interpretation by an ear- Protected Not Protected lier Court. Because of this, the Court has been more willing to change its mind when interpreting the Constitution. Also, the Court has generally considered decisions that expand the rights of Americans to onstitutional Issue ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ C be fundamentally different from decisions that contract those rights. A majority of justices have been The Court had to decide whether Schenck had been properly convicted and whether the comfortable expanding rights to deal with new situations, even if previous Supreme Courts were not Espionage Act was constitutional in the light of the free speech guarantees of the First ready to do so.... Amendment. Was such a broad limitation on the right of free speech as the Espionage Act Inc. Companies, e McGraw-Hill allowed a violation of the First Amendment? Or was the fact that the Espionage Act was designed to protect the nation’s war effort a sufficient enough reason for the Supreme 368 Court to reject Schenck’s First Amendment defense? Copyright © by Th by © Copyright Copyright © by The McGraw-Hill Companies,Copyright The McGraw-Hill © by Inc. Copyright © by The McGraw-Hill Companies,Copyright The McGraw-Hill © by Inc. 1. Research the policy on banning books in your school district. How does it compare to the policies of ★★★★★★★★★★★★★★ The Supreme Court’s Decision ★★★★★★★★★★★★★★ other school districts in your state? Prepare a short presentation on what you have found. Source: © Copyright 2005 John Trever – All Rights Reserved. The Court ruled unanimously that the Espionage Act was constitutional and affirmed that 2. Research a recent or current Supreme Court ruling that relates to freedom of speech, press, or assembly. Schenck was guilty of having violated the act. Justice Oliver Wendell Holmes, Jr., wrote the Create a table showing the issue, the prosecution and the defense arguments, and the main points of the Court’s opinion. The opinion was based on the idea that the First Amendment guarantees are majority and minority opinions of the Court. not absolute and must be considered in the light of the setting in which supposed violations occur. Holmes wrote, “We admit that in many places and in ordinary times the defendants in (tid)
366_370_C13S3_890908.indd 368 3/17/09 5:00:25 PM in Gitlow v. New York that speech could be restricted even if it had only a tendency to lead to illegal action, CHAPTER 13, SECTION 3 establishing the “bad tendency doctrine.” Since the 1920s, the Supreme Court has not often used this doctrine. Some Americans do argue, however, Caption Answer: According to that society’s need for order justifies any damage to basic freedoms. the preferred position doctrine, free speech is a fundamental The Preferred Position Doctrine freedom. Any law limiting free Developed in the 1940s, the preferred position speech should be presumed doctrine holds that First Amendment freedoms are more fundamental than other freedoms because unconstitutional unless the they provide the basis of all liberties. Thus, First government can prove that the Amendment freedoms hold a preferred position law is absolutely necessary. over competing interests. Any law limiting these freedoms should be presumed unconstitutional unless it can be shown to be absolutely necessary. Sedition Laws W Writing Support Petitioning for Change Citizens can The Espionage Act of 1917 expired at the end of Personal Writing Have students World War I. Later, in the 1940s and 1950s, Con- express their opinion by signing petitions on a gress passed three sedition laws that applied in public issue. Grady Thrasher of Athens, Georgia, write an essay in which they peacetime as well as during war. One of these, the started a petition drive in 2008 against having a explain whether they believe it federal animal research lab in his community. Smith Act, made it a crime to advocate revolution. is ever acceptable for the govern- What did the Supreme Court say about free speech In Dennis v. United States (1951), the Court applied in its preferred position doctrine? ment to restrict free speech. If the “clear and present danger” test to uphold the conviction of 11 Communist Party leaders under the students think it is sometimes act. In later cases, however, the Court sharply acceptable, they should explain W narrowed its definition of seditious speech. “fighting words” fall outside the First Amendment, under what circumstances. If they In Yates v. United States (1957), the Court as do some forms of student speech. think it is never acceptable, they overturned convictions of several other Commu- nist Party members. It decided that it cannot be Defamatory Speech should explain why they believe illegal merely to say that the government should be The First Amendment does not protect defama- government should never be overthrown and distinguished between urging tory speech, or false speech that damages a person’s allowed to abridge freedom good name, character, or reputation. Defamatory people to believe an action was necessary and urg- of speech. OL ing them to take that action. In Brandenburg v. speech falls into two categories. Slander is spoken; Ohio (1969), the Court further narrowed its defi- libel is written. Someone who commits slander or nition of seditious speech. A Ku Klux Klan libel may be sued in a civil court and ordered to pay Landmark Case leader, Clarence Brandenburg, was arrested for damages for making false, damaging statements about someone else. giving a speech at a Klan rally where he said that See Gitlow v. New York and Dennis some “revengeance” against the government might The Court has limited the right of public offi- occur if it continued to “suppress the white, Cau- cials, however, to recover damages for defamation. v. United States in the Supreme casian race. . . .” The Court ruled in favor of In New York Times Co. v. Sullivan (1964), the Court Court Case Summaries in the Brandenburg, declaring that under the First determined that even if a newspaper story about an Reference Handbook and Case Alabama police commissioner was false, it was pro- Amendment he was free to advocate force as he Studies 20 and 35 in the Supreme did. If his speech incited people to use force, then tected speech unless the statement was made with his speech could be suppressed. the knowledge that it was false, or with reckless dis- Court Case Studies booklet. regard for whether or not it was false.
Other Unprotected Speech See the following footnoted materials in the Reference Handbook: 1. Gitlow v. New York case summary, page R28. Other forms of speech, less protected than 2. Dennis v. United States case summary, page R26. 3. Yates v. United States case summary, page R37. so-called seditious speech, are not protected by 4. Brandenburg v. Ohio case summary, page R24. the First Amendment. Defamatory speech and 5. New York Times Co. v. Sullivan case summary, page R31. Hands-On Chapter Project CHAPTER 13: Constitutional Freedoms 369 Step 3 Creating a Class Poster the class vote on the one they prefer. The designs can be submitted as sketches for one 366_370_U5C13S3_879982.inddStep 3693: Organizing Information Students 11/14/08 11:39:56 AM panel, using imaginary text, but should show will summarize their findings. the sizes and locations of text and photos. Each Directions Ask students to condense their panel should list the constitutional right as research into concise entries for the poster, its title and include for each event the date, similar to the fictitious example used in Step 2. location, event summary, right denied, and If they have not located photos for the one or two photos. OL examples, they should do so in Step 3. (Chapter Project continued in Section 4.) Putting It Together Ask three volunteers to design a format for the entire poster and have
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366_370_C13S3_890908.indd 369 3/17/09 5:00:36 PM CHAPTER 13, SECTION 3 The Court allowed some defamatory speech Student Speech Cases about public officials. It was afraid that if people Landmark Case could be sued for their statements, it might silence Two landmark cases have criticism of government. Since the 1960s, the jus- addressed how the First Amendment is applied to tices have extended this protection to statements student speech. In the 1969 case of Tinker v. Des about public figures in general. Political candidates Moines, the Court said that students do not give In Morse v. Frederick (better are included, but so are professional entertainers up all their free speech rights while in high school. A later case, Hazelwood School District v. Kuhl- remembered as the “BONG and athletes as well as private citizens who become meier (1988), however, limited student speech in HITS 4 JESUS” case, for the newsworthy. In Hustler Magazine v. Falwell (1988), for example, the Court ruled that Reverend schools. The Court held that school officials banner that got the student Jerry Falwell, a well-known conservative minister, have broad authority to regulate student speech into trouble), the Supreme could not collect damages for words that might in school-sponsored newspapers, theatrical produc- intentionally inflict emotional distress. tions, and other activities. Justice Byron White Court ultimately ruled in favor drew a distinction between “a student’s personal of the school principal, noting: “Fighting Words” expression”—which is protected—and speech that “The First Amendment does In 1942 the Supreme Court ruled that some occurs “as part of the school curriculum.” Another not require schools to tolerate words are so insulting that they provoke immediate decision that had the effect of narrowing students’ First Amendment rights and expanding the author- at school events student expres- violence. Such “fighting words” do not constitute protected speech. The Court upheld a state law that ity of school officials was Bethel School District v. sion that contributes to [the prohibited any person from speaking “any offensive, Fraser (1986). In Bethel, the Court ruled that dangers of illegal drug use].” derisive, or annoying word to any other person who the First Amendment does not prevent school offi- is lawfully in any street or public place.” In Chaplinsky cials from suspending students for lewd or indecent v. New Hampshire (1942), the Court held that cer- speech at school events even though the same tain well-defined and narrow classes of speech, such speech would be protected outside the school. The as “the lewd and obscene, the profane, the libelous, and Court held that school officials can decide “what Assess the insulting” or “fighting words,” have never been manner of speech in the classroom or in school assembly is appropriate.” More recently, the Court Assign the Section 3 Assessment seen as a constitutional issue because such speech tends to “incite an immediate breach of the peace.” placed further limits on students’ free speech as homework or as an in-class rights. In Morse v. Frederick (2007), the Court activity, or have students take See the following footnoted materials in the Reference Handbook: ruled that school officials may punish students 1. Hustler Magazine v. Falwell case summary, page R28. for displaying a banner at a school-sponsored Section Quiz 13-3 from Section 2. Chaplinsky v. New Hampshire case summary, page R25. 3. Hazelwood School District v. Kuhlmeier case summary, page R28. event that officials believed condoned the use of Quizzes and Chapter Tests. 4. Bethel School District v. Fraser case summary, page R24. illegal drugs.
Close SECTION 3 Review Summarizing Have students use the content vocabulary terms Vocabulary 5. Organizing Use a Defamatory Speech in this section to explain the differ- 1. Explain the significance of: pure speech, symbolic speech, diagram like the one shown here to explain Slander Libel ence between speech that is pro- seditious speech, defamatory speech, slander, libel. the difference between tected and speech that is not Main Ideas slander and libel. protected under the First 2. Identifying What three tests does the Supreme Court use Amendment. OL to set limits on free speech? Writing About Government 3. Describing What types of speech does the First 6. Persuasive Writing The Supreme Court has held that Amendment not protect? First Amendment freedoms are more fundamental than others. Read a Court decision in this chapter and write a Critical Thinking brief outline of the case you would present if you were 4. Making Comparisons How does freedom of speech in the going to argue the case before the Court. Take whichever United States differ in wartime and in peacetime? Refer to side of the argument you wish. You might also want to do Section 3 Review Supreme Court decisions in your answer. additional research to strengthen your position.
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Answers 366_370_U5C13S3_879982.indd 370 11/14/08 11:40:05 AM 1. All definitions can be found in the section and 4. Speech that is considered seditious during war the Glossary. [Schenck v. U.S. (1919), Abrams v. U.S. (1919), 2. clear and present danger—speech presenting and U.S. v. O’Brien (1968)] was protected in immediate danger is not protected; bad peacetime [Yates v. U.S. (1957) and Brandenburg tendency—speech can be restricted even if it v. Ohio (1969)]. only tends to lead to illegal action; preferred 5. Slander: spoken position—speech should not be limited unless Libel: written absolutely necessary 6. Evaluate outlines according to their level 3. seditious speech, defamatory speech, “fighting of detail. words,” and certain types of student speech
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366_370_C13S3_890908.indd 370 3/17/09 5:00:42 PM SECTION 4 CHAPTER 4,13, SECTION SECTION 1 4 Freedom of the Press Focus Reader’s Guide Content Vocabulary Academic Vocabulary Reading Strategy Bellringer ★ prior restraint (p. 371) ★ outcome (p. 372) As you read, create a graphic organizer similar to the one below Section Focus Transparencies ★ sequester (p. 373) ★ exclusion (p. 373) to analyze how trial judges deal with the conflict between ★ gag order (p. 373) ★ transmission (p. 374) freedom of the press and a defendant’s right to a fair trial. 13-4 ★ shield laws (p. 374)
Copyright © Glencoe/McGraw-Hill, a division of The McGraw-Hill Companies, Inc. ANSWERS 1. One possibility is that pretrial publicity may make it difficult to find UNIT jurors who have not already formed an opinion. 2. Answers will vary, 5 SECTION FOCUS but students should demonstrate an understanding of the constitutional TRANSPARENCY 13-4 issues that are involved. 3. Answers will vary, but students should be Freedom of Right to a able to give reasoned, thoughtful answers. the Press Fair Trial Some Freedom of the Press Issues 1 How might pretrial 2 Do you think the 3 Do you think reporters publicity tip the government should be should be forced to balance against the able to limit obscenity on disclose their sources? right of the accused to the Internet? have a fair trial?
The status of new technologies such as E-mail and the Internet
Freedom from National The accused’s The public’s government security right to a right to know Issues in the News censorship fair trial
The press’s need to The government’s need protect sources and to have the information ecently, a new twist arose in a case that focused on the First maintain continued and know the source access to information of the information R Amendment. A Web site, Wikileaks, published documents claiming to reveal unethical behavior at a bank, but the bank said the Web site violated the bank’s right to privacy. When a judge issued a restraining order shutting down the site, several groups complained. They said the judge’s order amounted to prior restraint—restraining expression before any actual violation of Reader’s Guide free speech occurs, a violation of the First Amendment. In the words of the groups’ lawyer, Paul Levy, “the court had muzzled a very Answers to Graphic: important voice in the fight against corporate and government mis- Freedom of the Press: gag deeds.” The bank’s lawyer was equally assertive: “. . . individual orders unconstitutional privacy rights outweigh the right of the press. . . . If financial indus- Both: Press given access to the try customers do not think their information is protected, [banks] ▲▲As in the Wikileaks case, freedom can go out of business.” of the press sometimes conflicts court, except for some pretrial with other rights. hearings Right to a Fair Trial: can move s the Wikileaks case shows, the right of the freedom. In the United States, the Supreme Court the trial, limit reporters in the press to gather and publish information can has ruled that the press may be censored in advance courtroom, control reporters’ A conflict with other important rights. Most only in cases relating directly to national security. conduct in the courtroom, of the time, freedom of the press is protected because Two Court decisions illustrate this principle. it is closely related to freedom of speech. It moves isolate jurors and witnesses free speech one step further by allowing opinions to Near v. Minnesota from the press, sequester the be written and circulated or broadcast. In today’s This 1931 case concerned a Minnesota law jury, no right to withhold world, the press includes magazines, radio, televi- prohibiting the publication of any “malicious, sources sion, the Internet, and newspapers because of their scandalous, or defamatory” newspapers or maga- roles in spreading news and opinions. zines. An acid-tongued editor of a Minneapolis paper had called local officials “gangsters” and “grafters.” Acting under the state’s law, officials Prior Restraint Forbidden obtained a court injunction to halt publication. In many nations, prior restraint—censorship of By a 5 to 4 vote, the Supreme Court lifted the information before it is published—is a common injunction. The Court ruled the Minnesota law way for government to control information and limit unconstitutional because it involved prior restraint. Resource Manager CHAPTER 13: Constitutional Freedoms 371
R Reading C Critical D Differentiated W Writing S Skill 371_375_U5C13S4_879982.indd 371Strategies Thinking Instruction 11/14/08Support 10:37:31 AM Practice Additional Resources Teacher Edition Additional Resources Teacher Edition Teacher Edition • Guid. Read. Act., p. 48 • Drawing Conclusions, • Foldables, p. 56 • Expository Writing, • Researching, p. 372 • Quizzes/Tests, p. 158 p. 372 p. 375 • Evaluating, p. 373 Additional Resources Additional Resources • Vocab. Act., p. 13 Additional Resources • Hist. Docs. and • Read. Essen., Speeches, p. 13 pp. 143–145
371_375_C13S4_890908.indd 371 3/17/09 5:01:03 PM For years the Near case defined the Supreme The press [is] to serve the governed, not CHAPTER 13, SECTION 4 Court’s position on censorship. The Court stressed “ C the governors. . . . The press was protected that a free press means freedom from government so that it could bare the secrets of censorship. government and inform the people.” —Justice Hugo L. Black, 1971 Teach New York Times Co. v. United States The Supreme Court reaffirmed its position in C Critical Thinking New York Times Co. v. United States (1971)—widely Fair Trials and Free Press known as the Pentagon Papers case. In 1971 a Drawing Conclusions Write former Pentagon employee leaked to the New York Conflicts have also occurred between the First Times a secret government report outlining the Amendment’s freedom of the press and the Sixth censorship on the board. Invite Amendment’s right to a fair trial. Can the press students to share their thoughts history of American involvement in the Vietnam War. This report, which became known as the publish information that might influence the about this word and its negative Pentagon Papers, contained many government outcome of a trial? Can courts issue orders that connotations. Ask: In what kinds documents, including secret cables and memos. limit news gathering to increase the chances of a Believing the Pentagon Papers showed that fair trial and protect a jury’s deliberations? Can of situations, if any, do you think S reporters withhold sources of information that it might be reasonable to con- government officials had lied about the war, the New York Times began to publish parts of the report. The might be important to a trial? sider censoring information government tried to stop publication of the papers, or opinions? BL arguing that national security was at risk and that Sheppard v. Maxwell the documents had been stolen. The Court rejected Pretrial publicity and news stories about a crime the government’s claims. It ruled that stopping pub- can make it difficult to obtain a jury capable of S Skill Practice lication would be prior restraint. Justice William O. fairly deciding the case. Sensational crimes and Douglas noted that “the dominant purpose of the cases involving celebrities are particularly subject Researching Have students First Amendment was to prohibit the widespread to this problem. In Sheppard v. Maxwell (1966), locate and read the New York Times practice of governmental suppression of embarrass- the Supreme Court overturned the 1954 convic- issues in which the excerpts from ing information.” Justice Hugo L. Black added: tion of Samuel H. Sheppard for just such reasons. the Pentagon Papers appeared. Ask: Having read the leaked National Security versus Free Press material, do you think the public had a right to this information? The Court’s decision in New York Times Co. v. United ▲▲ Why or why not? AL States affected newspapers nationwide. Here the first edition of The Washington Post rolls off the presses immediately after the Court’s decision on Caption Answer: It ruled that June 30, 1971. the government could not stop ▼▼ Daniel Ellsberg, a Department of Defense employee, publication. leaked the Pentagon Papers to the New York Times, which began publishing them on June 13, 1971. Two days later, the government halted their publication. The case reached the Supreme Court Landmark Case in a record 10 days. Press Responsibility See New York Times Co. v. United What did the Supreme Court say States in the Supreme Court Case about the government’s actions in the Pentagon Papers case? Summaries in the Reference Hand- book and Case Study 55 in the Supreme Court Case Studies booklet. Additional Support 372 UNIT 5: Liberty and Justice for All
Activity: Collaborative Learning 371_375_U5C13S4_879982.indd 372 11/24/08 2:09:44 PM Illustrating Organize students into small motion picture media to illustrate. It might groups to create a mural depicting freedom be a good idea to have delegates from each of the press at work in American life today. group meet initially to make an overall plan Encourage students to use library resources for the mural and to delegate such tasks as and information from the Internet to find researching, sketching, coloring, lettering, additional information and illustrations for and so on. Have group representatives explain inspiration. Groups should choose different various elements of the finished mural to elements of the print, radio, television, and the class. OL
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371_375_C13S4_890908.indd 372 3/17/09 5:01:08 PM A Free but Restricted Press CHAPTER 13, SECTION 4
Justice and the Media One of the most highly publicized trials of the 1950s was that of Caption Answer: The judge Sam Sheppard, a Cleveland doctor may seek to keep trial informa- accused of murdering his pregnant tion out of the media to isolate wife (the movie The Fugitive is loosely based on this case). Sheppard’s the jury from outside pressures conviction was overturned in 1966 and ensure that the decisions of because of biased pretrial press coverage. In 2000 Sheppard’s son the jury are not biased by press tried to have his deceased father’s coverage. name cleared, but the jury did not find enough evidence to do so. Why would a judge bar the press from a courtroom or have a jury sequestered? C Critical Thinking Evaluating In Britain, once a person is arrested for a crime or an arrest warrant is issued, the A prominent Cleveland physician, Sheppard Press Access to Trials was convicted of killing his wife. The case attracted In the Nebraska case, reporters were permitted press is prohibited from publish- sensational press coverage. Pretrial news reports in court, even though the trial judge forbade the ing information about the case practically called Sheppard guilty. During the trial, press to report on the proceedings. In Gannett Co., that might prejudice the public reporters interviewed witnesses and published Inc. v. DePasquale (1979), the Supreme Court ruled (and, thereby, potential jurors). information that was damaging to Sheppard. that the public and press could be barred from The Supreme Court ruled that press coverage certain pretrial hearings if the trial judge found a The law is designed to protect a interfered with Sheppard’s right to a fair trial. “reasonable probability” that publicity would harm defendant’s right to a fair trial. Sheppard was later found not guilty. In the C the defendant’s right to a fair trial. Since then, Members of the media who Sheppard decision, the Court described several the Court has modified the Gannett decision, limit- violate the law can be charged measures judges might take to restrain coverage of ing the exclusion of the press to only pretrial hear- a trial. They could: (1) move the trial to reduce ings on the suppression of evidence. In Richmond with contempt of court and face pretrial publicity; (2) limit the number of reporters Newspapers, Inc. v. Virginia (1980) and later cases, a possible fine and/or jail time. in the courtroom; (3) control reporters’ conduct in the Court ruled that trials, jury selections, and Critics claim that the law violates the courtroom; (4) isolate witnesses and jurors preliminary hearings must be open to the press and the freedom of the press. Ask: Do from the press; and (5) have the jury sequestered, the public except under limited circumstances. or kept isolated, until the trial ends. you think such restrictions on Protecting News Sources pretrial press coverage help Gag Orders Unconstitutional Many reporters argue that to protect their confi- ensure a fair trial? Do you think After the Sheppard case, judges began to use “gag dential sources, they have the right to refuse to tes- the United States should consider orders” to restrain the press. A gag order is an order tify in court. But what if a reporter has information by a judge barring the press from publishing certain the defense or the government needs? In three 1972 changing the Constitution to types of information about a pending court case. cases that were considered together, the Supreme permit such restrictions? In October 1975, a man killed six members of Court said that reporters have to surrender evidence (Encourage students to consider a Nebraska family. Details of the crime were so because the First Amendment does not give them how the media coverage of high- sensational that a local judge prohibited news special privileges. The Court added that special stories about the pretrial hearing. The gag order exemptions must come from Congress and the profile trials can make it difficult to was challenged and eventually came to the Supreme find unbiased jurors.) OL AL Court as Nebraska Press Association v. Stuart (1976). The Court ruled that the Nebraska gag See the following footnoted materials in the Reference Handbook: 1. Nebraska Press Association v. Stuart case summary, page R31. order was too vague and too broad to satisfy the 2. Gannett Co., Inc. v. DePasquale case summary, page R27. First Amendment. 3. Richmond Newspapers, Inc. v. Virginia case summary, page R33. Differentiated Instruction CHAPTER 13: Constitutional Freedoms 373
Activity: Multiple Learning Styles 371_375_U5C13S4_879982.indd 373 11/14/08 10:38:01 AM Verbal/Linguistic Some classic books that the Cupboard, by Lynne Reid Banks; Blubber, students enjoyed reading as children have by Judy Blume; James and the Giant Peach, by been challenged from time to time by local Roald Dahl; A Wrinkle in Time, by Madeleine groups as being “unfit.” Have students choose L’Engle; The Giver, by Lois Lowry; Bridge to one of these books, familiarize themselves with Terabithia, by Katherine Paterson; A Light it, and report on the possible challenges and in the Attic, by Shel Silverstein; The Cay, by relevant First Amendment protections: The Theodore Taylor. AL Stupids Step Out, by Harry Allard; The Indian in
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371_375_C13S4_890908.indd 373 3/17/09 5:01:15 PM CHAPTER 13, SECTION 4 The Constitution and the Press
Shield Laws Reporter Judith Miller walks with Caption Answer: A jury might New York Times publisher decide that national security Arthur Sulzberger, Jr., after needs outweigh the right of a testifying to a grand jury in 2005. Miller’s case was not reporter to protect his or her clear-cut because some sources. questioned her actions, but it alarmed many journalists who urged the passage of a federal shield law. What factors might influence a grand jury to force a reporter to name a source?
The Colonial Press Freedom of the press was an important issue in the British North American colonies. The libel trial of John Peter Zenger in 1735 set a prece- states. To date, 30 states have passed shield laws— Radio, Television, and Movies laws that give reporters some protection from dis- Because radio and broadcast television use pub- dent for this freedom. Zenger, the closing their sources in state courts. lic airwaves, they do not enjoy as much freedom as publisher of the New York Weekly In 2005 new issues were raised about whether other press media. Stations must obtain a license Journal, accused the governor of reporters can be forced to disclose their notes from the Federal Communications Commission when national security is at stake. Judith Miller, New York of corruption. As a result, (FCC), a government agency that regulates their a New York Times journalist, was jailed for refusing actions. Although Congress has denied the FCC the Zenger was arrested and charged to reveal the sources of certain stories. The stories right to censor programs before they are broadcast, with seditious libel. English com- were about an investigation into a leak that might the FCC can require that stations observe mon law called for criminal have revealed the identity of an active Central certain standards. In addition, it can punish sta- Intelligence Agency (CIA) agent. After almost punishment of anyone who tions that broadcast obscene or indecent language. three months in jail, Miller was released because Although cable television does not use public published statements that she agreed to testify: Miller’s explanation was airwaves, in Turner Broadcasting System, Inc. v. undermined the government, that her source had finally told her she was free FCC (1997), the Court ruled that cable operators regardless of their truthfulness. to do so. are also not entitled to maximum First Amend- There is no federal shield law, but even state Zenger’s attorney, Alexander ment protections because typically only one cable shield laws set limits on reporters. In the Miller company is operating in a community. The rul- Hamilton, argued that Zenger case, issues were muddied because the original ing states that cable operators deserve more First was not guilty because the accu- source of the leak was not immediately known. Amendment protection than other broadcasters, sations were true and free speech Many people also doubted Miller’s decision not to but less than newspaper and magazine publishers. testify, believing she was more interested in was a basic right of the British In 2000 the Court struck down the part of the publicity than principle. Telecommunications Act of 1996 that required cable people. The judge instructed the television to block or limit transmission of sexually jury that truth was not a defense oriented programs to protect young viewers. to seditious libel, but the jury Free Press Issues In United States v. Playboy, the Court decided that In writing the First Amendment, the Founders disagreed and found Zenger the cable operators’ First Amendment rights were thought of the press as printed material like books, violated because the law was too restrictive. not guilty. newspapers, and pamphlets. They could not fore- see the growth of technology that has created new See the following footnoted materials in the Reference Handbook: instruments of mass communication—and new 1. Turner Broadcasting System, Inc. v. FCC case summary, page R35. Hands-On issues regarding freedom of the press. 2. United States v. Playboy case summary, page R36. Chapter Project 374 UNIT 5: Liberty and Justice for All Step 4 Creating a Class Poster entries, photocopy the photos in the assigned format, and assemble their panels. Step371_375_U5C13S4_879982.indd 4: Presenting 374 Information 11/14/08 10:38:07 AM Visually Students will use the format they Analyzing Processes : Ask What have you selected for the poster to produce their panels. learned about working in groups during this project? OL Directions Provide each group with poster paper. Have students type and print their (Chapter Project continued in Section 5.)
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371_375_C13S4_890908.indd 374 3/17/09 5:01:17 PM Movies were the subject of a 1952 case, Burstyn In the Miller ruling, the Court stated: v. Wilson. The Court held that “liberty of expres- CHAPTER 13, SECTION 4 sion by means of motion pictures is guaranteed by “ It is neither realistic nor constitutionally the First and Fourteenth Amendments.” The Court sound to read the First Amendment as has also ruled, however, that movies can be treated requiring that the people of Maine or W Writing Support differently than books or newspapers. Mississippi accept . . . conduct found tolerable in Las Vegas, or New York City.” Expository Writing In Reno v. E-mail and the Internet —Chief Justice Warren Burger ACLU, the ACLU challenged the The Supreme Court has always given the high- constitutionality of the Communi- est level of free speech protection to print media. Since the Miller decision, however, the Court In Reno v. American Civil Liberties Union (1997), has stepped in to overrule specific acts by local cations Decency Act of 1996. Have the Court made a significant ruling that concerned authorities, making it clear that communities have students write an essay in which the Internet. The Court ruled that speech on limits on the right to censor. they agree or disagree with the the Internet was closer to print media than to ACLU’s argument that the govern- broadcast media. It determined, therefore, that Advertising Advertising is considered “commercial speech”— ment “cannot constitutionally Internet speech deserves the same level of First W Amendment protection. In the Reno decision, the speech that has a profit motive—and is given less reduce the adult population to Court declared unconstitutional a federal law protection under the First Amendment than purely reading and viewing only what is against sending pornographic material online in a political speech. In fact, advertisers have long faced appropriate for children.” OL way that makes it available to children. The Court strong government regulation and control. In the agreed that protecting children is important, but mid-1970s, however, the Supreme Court began to said: “The interest in encouraging freedom of relax controls. In Bigelow v. Virginia (1975), the expression in a democratic society outweighs any justices permitted newspaper advertisements for Assess theoretical but unproven benefit of censorship.” abortion clinics. Since then the Court has voided laws that ban advertising medical prescription Assign the Section 4 Assessment Obscenity prices, legal services, and medical services. It has as homework or as an in-class The Supreme Court and most other courts have also limited regulation of billboards, “for sale” signs, activity, or have students take supported the principle that society has the right and lawyers’ advertisements. Section Quiz 13-4 from Section to protection from obscene speech, pictures, and Quizzes and Chapter Tests. written material. After many attempts to define See the following footnoted materials in the Reference Handbook: obscenity, the Court finally ruled in Miller v. Cali- 1. Burstyn v. Wilson case summary, page R25. 2. Reno v. American Civil Liberties Union case summary, page R33. fornia (1973) that, in effect, local communities 3. Miller v. California case summary, page R30. should set their own standards for obscenity. 4. Bigelow v. Virginia case summary, page R24. Close Analyzing Ask students to SECTION 4 Review complete the following state- ments in as many ways as they Vocabulary 5. Analyzing Use a graphic organizer like the one shown to can: Because the Constitution 1. Explain the significance of: prior restraint, sequester, gag analyze the importance of the Supreme Court’s ruling in guarantees a free press, order, shield laws. Turner Broadcasting System, Inc. v. FCC. ______. Communications Decency Act Main Ideas Issue at Stake Court’s Ruling The Constitution guarantees 2. Describing When can the government exercise prior a free press because restraint on the press? ______. OL 3. Explaining What measures may a court take to restrain press coverage in the interest of a fair trial? Writing About Government 6. Expository Writing The issue of freedom of the press Critical Thinking traces back to the New York v. John Peter Zenger case. 4. Evaluating Are there any circumstances under which Research this case and explain how the results of this case reporters should be required to reveal or protect their relate to freedom of the press issues today. Present your confidential information or sources? Explain your answer. findings in a written summary and a comparison chart. Section 4 Review
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Answers 371_375_U5C13S4_879982.indd 375 11/24/08 2:09:52 PM 1. All definitions can be found in the section and jeopardized, reporters should not be shielded the Glossary. from mandatory disclosure. Others might argue 2. only in those cases relating directly to national that information that endangers someone security should not be revealed. 3. Courts may move or delay the trial to reduce 5. Issue at stake: freedom of speech and safe- pretrial publicity, limit the number of reporters guards on other media, such as the Internet; in the courtroom or place strict controls on their Court’s ruling: Speech on the Internet is conduct, isolate witnesses and jurors from the constitutionally protected. press, and sequester the jury. 6. Ask students to share their charts and 4. Some students might believe that when national summaries with the class. security, public safety, or individual rights are
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371_375_C13S4_890908.indd 375 3/17/09 5:01:20 PM SECTION 5 CHAPTER 13, SECTION 5 Focus Freedom of Assembly Reader’s Guide Bellringer Content Vocabulary Academic Vocabulary Reading Strategy ★ ★ Section Focus Transparencies picketing (p. 378) potential (p. 377) As you read, create a graphic organizer similar to the one ★ heckler’s veto (p. 379) ★ ensure (p. 377) below to list the ways government can regulate freedom 13-5 ★ survivor (p. 379) of assembly.
Copyright © Glencoe/McGraw-Hill, a division of The McGraw-Hill Companies, Inc. ANSWERS 1. number one and possibly number four 2. number UNIT two because it would be on private property 5 SECTION FOCUS 3. number three TRANSPARENCY 13-5
Freedom of Assembly
1 Which of the listed Regulations actions do you think might require a permit?
2 Which of the actions would probably be POSSIBLE ACTIONS against the law? Explain 1. Hold a parade on your answer. Main Street 2. Dem 3 Which action could be onstrate in the company’s employee held with no limitations cafeteria at all? 3. Invite company officials Issues in the News to a meeting at a group member’s home Angry citizens want 4. Demonstrate on the to demonstrate sidewalk in front of the against a company’s company’s headquarters hiring policies. 5. Place job application for n Wilkes-Barre, Pennsylvania, the city council decided ms on the cars of company officials Ithey would charge $20 to anyone wanting to demonstrate on public property. Many townspeople think the new ordi- nance is unconstitutional. Says resident Walter Griffin: “If I’m not in favor of something that happens here and I want to picket in front of this building, I can’t do that. . . . I don’t Reader’s Guide C think that’s fair to me as a taxpayer or as a citizen of the United States.” Bill Vinsko of the city’s solicitor’s office Answers to Graphic: defends the ordinance, saying it is intended only to make Regulations: sure adequate police protection is available for any demon- ▲▲ Picketing is a right that is protected under stration or rally. “If you apply for a permit, you’re going to get the First Amendment, which guarantees the permits may be required a permit.” Vinsko added that the ordinance was proposed right to petition the government for redress limits can be placed on protests after a disturbance at a St. Patrick’s Day parade. of grievances. on public property not usually open to public access demonstrations that disrupt he right at issue in Wilkes-Barre is in the First protected speech. Without this basic freedom, no others can be banned Amendment, which guarantees “the right of political parties and no special-interest groups could restrictions must apply to all Tthe people peaceably to assemble, and to exist to influence the actions of government. groups petition the Government for a redress of grievances.” The right applies not only to meetings in private DeJonge v. Oregon homes but also to public meetings. It protects the One of the Supreme Court’s first major deci- right to make views known to public officials and sions on freedom of assembly came in 1937 in the others by such means as petitions, letters, lobbying, case of DeJonge v. Oregon. Dirk DeJonge was con- carrying signs in a parade, and marching. victed for conducting a public meeting sponsored by the Communist Party. He claimed he was inno- cent because he had not advocated any criminal Protecting Freedom behavior but had merely discussed public issues. Voting unanimously to overturn DeJonge’s convic- of Assembly tion, the Court ruled Oregon’s law unconstitutional. Freedom of assembly is a right that is closely related Chief Justice Charles Evans Hughes wrote that to freedom of speech because most gatherings, no under the First Amendment, “peaceable assembly Resource matter how large or small, involve some form of for lawful discussion cannot be made a crime.” Manager 376 UNIT 5: Liberty and Justice for All
R Reading C Critical D Differentiated W Writing S Skill Strategies Thinking376_385_U5C13S5_879982.indd 376 Instruction Support Practice 11/14/08 10:38:22 AM Teacher Edition Teacher Edition Teacher Edition Teacher Edition Teacher Edition • Academic Vocabulary, • Analyzing Information, • Visual/Spatial, p. 379 • Persuasive Writing, • Summarizing, p. 380 p. 382 p. 377 p. 378 Additional Resources Additional Resources Additional Resources Additional Resources • Foldables, p. 56 Additional Resources • Inter. Poli. Cartoons, • Guid. Read. Act., p. 49 • Read. Essen., • Supreme Ct. Case • Source Readings, p. 13 pp. 25–26 • Quizzes/Tests, pp. 146–148 Studies, pp. 51–52 • Reteaching Act., p. 13 pp. 159–168
376_385_C13S5_890908.indd 376 3/17/09 5:01:38 PM The DeJonge case established two legal principles. The Court determined that the right of assembly is as Freedom to Assemble CHAPTER 13, SECTION 5 important as the rights of free speech and free press. Also, the Court ruled that the due process clause of the Fourteenth Amendment protects freedom of assembly from state and local governments. In other Teach words, this case was the one that incorporated free- dom of assembly to all levels of government. C Critical Thinking Assembly on Public Property Analyzing Information Ask Freedom of assembly includes the right to parade students to read “Issues in the and demonstrate in public. Because these forms of News” on the previous page. assembly usually occur in parks, in streets, or on C sidewalks, they could interfere with the rights of Ask: Do you see any lapse of others to use the same facilities. logic in the arguments given Conflicts also arise when parades and demonstra- by Walter Griffin or the city tions advocate unpopular causes. Demonstrations council? (Mr. Griffin complains have a high potential for violence because those with opposite views may launch counterdemonstra- that a $20 charge prevents him tions. The two sides may engage in heated verbal or from demonstrating but does not physical clashes. For this reason, parades and dem- say how. The city council did not onstrations can be subject to greater government regulation than exercises of pure speech and other say it banned picketing—only kinds of assembly. that it would charge $20. The city council’s response also is unclear Limits on Demonstrations Persuading Others Tony Madson was just one of those assembling to oppose the because a $20 fee would not cover To provide for public order and safety, many Ringling Bros. circus coming to town in the cost of “adequate police states and cities require that groups wanting to Chicago in 2005. Freedom of assembly brings protection.”) OL AL parade or demonstrate first obtain a permit. The minority opinions before fellow citizens where precedent for such regulation was set in Cox v. they can compete in the marketplace of ideas. New Hampshire (1941). Cox was one of several If there were no right to assemble, what would Jehovah’s Witnesses convicted of violating a law be the impact on democracy? Caption Answer: People would requiring a parade permit. He challenged his conviction on the grounds that the permit law not be able to demonstrate restricted his rights of free speech and assembly. their opposition to government grounds of a county jail without permission. The The Court voted to uphold the law, ruling that Court ruled that, while the jail was public property, actions or their support for the law was not designed to silence unpopular ideas, it was not usually open to public access. The state popular or unpopular causes. but to ensure that parades would not interfere with has the power, the Court reasoned, “to preserve the public use of the streets. In part, the decision said: This would limit the people’s property under its control for the use to which it is ability to influence their lawfully dedicated.” “ The authority of a municipality to impose government. regulations in order to assure the safety More restrictions on peaceable public assembly can apply, too, if the right of assembly clashes with and convenience of the people in the use of public highways has never been regarded the rights of others. In Cox v. Louisiana (1965), the as inconsistent with civil liberties. Court upheld a law banning demonstrations and ” parades near courthouses if they might interfere —Chief Justice Charles Evans Hughes, 1941 with trials. In Grayned v. City of Rockford (1972) the justices upheld a ban on demonstrations that Other Limits on Public Assembly were intended to disrupt school classes. For public demonstrations in some public facili- ties—airports, libraries, courthouses, schools, and See the following footnoted materials in the Reference Handbook: swimming pools—the Court has set additional lim- 1. Cox v. New Hampshire case summary, page R25. 2. Adderly v. Florida case summary, page R23. its. For example, in Adderly v. Florida (1966), the 3. Cox v. Louisiana case summary, page R25. Court held that demonstrators could not enter the 4. Grayned v. City of Rockford case summary, page R28. Additional Support CHAPTER 13: Constitutional Freedoms 377
Activity: Collaborative Learning 376_385_U5C13S5_879982.indd 377 11/14/08 10:38:41 AM Reviewing Key Concepts This activity discussion of the topic (including relevant can reinforce discussion of the freedom of Supreme Court cases), exchanging and assembly. Organize students into groups, and answering questions within the group, assign each group one of the following topics: considering “what if . . .” situations, and so on. protections for the freedom of assembly, limits Then form new groups, making sure that at on public assembly, labor picketing, or free- least one representative from each “topic” dom of association. Each member of the group group is in each new group, and have the should become an “expert” on the group’s “experts,” in turn, teach their topics to fellow topic. Students should summarize the text’s group members. OL
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376_385_C13S5_890908.indd 377 3/17/09 5:01:44 PM Still other Supreme Court decisions have made that an 1871 civil rights law could not be applied CHAPTER 13, SECTION 5 it clear that restrictions on freedom of assembly against these demonstrators. In the 1997 case of must be precisely worded and apply equally to all Schenck v. Pro-Choice Network of Western New groups. In Police Department of Chicago v. Mos- York, the Court upheld parts of an injunction W Writing Support W ley (1972), the Court voided a city law that banned that created a fixed buffer zone around abortion all demonstrations near school buildings except in clinics. At the same time, the Court struck Persuasive Writing Have the case of labor union picketing—patrolling an down “floating buffer zone” laws that attempted to students research an issue, choose establishment to convince workers and the public keep a few feet of distance between a demonstra- a position, and create a slogan not to enter it. tor and a moving person who might be approach- ing a clinic. that expresses that position. Each Assembly and Property Rights student will make a sign for a The right to assemble does not allow a group to demonstration. Ask: Which sign convert private property to its own use, even if the Assembly and Disorder was most effective? Did this property is open to the public. In Lloyd Corpora- A basic principle of democracy is that people tion v. Tanner (1972), the Court ruled that a group convince you to change your have the right to assemble regardless of their views. protesting the Vietnam War did not have the right Police, however, sometimes have difficulty pro- opinion about the issue? Why or to gather in a shopping mall. tecting this principle when public assemblies why not? (Signs should be judged In recent years, some right-to-life demonstra- threaten public safety. on the basis of how well their tors blocked the entrances of private abortion clinics. The Court appeared unwilling to protect message and design promote the this type of assembly. In New York State NOW v. See the following footnoted materials in the Reference Handbook: group’s position.) OL AL Terry (1990) and Hirsch v. Atlanta (1990), the 1. Police Department of Chicago v. Mosley case summary, page R32. 2. Lloyd Corporation v. Tanner case summary, page R30. justices refused to hear appeals of bans on such 3. Schenck v. Pro-Choice Network of Western New York case summary, demonstrations. In 1993, however, the Court ruled page R34. The Law and You
More About Finding The Law and You Supreme Court Decisions Have students check out the How can a nonlawyer find out about a certain Supreme following Internet sites to How to Find a Court case? If you know the person or group involved in a case, obtain information on you can look in a digest of cases. If you look up “Olmstead,” for Supreme Court decisions. Supreme Court Decision example, you will find “Olmstead v. United States, 277 U.S. 438.” A law library or even the library in your local courthouse can This means that the report of the Olmstead decision begins on • Supreme Court of the have more than 1,000 volumes on law cases. Vance Cheek, Jr., page 438 of volume 277 of the United States Reports. These United States, the mayor of Johnson City, Tennessee, relies on his extensive reports are published by the government several times each www.supremecourtus.gov library in his law practice. year and date back to the very first year of the Court. It is probably easier to learn about a case on the • U.S. Government Printing Internet. Two up-to-date, reliable sites are www.oyez.org and Office, www.access.gpo.gov www.findlaw.com. Both are searchable using the names of the parties. Often it is enough to search the approximate year • Cornell University Legal in which the case was decided. Information Institute, Mayor Vance Cheek, Jr. www.law.cornell.edu ▲▲
• Oyez: U.S. Supreme Court Exploring the Law Activity Media, www.oyez.org Researching a Case Choose an interesting case from this chapter and research it. Take notes and prepare to share what you find with the class. Differentiated Instruction 378 UNIT 5: Liberty and Justice for All
Activity: Multiple Learning Styles 376_385_U5C13S5_879982.indd 378 11/14/08 10:38:49 AM Kinesthetic Have students meet in groups, in the center of the group. All students in with each group member taking three chips or each group are to speak at least once. The some other kind of marker (such as paper clips) following topics are among those that might from a common pile. Ask each group to prompt discussion: analyze the dilemma that the government • the American Nazi Party and the Skokie faces when dealing with public assembly march (and the “heckler’s veto”) versus public disorder. When a student • Feiner v. New York wants to speak, he or she places a chip • Gregory v. Chicago. BL
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376_385_C13S5_890908.indd 378 3/17/09 5:01:47 PM The Nazis in Skokie Demonstrating for Civil Liberties CHAPTER 13, SECTION 5 In 1977 the American Nazi Party, a small group patterned after Adolf Hitler’s German Nazi Party, announced plans to hold a rally in Skokie, Illinois, a largely Jewish suburb of Chicago. Skokie resi- Caption Answer: Students dents were outraged. Many were survivors of the may note that groups have a Holocaust, the mass extermination of Jews and right to resist what they con- other groups by the Nazis during World War II. Others were relatives of the Jews who were killed sider to be injustices, but the in Nazi death camps. government must be able to Skokie officials, citizens, and many others perform its duties. argued that the Nazis should not be allowed to march. They claimed that the march would cause great pain to residents and would attract ) ) ) a counterdemonstration. To prevent the march, ) ) D )
the city required the Nazis to post a $350,000 )
) articipating
bond to get a parade permit. The Nazis claimed )
) in Government the high bond interfered with free speech and ) assembly. The Skokie case illustrates a free speech and Students on Parade Ask stu- assembly problem that some scholars have called dents to think of a parade they the heckler’s veto. The public vetoes the free would like to organize and then speech and assembly rights of unpopular groups by claiming that demonstrations will result in vio- find out how they would apply for lence. Such claims may be effective because gov- a parade permit. After they share ernment officials will almost always find it easier their findings with the class, to curb unpopular demonstrations than to take discuss whether some kinds of measures to prevent violence. This dilemma leads to two related questions: Does the Constitution parades are more “welcome” in require the police to protect unpopular groups Freedom of Assembly Randy Wegerski, the community than others. If so, when their demonstrations incite violence? Can a four-year-old Tuscarora Native American, which ones? OL the police order demonstrators to disperse in the joins a picket line in 1958. The protestors interest of public peace and safety? gathered to block a state survey of reservation land that had been seized for a power project. Differentiated Feiner v. New York Do you think government officials should be D Instruction In 1950, speaking on a sidewalk in Syracuse, able to limit demonstrations that interfere New York, Irving Feiner verbally attacked Presi- with government work? Visual/Spatial Ask: What dent Harry S. Truman, the American Legion, and message does the photo on this the mayor of Syracuse. He also urged African page convey? What elements Americans to fight for civil rights. As Feiner spoke, “ It is one thing to say that the police cannot a larger and larger crowd gathered. When the be used as an instrument for the suppression make it effective? (The sign crowd grew hostile, someone called the police. of unpopular views, and another to say that, reminds us that the government Two officers arrived to investigate, and an angry when as here the speaker passes the bounds has already taken many things from man in the audience told them that if they did not of argument or persuasion and undertakes Native Americans. The fact that it is stop Feiner, he would. The police asked Feiner incitement to riot, they are powerless to to stop speaking. When he refused, the police prevent a breach of the peace. carried by a child reminds us that arrested him; he was convicted of disturbing the ” —Chief Justice Fred M. Vinson, 1951 the problem has lasted for gener- peace. ations. The boy’s clothing says “I am The Supreme Court upheld Feiner’s conviction, ruling that the police had not acted to sup- Gregory v. City of Chicago part of a tradition.”) ELL BL OL press speech but to preserve public order. Chief The Feiner case stands as a precedent that Justice Fred M. Vinson spoke for the majority of the police may disperse a demonstration and limit the Court: the freedom of assembly if it threatens the peace. Hands-On Chapter Project CHAPTER 13: Constitutional Freedoms 379 Step 5 Creating a Class Poster following each presentation that focuses on citizens’ constitutional rights. 376_385_U5C13S5_879982.inddStep 3795: Discussing the Project Students 11/24/08 1:06:52 PM will discuss what they have learned about Putting It Together: Ask What have you constitutional rights. learned during this project about citizens’ rights in other countries? Have students assemble the Directions Have a member of each group poster and its title and display it in a hallway or show the panels to the class and read the some other prominent place. OL entries. Encourage a class discussion or debate
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376_385_C13S5_890908.indd 379 3/17/09 5:03:13 PM CHAPTER 13, SECTION 5 Demonstrators and Police Clash
Voices of Protest As a wave of civil rights Caption Answer: Gregory v. activity swept across the City of Chicago and City of nation in the 1960s, some Chicago v. Morales government officials and police tried to preserve laws that supported segregation by attempting to restrict demonstrations. S Police in Birmingham, Skill Practice Alabama, used high- Summarizing Create a class pressure water hoses against marchers in the time line entitled “American spring of 1963. Which Protests and Strikes,” using a tick Supreme Court decisions mark for each decade of the past might apply to this kind of police action? century. Divide the class into 10 groups—one for each decade. Groups will research one strike or protest that occurred during their assigned decade. Groups will A federal appeals court ruled that the need to keep loitering in a public place with one or more per- write summaries that include the peace was not a valid reason to deny a parade sons, these people could be ordered to disperse—if permit. Since then, the Court has overturned the they then failed to disperse, they could be arrested. the date of the event, the type convictions of people whose only offense has been The Court ruled that the law was too vague. It gave of event, location, issue, and the to demonstrate peacefully in support of unpopular police no standards by which to determine when demographics of participants. causes. someone was loitering, that is, when they had no Ask: How did the event affect The case of Gregory v. City of Chicago (1969) is apparent purpose for standing on the street. The a good example of the Court’s thoughts on this Chicago law was struck down. individual participants and the matter. Dick Gregory, an entertainer and African nation? (Answers should demon- American activist, led a group of marchers from strate an understanding of the the city hall in downtown Chicago to the mayor’s Protecting Labor Picketing issues.) ELL BL OL home to demand the dismissal of the school Workers who are on strike or other demonstra- superintendent for failing to desegregate schools. tors often organize picket lines. For many years the About 180 police officers were on hand to provide Supreme Court has debated how much protection protection. Hostile onlookers from the all-white the First Amendment gives picketers. Picketing neighborhood began to throw rocks and eggs at conveys a message and is, therefore, a form of the marchers. After a time, the police decided that speech and assembly. But labor picketing, unlike violence was imminent and ordered the marchers most other kinds of demonstrations, tries to per- to disperse. When the marchers refused, they suade customers and workers not to deal with a were arrested and later convicted of disorderly S business. Many people will not cross a picket line, conduct. In a departure from the Feiner case, the depriving a business of its workers and customers. Court overturned this conviction, saying the Through much of American history, courts have marchers had done no more than exercise their supported many kinds of restraints on labor pick- First Amendment right of assembly and petition. eting. Then, in Thornhill v. Alabama (1940), the A related case on the First Amendment right to Supreme Court ruled that peaceful picketing was assembly was decided in City of Chicago v. Morales a form of free speech. It reflected the growing (1999). This case tested the constitutionality of a strength of the labor movement in American life. Chicago Police Department anti-loitering ordi-
nance. The ordinance said that if police saw a per- See the following footnoted materials in the Reference Handbook: Additional son whom officers believed to be a gang member 1. Thornhill v. Alabama case summary, page R35. Support 380 UNIT 5: Liberty and Justice for All
Activity: Interdisciplinary Connection 376_385_U5C13S5_879982.indd 380 11/14/08 10:42:02 AM The Arts Songs about causes and reforms music, explain the meaning and importance have long been a part of the United States’s of each of the songs. tradition of protest. Have students choose one • Artists today often perform together to raise of these two activities: awareness of social problems and to raise • Find recordings of three of the songs that funds to help effect change. Research one were part of the civil rights movement in the such concert (and, if possible, show a video United States—for example, “Keep Your Eyes clip from it), when and where it was held, what on the Prize,” “We Shall Not Be Moved,” and cause was spotlighted, who performed, and “We Shall Overcome.” After sharing the how effectively it got its message across. OL
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376_385_C13S5_890908.indd 380 3/17/09 5:03:17 PM In later decisions, however, the Court severely limited the position it took in the Thornhill case. In Freedom of Association CHAPTER 13, SECTION 5 Hughes v. Superior Court (1950), the Court refused Does the First Amendment protect an individu- to overturn a California court’s ban on picketing at al’s right to join an organization that the govern- a supermarket to force it to hire African American ment considers subversive? Landmark Case workers. The Court wrote: In a 1937 case, DeJonge v. Oregon, the Supreme Court extended the right to freely assemble to pro- See Whitney v. California in the “ While picketing is a mode of communication tect the right of individuals to freedom of associa- Supreme Court Case Summaries it is inseparably something more and tion. (Freedom of association means the right in the Reference Handbook and different. . . . The very purpose of a picket to join a political party, interest group, or other line is to exert influences, and it produces organization.) Can the government restrict the Case Study 21 in the Supreme consequences, different from other modes right of assembly and association in order to pro- Court Case Studies booklet. of communication. ” tect the nation’s security? —Justice Felix Frankfurter, 1950
The Court further limited picketing in Interna- Whitney v. California tional Brotherhood of Teamsters, Local 695 v. Vogt In 1927 the Supreme Court reviewed the case of (1957). The Court upheld a Wisconsin law that Charlotte Anita Whitney, who attended a conven- Making a Difference prohibited picketing a business unless there was a tion where the Communist Labor Party was organ- labor dispute. ized. Because the party advocated workers using USAS With the help of successful violent means to take over control of property, campaigns like the one against See the following footnoted materials in the Reference Handbook: Whitney was convicted of breaking a California 1. Hughes v. Superior Court case summary, page R28. law concerning violent actions. The prosecution BJ&B, USAS has been able to 2. International Brotherhood of Teamsters, Local 695 v. Vogt case summary, page R29. successfully argued that membership in the spread the Designated Supplier 3. DeJonge v. Oregon case summary, page R26. party indicated that she had committed a crime. Program (DSP) to universities across the country. Under the DSP: “university licensees are required to source most university logo apparel from supplier factories that have been determined by Making a Difference universities . . . to be in compliance with their obligation to respect ollege students are known for their idealism and willingness to campaign the rights of the employees— Cfor social justice. As the Internet heightens their awareness of global problems, some students have begun campaigning on behalf of workers in including the right to organize and bargain collectively and the other countries. United Students Against Sweatshops (USAS) protests American Students rallying on right to be paid a living wage.” firms that have factories abroad that exploit foreign workers. (In sweatshops, behalf of Mexicans workers have few if any rights and face unhealthy working conditions.) working in sweatshop Activity: Have students research The main weapon of USAS is the threat of a boycott of any T-shirts or other conditions college paraphernalia produced in sweat shops. USAS works to inform the the universities that have adopted student body about the issue and how college-branded clothes are made. or are working to adopt the Desig- One successful campaign was against the BJ&B company that made baseball caps for Nike, Reebok, and nated Suppliers Program. Ask: others in a free trade zone in the Dominican Republic. It was a long battle, and ultimately Nike and Reebok How do university students worked with the college students and other labor activists to improve labor conditions for workers. attempt to educate people ‘’I never thought a group of students, thousands of them, could put so much pressure on these brands,’’ said Ignacio Hernández, the general secretary of the Federation of Free Trade Zone Unions. “We were about DSP? (mostly through determined to win, but without them it would have taken us five more years. And it would have been demonstrations and rallies) OL more traumatic without them because all we would have was the pressure to strike.” Differentiated Instruction CHAPTER 13: Constitutional Freedoms 381
Name Date Class
NIT Cooperative Learning Activity U5 Guaranteeing Fundamental Rights
BACKGROUND ★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★★ The United States Constitution, as approved by the delegates to the Constitutional Guaranteeing Fundamental Rights Convention, did not contain a bill of rights. Most of the delegates did not believe one was necessary. They thought the Constitution, as written, contained sufficient protections. Some, like Alexander Hamilton, actually suggested that a bill of rights was a dangerous idea. He noted 376_385_U5C13S5_879982.inddthat the Constitution did 381 not grant to the Federal government the kinds of powers that a bill of 11/24/08 1:06:57 PM rights would prohibit. Hamilton argued that the inclusion of amendments objecting to the exercise of such powers might falsely imply that they existed in the first place. James Madison, who eventually drafted the Bill of Rights, shared Hamilton’s misgivings. Madison supported the addition of the amendments as long as the language did not imply the existence of powers not meant to be among those enumerated. As brilliant as they were, Hamilton and Madison could not anticipate history’s every twist and turn. Many modern scholars believe that the Bill of Rights is the foundation of American democracy. The First Amendment, in particular, is now considered a cornerstone of liberty. Objective: Prepare a seminar on First Amendment rights. Differentiated Instruction Strategies First Amendment issues often become the focus of national attention. Sometimes, the contro- versy surrounding these issues deeply divides public opinion. Every occasion has brought the same challenge: How can the country strike a balance between the legitimate interests of soci- ety and the freedoms guaranteed by the First Amendment? Group Directions Focus/Teach: Research the principles of the First Amendment BL Make graphic organizers showing 1. You and three classmates have recently joined a local community service organization. As part of a civic awareness program, you have volunteered to conduct a seminar on the importance of the First Amendment to the Constitution. When planning the seminar, you decide that each of you will become an expert on one of four freedoms guaranteed by this amendment. 2. Use the information in Unit 5 and other resources to learn as much as possible about the in practice. each right listed in the First Amendment following principles: • freedom of religion • freedom of the press • freedom of speech • freedom of assembly 3. Locate magazines and newspaper photographs or create original artwork symbolizing the meaning of these concepts or depicting the principles in practice. and how it applies today. 4. Consider the following topics as you plan your research and develop your report: Assess: Review reports and student lesson plans. • the reasons the Founders thought it necessary to protect this freedom • how the colonial experience influenced their thinking Copyright © by The McGraw-Hill Companies,Copyright The McGraw-Hill © by Inc. • other influences that affected their thinking • historical events that affected the evolution of the principle • major court decisions interpreting the meaning of the principle • Have students research a recent court arguments presented by those who opposed that interpretation AL • current issues or controversies that apply Close: Have students present the seminars they 5. Write your reports and develop a lesson plan for your seminar. (continued) case involving the First Amendment. Cooperative Learning Activities 9 prepared. ELL Discuss how the American colonial Cooperative Learning experience influenced the First Activities, p. 9 Amendment.
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376_385_C13S5_890908.indd 381 3/17/09 5:03:21 PM CHAPTER 13, SECTION 5 Registering Aliens, 1940
The Smith Act In New York City, people who were not Caption Answer: International citizens stood in line in August tensions might cause the Court 1940 to get forms related to to become more cautious about the Smith Act, or the Alien R Registration Act. The act allowing people to advocate the made advocating the forcible overthrow of the government. overthrow of the American government a crime. Could international tensions influence the Court’s ruling R Reading Strategy in this area? Academic Vocabulary Ask students to discuss the various meanings of the word alien, In Whitney v. California (1927), the Supreme Court In the 1950s, as the Cold War with the Soviet including its use in relation decided that: Union intensified and fears of communism increased, this clear and present danger doctrine to immigration and the Smith Although the rights of free speech and “ became a major issue. The government began to assembly are fundamental, they are not in Act. ELL OL arrest and convict accused subversives, primarily their nature absolute. Their exercise is subject Communist Party members. In 1940 the Alien to restriction, if the particular restriction Registration Act, known as the Smith Act, was proposed is required in order to protect the passed in anticipation of the United States’s possi- Assess state from destruction. . . . The necessity ble entry into World War II. (The Smith Act con- which is essential to a valid restriction does Assign the Section 5 Assessment tained a section that made advocating forcible not exist unless speech would produce, or is overthrow of any government in the United States as homework or as an in-class intended to produce, a clear and imminent illegal.) In 1951, under this act, the Supreme Court activity, or have students take danger of some substantive evil which the upheld convictions of 11 leaders of the American state constitutionally may seek to prevent. Section Quiz 13-5 from Section ” Communist Party in Dennis v. United States Quizzes and Chapter Tests. —Justice Louis Brandeis, 1927 (1951). In later cases, however, the Court ruled
See the following footnoted materials in the Reference Handbook: that only actual preparations for the use of force Close 1. Dennis v. United States case summary, page R26. against the government were in fact punishable. Summarizing Review the SECTION 5 Review types of assembly and reasons for assembly that are discussed in this Vocabulary 5. Organizing Use a graphic organizer like the one below to identify two reasons the right to assemble is important to section. Have students identify 1. Explain the significance of: picketing, heckler’s veto. preserve in a democracy and two reasons it can be limited. and explain ways in which teen- Main Ideas To Preserve To Limit agers might participate in various assemblies—and their First 2. Identifying What two principles were established by the DeJonge decision? Amendment right to protection 3. Describing How did the Court use the clear and present Writing About Government when doing so. OL danger doctrine in the 1950s? 6. Persuasive Writing Imagine that you are the mayor of a town where a citizen is planning a rally to protest the government’s Critical Thinking environmental policies. Write a letter to the city council 4. Analyzing Should more restrictions apply if a parade explaining the constitutional issues and the public welfare Section 5 Review supports an unpopular cause? Support your answer. concerns that they should consider before allowing the rally.
382 UNIT 5: Liberty and Justice for All
Answers 376_385_U5C13S5_879982.indd 382 11/24/08 1:07:20 PM 1. All definitions can be found in the section and 5. To Preserve: It allows political parties and the Glossary. interest groups to exist, and it protects 2. The right of assembly is as important as free organized dissent against the government. speech; the Fourteenth Amendment protects To Limit: Local governments may require permits the right of assembly from infringement by state for organized parades and demonstrations, and and local governments. restrictions may be set if the right of assembly 3. People who advocated the overthrow of the U.S. clashes with the rights of other people. government were imprisoned. 6. Have students read letters aloud. 4. Answers may vary but should balance the rights of assembly with concern for maintaining order.
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376_385_C13S5_890908.indd 382 3/17/09 5:03:51 PM Government Skills Government Skills Analyzing News Media Teach Every citizen should be aware of current issues people use a variety of news sources, including and events in order to make good decisions when print, broadcast, and electronic media. exercising citizenship rights. To stay informed, C Critical Thinking Analyzing Sources The Why Learn This Skill? Internet and cable television have made news more readily To get an accurate picture of current events, you must be accessible for many people. This able to think critically about the news. To analyze news 1. Ask yourself: Is this story being media, read the excerpt and perform the steps that follow it. reported because it is important for frequently means people are the public to know about it—or getting more news and have “ Bill Pierce, teacher, engineer, and because it is entertaining? even more reason to analyze the entrepreneur, has recently announced his content. Ask students to compare candidacy to challenge [Sen. Mike] DeWine 2. As you watch, listen, or read, ask a cable news broadcast on a given for the Republican Senatorial primary in yourself whether the story is being topic with its coverage on two Ohio. Pierce is friendly and engaging and presented objectively. Does it present his passion for governmental reform and both sides of an issue? Look for any different Web sites. Have them a return to governance as intended by evidence of bias. Is the publication, C present their comparisons to our constitution resonates with his every radio station, television channel, or the class. OL word. . . . On the issues, Pierce is solidly conservative. Local conservative groups reporter known for evenhanded, are asking for meetings with Pierce and accurate news reporting? R Reading Strategy are anxious to support him and there is also evidence that county-level Republican 3. Think about the source of the news Reading Primary Sources leaders are realizing that it may be time story. Reports that reveal sources are Have students read excerpts from to move on from DeWine and support a more reliable than those that do not. two different news resources. true conservative like Pierce.” If you know the sources, you can —Tim Holloway, evaluate them. How many sources are One should be a conservative American Conservative used? The more sources that are cited, publication (such as www. Union Foundation, 2005 the more reliable it usually is. conservativetruth.org), and the other should be liberal (such as www.trueblueliberal.com). Have Practicing the Skill Applying the Skill students use the skill-set questions After reading the excerpt above, answer the following Find two articles that discuss an issue in which public on this page to identify any biases questions: opinion is divided. Write a brief report covering these points: and determine overall reliability. 1. To what political party do both people mentioned in • What points did the articles try to make? Were the articles Ask: Why do you think bipartisan- the passage belong? successful? ship can affect biases, and thus R 2. Do you detect any evidence of bias in the passage? • Can the facts be verified? the reliability of an article? (News If so, give examples. • Did either of the articles reflect bias, or do they represent articles are sometimes written with 3. Did the writer support his points with sources? both sides fairly? If you detect bias, give examples. a personal or political agenda as • List any unsupported statements. the motivating factor.) AL • List the sources you can identify in the articles.
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Answers 376_385_U5C13S5_879982.indd 383 11/17/08 2:23:27 PM Practicing the Skill Applying the Skill 1. Republican Students should carefully go through the 2. Holloway calls Pierce friendly and engaging articles and fully answer each question. and passionate. He refers to “a return to governance as intended.” 3. no; this sometimes can mean a less-than- reliable news source
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376_385_C13S5_890908.indd 383 3/17/09 5:04:00 PM Assessment and Activities Assessment and Activities
Reviewing Vocabulary 5. Animal rights activists parade outside a store that sells furs From the following list, choose the content vocabulary and attempt to convince customers not to enter. 6. An individual urges a group to fight the police rather than word(s) that fits each situation described. obey a police order to disperse. This easy-to-use software shield laws heckler’s veto 7. A person stands in front of a group and states her opinion includes extensive question pure speech seditious speech on an issue. banks and allows you to create prior restraint picketing 8. A reporter is protected against being forced to disclose a fully customized tests that can libel symbolic speech source of information in court. be administered in print or 1. Spectators threaten violence against demonstrators and online. authorities break up the demonstration. Reviewing Main Ideas 2. A government official tells a reporter that she cannot Section 1 (pages 355–357) publish a story that might compromise national security. 9. Explaining What did the Fourteenth Amendment do for 3. A group burns an American flag to show its objection to a citizens and individual rights? Reviewing Vocabulary government policy. 1. heckler’s veto 4. A newspaper publishes an untrue story that damages the Section 2 (pages 358–364) 2. prior restraint reputation of a local resident. 10. Listing What are four examples of how religion remains part of government? 3. symbolic speech 4. libel Chapter Summary Section 3 (pages 366–370) 5. picketing 11. Identifying What types of speech does the First 6. seditious speech The First Amendment Freedom of . . . Amendment protect and what types does it not protect? 7. pure speech Religion The establishment clause prevents Section 4 (pages 371–375) 8. shield laws Congress from creating a state-sponsored 12. Speculating How might freedom of the press interfere religion. The free exercise clause prevents with an individual’s right to a fair trial? Reviewing Main Ideas the government from impeding the religious Section 5 (pages 376–382) beliefs of Americans. 9. The Fourteenth Amendment 13. Assessing Why might government require that groups Speech Protected: first obtain permits to parade or demonstrate? defined citizenship and laid ★ pure speech the groundwork for making ★ symbolic speech (in most cases) Critical Thinking individual rights national. Not protected: 14. Essential Question Should the First Amendment 10. Possible answers: Most ★ seditious speech (treasonous speech) protect those who publish stolen government documents? government officials take ★ defamatory speech (slander and libel) Explain. ★ their oaths of office in the “fighting words” 15. Evaluating Analyze the Supreme Court’s decision in
name of God. The nation’s Press A free press is invaluable in a democracy to Gitlow v. New York. How did it support the intent of the ensure that citizens remain well informed. coins carry the motto “In Fourteenth Amendment on citizenship? The press can be regulated in matters of God We Trust.” The Pledge 16. Making Comparisons Use a graphic organizer to national security or to ensure a fair trial. compare the three sedition tests. of Allegiance contains the Assembly The right of assembly is protected but phrase “one nation under Limits on Seditious Speech permits are often required to assemble Relaxes Limits Sets Standard Toughens Limits God.” Daily sessions of in public places. Congress open with a prayer. 11. protected—pure speech, symbolic speech; not 384 UNIT 5: Liberty and Justice for All protected—seditious speech, defamatory speech, “fighting Critical Thinking minds about issues that matter to them words” but cannot advocate the violent over- 376_385_U5C13S5_879982.indd14. Answers will vary384 but should include 11/14/08 10:42:48 AM 12. The press might print or references to Supreme Court decisions on throw of the government. The ruling broadcast information that this issue, such as the Pentagon Papers determined that no state government could influence witnesses’ case. Students should attempt to balance can deny basic rights and liberties to testimony, prejudice jurors or the interests of national security and any person. prospective jurors, or other- government suppression of embarrassing 16. Relaxes Limits: preferred position; Sets wise influence the trial’s information. Standard: clear and present danger; outcome. 15. Possible answers: The Court’s decision Toughens Limits: bad tendency 13. so that authorities can make that freedom of speech is a basic, arrangements for the public’s undeniable right promotes an atmo- welfare, safety, and protection sphere in which citizens can speak their
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376_385_C13S5_890908.indd 384 3/17/09 5:04:14 PM Self-Check Quiz Assessment Visit glencoe.com and enter ™ code USG9822c13. and Activities Click on Self-Check Quizzes for additional test practice. Document-Based Questions Analyzing Primary Sources Interpreting Political Cartoons Read the excerpt below and answer the questions Analyze the cartoon and answer the questions that follow. Have students use the that follow. Base your answers on the cartoon and your knowledge of Chapter 13 Self-Check Quiz. Civil rights leader Malcolm X advocated a more directly Chapter 13. Visit glencoe.com and confrontational approach to acquiring African American rights. enter ™ code In this 1964 speech, he discussed how African Americans USG9085c13T to prepare for would gain their full constitutional right to vote. the Chapter Test. “ If we don’t do somethingsomething real soon, I think you’ll have to agree that we’re going to be forced either to uusese thethe ballotballot or thethe bullet.bullet. It’s oneone or thethe otherother inin 20. The Freedom Forum funds 11964.964. It isn’t thatthat time is running out—time hhasas and operates the Newseum. run out! 1964 threatens to be the most expexplosivelosive Answers to parts 2 and 3 yyearear America has ever witnessed. . . . We will wworkork withwith anyanybody,body, anywanywhere,here, at any time, wwhoho is will vary. ggenuinelyenuinely interested in tacklintacklingg the problem headhead-- on, nonviononviolentlylently as llongong as the enemy is nonviononviolent,lent, Interpreting Political Cartoons but violent when the enemy ggetsets violent. ” 21. one of the Framers of the Constitution, because his 17. In this excerpt, is Malcolm X advocating a violent overthrow clothing, hairstyle, and of the government? If so, is his right to say this protected by the constitutional right to free speech? writing materials suggest 1 8. If Malcolm X’s speech had led to a violent uprising or an the time when the Consti- attempt to overthrow the government, would you consider tution was written him responsible? Would the Court? 22. drafting the Constitution 21. Whom do you think the person in the cartoon is or the Bill of Rights Applying Technology Skills representing? Why? 23. They suggest how the 22. What is this person doing? 19. Using a Web Site Locate the Web site for the Journalism Framers had to create a Education Association at www. jea.org/resources/index. 23. What do his thoughts suggest about the nature of an Research the association’s position on student press rights. individual’s constitutional rights? balance between freedom and rights and the limits Summarize and discuss these rights with your classmates. ★ ★ ★ ★ ★ ★ to them. 20. Exploring the First Amendment Visit www.newseum. ★
★ Participating
org, the Web site for a Washington, D.C., museum that ★
★ in Government
★
★ opened in 2008. The site states that the museum aims to ★ ) ) ) ) ) present a history of the First Amendment and the media. 24. Locate a copy of your state’s constitution, particularly ) )
Explore the site, then answer the following questions: the bill of rights. Compare the rights guaranteed in the ) articipating
)
) in Government 1) What organization operates the museum? 2) What are First Amendment of the U.S. Constitution with the )
some examples of exhibits at the Newseum? 3) Offer your rights protected by your state’s bill of rights. Prepare a ) assessment of whether the exhibits reflect the stated chart or graphic organizer that identifies the similarities 24. Have students refer to their mission of the museum. and the differences between the two documents. charts or other graphic organizers as they discuss CHAPTER 13: Constitutional Freedoms 385 similarities and differences in the documents. Analyzing Primary Sources 18. Again, students’ answers will vary, but they may include the idea that the Court could 376_385_U5C13S5_879982.indd 17. Students’ 385 responses may vary. Some 11/14/08 10:42:55 AM may say that Malcolm X was advocating determine that Malcolm X was guilty of inciting violence under Gitlow v. New York Chapter Bonus violence, but others may point out that he Test Question was only advocating violence as a reaction (1925), which prohibited speech that had to violations of voting rights. Either way, a tendency to lead to illegal action. Ask: What are the three Malcolm X’s right to make this speech is major religions practiced in protected by the Constitution because he Applying Technology Skills the United States today? was criticizing the government, an action 19. Discuss student press rights with the class. (Christianity, Islam, and that is specifically protected, and because You might focus on how the rights are Judaism) he was not advocating direct violence, expressed in the print or broadcast media force, or lawless action. of your school.
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