Presentation on theme: "LIBERTY PURSUIT OF HAPPINESS"— Presentation transcript:
1LIBERTY PURSUIT OF HAPPINESS Bill of Rights, 14th Amendment, 1st AmendmentLet’s GO!LIBERTY PURSUIT OF HAPPINESSLIFE
2Bill of Rights First 10 amendments Government cannot abuse the rights of individualsProtects from acts of congressional, state, and local government that may threaten people’s basic rights.
314th AmendmentDefines citizenship AND lays the groundwork for making individual rights nationalNo state can deprive any person of freedom of speech, press, religion, or assembly because these freedoms are essential to a person’s liberty.Gitlow v. New York (1925)“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law...”-Fourteenth Amendment, 1868
4First Amendment“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
5Freedom of Religion Guarantees of religious freedom Establishment clause: Congress shall make no law respecting an establishment of religionFree Exercise Clause: Prohibits government from interfering with the free exercise of religionSeparation of church and state
6Emerson v. board of Education First case to deal with Establishment ClauseA challenge to a New Jersey law allowing the state to pay for busing students to schools operated by a church or religious groupThe court rules that the law was constitutional, law benefited students rather than aided a religion directly
7Lemon Test Used in 1971 case of Lemon v. Kurtzman Used to determine whether aid violates establishment clauseState aid to church schools must:Have a clear, secular nonreligious purposeNeither advance nor inhibit religionAvoid “excessive government entanglement with religion”
8Equal Access ActAllows public high schools receiving federal funds to permit student religious groups to hold meetings in the schoolProvides an opportunity for student prayer groups in public schools
9Theory of EvolutionThe establishment clause has been applied to classroom instructionEpperson v. Arkansas voided an Arkansas law that banned teaching evolution in public schools
10Reynolds vs. USSupreme Court has never permitted religious freedom to justify and behavior, particularly when religious practices conflict with criminal lawsReynolds claims that the law limits his freedom of religionThis case establishes that people are not free to worship in ways that violate laws protecting health, safety, or morals of the community.
11The Flag SaluteWhether children could be forced to salute the American flagMinersville School district v. GobitisWest Virginia State Board of Education v. BarnettePatriotism could be achieved without forcing people to violate their religious beliefs
12Freedom of Speech That every person have the right to speak freely Pure Speech – verbal expression of thought and opinion before an audience that has chosen listenSymbolic speech – involves using actions and symbols, in addition to or instead of using words, to express opinions
13Freedom of Speech “Clear and Present Danger Rule” When the speech in question clearly presents an immediate danger, the First Amendment does not protect itThe Bad Tendency DoctrineThe Court held that speech could be restricted even if it had a tendency to lead to illegal actionThe Preferred Position DoctrineLaws limiting these freedoms should be unconstitutional unless the government can show it absolutely necessary
14Freedom of SpeechDefamatory speech: false speech that damages a person’s good name, character, or reputationSlander: spoken - Libel: writtenFighting words: words that are so insulting they provoke immediate violenceStudent speech: Bethel School District v. Fraser and Hazelwood School District v. Kuhlmeier
15Freedom of PressAllowing opinions to be written, circulated or broadcastedPrior restraint: censorship of information before it is publishedNew York Times Co v United States
16Freedom of Press Fair Trials and Free Press Sheppard v. Maxwell: press coverage had interfered with Sheppard’s right to a fair trailMoving the trial to reduce pretrial publicityLimiting the numbers of reporters in the courtroomPlacing controls on reporters’ conduct in the courtroomIsolating witnesses and jurors from the pressHaving the jury kept isolated until the trial is over
17Freedom of Press Protecting News Sources Can reporters refuse to surrender evidence?Shield laws: laws that give reporters some means of protection against being forced to disclose confidential information or sources in state courts
18Freedom of Press Free Press Issues Radio and Television Motion Picturesand the InternetObscenity: society has the right to protection from obscene speech, pictures, and written materialLocal communities should set their own standards for obscenity.
19Freedom of AssemblyProtects “the right of the people peaceably to assemble and to petition the Government for a redress of grievances.Examples: petitions, letters, lobbying, carrying signs in a parade, marchingParades and demonstrations: must first obtain a permit