Chapter 6

Protecting Basic Freedoms

Mr. Callis

American Government Class

Section 1 Objectives

• Distinguish between the right to hold religious beliefs and the right to practice them.
• Identify the tests the Supreme Court uses to determine if aid to parochial schools is constitutional.
• Differentiate between the establishment clause and free exercise clause.

Freedom Of Religion -- The First Amendment

• Thomas Jefferson said the Freedom of religion clause was designed to " build a wall of separation between Church and State"
• First Amendment has two parts

The Establishment Clause

• Definition set by Everson v. Board of Education

"Neither a state nor the federal government can set up a church. Neither can pass laws which aid one religion, aid all religions, or prefer one religion over another …" Justice Hugo H. Black, 1947

The Free Exercise Clause

• Forbids laws "prohibiting the free exercise of religion"
• Exceptions
  • Religious practices do not justify breaking criminal laws
    • Polygamy for Mormons
    • Vaccinations for students even if their religion prohibits them

First Amendment's Guarantee of Freedom of Speech

• Three Types of Freedom of Speech - Designed to protect unpopular ideas.
  • Pure Speech
    • Verbal expression only -- Almost always protected
  • Speech Plus
    • Verbal plus some action -- Marching or demonstrating -- May be subject to restrictions that do not apply to pure speech
  • Symbolic Speech
    • Involves actions and symbols -- subject to the most government restrictions

Regulating Speech

• Seditious Speech
  • State legislatures and the Congress have outlawed this type of speech
  • Designed to incite violence or resistance to lawful authority
  • There have been three tests used to determine if someone has used to establish limits on the Freedom of Speech

Regulating Speech

• Clear and Present Danger test
  • Does the person's speech pose a clear danger to the government of the United States of America
  • Applies mostly in wartime
• Bad Tendency Doctrine
  • More strict than the Clear and Present Danger test
  • Speech only had to " have a tendency to lead to illegal action"
    • Has not traditionally had the support of the Supreme Court

Regulating Speech

• Preferred Position Doctrine
  • Says the First amendment is more fundamental than other freedoms and thus should be considered above other freedoms.
  • Each of the three tests have been popular at one time or another
  • The Clear and Present Danger test is used most often.

Other Speech Not Protected

• Defamatory Speech
  • Speech that Damages one's character or reputation
  • Slander
    • Spoken
  • Libel
    • Written

Freedom of Assembly

• 1st Amendment gives people "the right to peaceably assemble…"
  • The right extends from private homes to public places
  • Closely related to freedom of speech
• Limits
  • Is really speech plus and is subject to more regulation than pure speech
  • May be required to obtain a permit to demonstrate in a public place

Freedom of the Press

• Freedom to print and circulate ideas
  • Television, Radio, Newspapers, Magazines, Electronic Communication?
• The idea of Prior Restraint is illegal in the United States
  • Censoring Ideas before they are published
  • Only exception is information that relating to national security

Free Press and Fair Trials

• Does the right to free press supersede an individual's right to a fair trial ( 6th Amendment )?
  • Can
    • Move trial
    • limit reporters in courtroom
    • Place control on reporter's conduct in the courtroom
    • Isolate witnesses and jurors from the press
    • Sequestered the jurors

Free Press Issues

• Prior censorship of films may be legal in certain cases
• Communities have the right to protect themselves from obscenities
• Advertising is limited in many areas
  • False Claims
  • Prohibit advertising of certain products for the public's own good.

Back to Mr. Callis' Social Studies Home Page