Splash Screen Essential Question Section 1: Constitutional Rights Section 2: Freedom of Religion Section 3: Freedom of Speech Section 4: Freedom of the Press Section 5: Freedom of Assembly Chapter Summary
Chapter Menu Freedom of speech is one of Americans’ most valued liberties, but are there limits to this and other basic freedoms under the Constitution?
Essential Question Chapter Preview-End Content Vocabulary • human rights • incorporation
Section 1-Content Vocabulary Academic Vocabulary • guarantee • deny • pursue
Section 1-Academic Vocabulary Reading Strategy As you read, create a graphic organizer similar to the one below to describe the freedoms guaranteed by the First Amendment.
Section 1-Reading Strategy Which is the most historically influential protection defined by “due process?” A. protection from unreasonable search and seizure B. the right of the A. A accused to a lawyer B. B C. protection from cruel C. C and unusual 0% 0% 0%
punishment A B C
Section 1-Polling Question Constitutional Rights • The belief in human rights, or fundamental freedoms, lies at the heart of the American political system. • The Constitution of the United States guarantees certain basic rights in the Bill of Rights, comprised of the first 10 amendments, and in several additional amendments.
Section 1 Constitutional Rights (cont.) • The Bill of Rights was not originally intended to limit state and local governments. • The Supreme Court has interpreted the due process clause of the Fourteenth Amendment to apply the guarantees of the Bill of Rights to state and local governments.
Section 1 Constitutional Rights (cont.) • The Supreme Court interpreted the words due process to include other protections of the Bill of Rights: − protection from unreasonable search and seizure − the right of the accused to have a lawyer − protection from cruel and unusual punishment
Section 1 Constitutional Rights (cont.) • The process by which the Bill of Rights was extended to the states and localities is incorporation. • The incorporation of the Bill of Rights means that U.S. citizens in every part of the country have the same basic rights. • In practice, nationalization means that citizens who believe that a state or local authority has denied them their basic rights may take their case to a federal court.
Section 1 The process by which the Bill of Rights was extended to the states and localities is A. rights extension. B. due process. C. incorporation. A. A B. B C. C 0% 0% 0%
A B C
Section 1 – DQ1 Section 1-End Content Vocabulary • establishment clause • free exercise clause • parochial school • secular • abridge • precedent
Section 2-Content Vocabulary Academic Vocabulary • significant • acknowledge • justify
Section 2-Academic Vocabulary Reading Strategy As you read, create a table similar to the one below to list the cases that are related to the establishment clause and the free exercise clause.
Section 2-Reading Strategy Do you think the task of resolving controversies surrounding church-state relations should be left to state legislature rather than the Supreme Court?
A. yes B. no A. A B. B
0% 0%
A B
Section 2-Polling Question The Establishment Clause • The first clause of the First Amendment— the establishment clause—states that “Congress shall make no law respecting an establishment of religion.” • The second clause—the free exercise clause—prohibits government from unduly interfering with the free exercise of religion. • Under the Constitution, the task of resolving controversies surrounding church-state relations falls on the Supreme Court.
Section 2 The Establishment Clause (cont.) • Everson v. Board of Education involved a challenge to a New Jersey law allowing the state to pay for busing students to parochial schools—schools operated by a church or religious group. • The Court ruled that the law was constitutional because it benefited students rather than religion directly.
Section 2 The Establishment Clause (cont.) • In Board of Education v. Allen the Court upheld state programs that provide secular, or nonreligious, textbooks to parochial schools. • Other important controversial cases involving religion address release times for students, school prayer, and the teaching of the theory of evolution.
Section 2 The first clause of the First Amendment, which states that “Congress shall make no law respecting an establishment of religion,” is called the A. preamble. B. free exercise clause. A. A C. establishment B. B clause. C. C D. secular clause. 0%D.0%D 0% 0%
A B C D
Section 2 – DQ1 The Free Exercise Clause • In addition to banning an established church, the First Amendment forbids laws “prohibiting the free exercise” of religion. • In the case of Reynolds v. United States, George Reynolds appealed his polygamy conviction, claiming that the law abridged, or limited, freedom of religion.
Section 2 The Free Exercise Clause (cont.) • The Court upheld his conviction and established that people are not free to worship in ways that violate laws that protect the health, safety, or morals of the community. • The Court usually follows precedent, decisions made on the same issue in earlier cases.
Section 2 Decisions made on the same issue in earlier cases establish A. reasonable doubt. B. precedent. C. legislation. A. A D. guilt. B. B C. C 0%D.0%D 0% 0%
A B C D
Section 2 – DQ2 Section 2-End Content Vocabulary • pure speech • symbolic speech • seditious speech • defamatory speech • slander • libel
Section 3-Content Vocabulary Academic Vocabulary • categories • require • presumed
Section 3-Academic Vocabulary Reading Strategy As you read, use a graphic organizer similar to the one below to list the types of speech that are protected and that are not protected by the First Amendment.
Section 3-Reading Strategy What type of speech warrants the greatest protection? A. pure speech B. symbolic speech
A. A B. B
0% 0%
A B
Section 3-Polling Question Types of Speech • The First Amendment exists to protect the expression of unpopular ideas—popular ideas need little protection. • Pure speech is the verbal expression of thought and opinion before an audience that has chosen to listen. • Symbolic speech—sometimes called expressive conduct—involves the use of actions and symbols, in addition to or instead of words, to express opinions.
Section 3 What type of speech involves the use of actions and symbols, in addition to or instead of words, to express opinions?
A. free speech B. seditious speech A. A C. pure speech B. B D. symbolic speech C. C 0%D.0%D 0% 0%
A B C D
Section 3 – DQ1 Regulating Speech • Because free speech must be balanced against the need to protect society, some restraints on pure speech do exist. • Congress and state legislatures have outlawed seditious speech—speech urging resistance to lawful authority or advocating the overthrow of the government.
Civil Liberties and Terrorism
Section 3 Regulating Speech (cont.) • When the speech in question clearly presents an immediate danger, the First Amendment does not protect it. • In 1925 the Court held that speech could be restricted even if it had only a tendency to lead to illegal action, establishing the “bad tendency doctrine.”
Civil Liberties and Terrorism
Section 3 Regulating Speech (cont.) • Developed in the 1940s, the preferred position doctrine holds that First Amendment freedoms are more fundamental than other freedoms because they provide the basis of all liberties.
Civil Liberties and Terrorism
Section 3 Speech urging resistance to lawful authority or advocating the overthrow of the government is called A. treason. B. obscene speech. A. A C. defamatory speech. B. B D. seditious speech. C. C 0%D.0%D 0% 0%
A B C D
Section 3 – DQ2 Other Unprotected Speech • The First Amendment does not protect defamatory speech, or false speech that damages a person’s good name, character, or reputation. There are two types of defamatory speech: – slander, which is spoken, and – libel, which is written.
Section 3 Other Unprotected Speech (cont.) • The Court has limited the right of public officials to recover damages from defamation. • In 1942 the Supreme Court ruled that some words are so insulting that they provoke immediate violence. • Such “fighting words” do not constitute protected speech.
Section 3 What type of defamatory speech is written rather than spoken? A. libel B. slander C. sedition A. A D. insult B. B C. C 0%D.0%D 0% 0%
A B C D
Section 3 – DQ3 Section 3-End Content Vocabulary • prior restraint • sequester • gag order • shield laws
Section 4-Content Vocabulary Academic Vocabulary • outcome • exclusion • transmission
Section 4-Academic Vocabulary Reading Strategy As you read, create a graphic organizer similar to the one below to analyze how trial judges deal with the conflict between freedom of the press and a defendant’s right to a fair trial.
Section 4-Reading Strategy Should reporters receive protection from disclosing their sources in state courts, even when national security is at stake? A. yes B. no A. A B. B
0% 0%
A B
Section 4-Polling Question Prior Restraint Forbidden • Prior restraint is censorship of information before it is published. • The Supreme Court has ruled that the press may be censored in advance only in cases relating directly to national security. • Near v. Minnesota helped establish that free press means freedom from government censorship.
Section 4 Censorship of information before it is published is called A. prior restraint. B. pre-censoring. C. a gag order. A. A D. restraint of B. B information. C. C 0%D.0%D 0% 0%
A B C D
Section 4 – DQ1 Fair Trials and Free Press • In Sheppard v. Maxwell the Supreme Court ruled that press coverage interfered with Sheppard’s right to a fair trial. • When a jury is sequestered it is kept isolated until the trial ends. • A gag order is an order by a judge barring the press from publishing certain types of information about a pending court case.
Section 4 Fair Trials and Free Press (cont.) • In 1979 the Supreme Court ruled that the public and press could be barred from certain pretrial hearings if the trial judge found a “reasonable probability” that publicity would harm the defendant’s right to a fair trial.
Section 4 Fair Trials and Free Press (cont.) • In three 1972 cases that were considered together, the Supreme Court said that reporters have to surrender evidence because the First Amendment does not give them special privileges. • To date, 30 states have passed shield laws—laws that give reporters some protection from disclosing their sources in state courts.
Section 4 Laws that give reporters some protection from disclosing their sources in state courts are called A. gag orders. B. shield laws. A. A C. silence orders. B. B D. source laws. C. C 0%D.0%D 0% 0%
A B C D
Section 4 – DQ2 Free Press Issues • Because radio and broadcast television use public airwaves, they do not enjoy as much freedom as other press media. • Stations must obtain a license from the Federal Communications Commission (FCC), a government agency that regulates their actions.
Section 4 Free Press Issues (cont.) • In the 1952 case Burstyn v. Wilson, the Court held that “liberty of expression by means of motion pictures is guaranteed by the First and Fourteenth Amendments.” • In Reno v. American Civil Liberties Union the Court ruled that Internet speech deserves the same level of First Amendment protection as print media.
Section 4 Free Press Issues (cont.) • After many attempts to define obscenity, the Court finally ruled in Miller v. California that local communities should set their own standards for obscenity. • Advertising is considered “commercial speech” and is given less protection under the First Amendment than political speech.
Section 4 Radio and broadcast television statements must receive a license from A. the Federal Trade Commission. B. the state governor. A. A C. Congress. B. B D. the Federal Communications C. C Commission. 0%D.0%D 0% 0%
A B C D
Section 4 – DQ3 Section 4-End Content Vocabulary • picketing • heckler’s veto
Section 5-Content Vocabulary Academic Vocabulary • potential • ensure • survivor
Section 5-Academic Vocabulary Reading Strategy As you read, create a graphic organizer similar to the one below to list the ways government can regulate freedom of assembly.
Section 5-Reading Strategy Which freedom provided by the First Amendment is the most essential to a democracy? A. freedom of assembly B. freedom of association A. A B. B
0% 0%
A B
Section 5-Polling Question Protecting Freedom of Assembly • DeJonge v. Oregon established that: – the right of assembly is as important as the rights of free speech and free press; and – the due process clause of the Fourteenth Amendment protects freedom of assembly from state and local governments.
Section 5 Protecting Freedom of Assembly (cont.) • Freedom of assembly includes the right to parade and demonstrate in public. • To provide for public order and safety, many states and cities require that groups wanting to parade or demonstrate first obtain a permit.
Section 5 Protecting Freedom of Assembly (cont.) • In Police Department of Chicago v. Mosley the Court voided a city law that banned all demonstrations near school buildings except in the case of labor union picketing—patrolling an establishment to convince workers and the public not to enter it. • The right to assemble does not allow a group to convert private property to its own use, even if the property is open to the public.
Section 5 Patrolling an establishment to convince workers and the public not to enter it is called A. loitering. B. protesting. A. A C. picketing. B. B D. assembling. C. C 0%D.0%D 0% 0%
A B C D
Section 5 – DQ1 Assembly and Disorder • A heckler’s veto is a term used to describe when the public vetoes the free speech and assembly rights of unpopular groups by claiming that demonstrations will result in violence. • Feiner v. New York established that police may disperse a demonstration and limit the freedom of assembly if it threatens the peace.
Section 5 Feiner v. New York established that police may disperse a demonstration and limit the freedom of assembly if
A. the public finds it offensive. A. A B. it threatens the peace. B. B C. it is loud. C. C D. occurs in public. 0%D.0%D 0% 0%
A B C D
Section 5 – DQ2 Protecting Labor Picketing • In 1940 the Supreme Court ruled that peaceful picketing was a form of free speech. • In later decisions the Court severely limited this position.
Section 5 In 1940 the Supreme Court ruled that peaceful picketing is A. illegal under many circumstances. B. allowed in schools. A. A C. a form of free speech. B. B D. not protected by the First Amendment. C. C 0%D.0%D 0% 0%
A B C D
Section 5 – DQ3 Freedom of Association • Freedom of association means the right to join a political party, interest group, or other organization. • In 1937 the Supreme Court extended the right to freely assemble to protect the right of individuals to freedom of association. • Under the Smith Act the Supreme Court upheld convictions of 11 leaders of the American Communist Party.
Section 5 Freedom of Association (cont.) • In later cases the Court ruled that only actual preparations for the use of force against the government were in fact punishable.
Section 5 The right to join a political party, interest group, or other organization is protected by the First Amendment as
A. freedom of expression. B. freedom of speech. A. A C. freedom of association. B. B D. freedom of organization. C. C 0%D.0%D 0% 0%
A B C D
Section 5 – DQ4 Section 5-End The First Amendment Freedom of… Religion The establishment clause prevents Congress from creating a state-sponsored religion. The free exercise clause prevents the government from impeding the religious beliefs of Americans.
Chapter Summary start The First Amendment Freedom of… Speech Protected: • Pure Speech • Symbolic speech (in most cases) Not protected: • seditious speech (treasonous speech) • defamatory speech (slander and libel) • “fighting words”
Chapter Summary The First Amendment Freedom of… Press A free press is invaluable in a democracy to ensure that citizens remain well informed. The press can be regulated in matters of national security or to ensure a fair trial.
Chapter Summary The First Amendment Freedom of… Assembly The right of assembly is protected but permits are often required to assemble in public places.
Chapter Summary Chapter Summary – end of Figure 1 MIR Trans DFS Trans 1 DFS Trans 2 DFS Trans 3 DFS Trans 4 DFS Trans 5 To use this Presentation Plus! product:
Click the Forward button to go to the next slide.
Click the Previous button to return to the previous slide.
Click the Home button to return to the Chapter Menu.
Click the Transparency button from the Chapter Menu or Chapter Introduction slides to access the Making It Relevant Transparency for this chapter. From within a section, click on this button to access the relevant Section Focus Transparency.
Click the Return button in a feature to return to the main presentation.
Click the USG Online button to access online textbook features.
Click the Reference Atlas button to access the Interactive Reference Atlas.
Click the Exit button or press the Escape key [Esc] to end the chapter slide show.
Click the Help button to access this screen.
Links to Presentation Plus! features such as Graphs in Motion, Charts in Motion, and figures from your textbook are located at the bottom of relevant screens.
Help This slide is intentionally blank.
End of Custom Shows