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Essential Question How does the Constitution protect citizen rights?
Citizen Rights (1)
Freedom of Speech Democratic government requires every person has the right to speak freely
Pure Speech Verbal expression of opinion before an audience that has chosen to listen
Symbolic Speech Using actions and symbols to express opinions
Texas v. Johnson (1989) Flag-burning is protected as symbolic speech
Limiting Speech Right of free speech must be balanced against the need to protect society
Seditious Speech Any speech urging resistance to lawful authority or advocating the overthrow of the government
Court Guidelines Three constitutional tests to establish limits on speech: a.The clear and present danger rule b.The bad tendency doctrine c.The preferred position doctrine
Clear and Present Danger When the speech in question clearly presents an immediate danger
Schenck v. United States (1919) Schenck urged draftees to obstruct the war effort in WWI During wartime this speech threatened the well-being of the nation
The Bad Tendency Doctrine Gitlow v. New York (1925) Speech restricted if it had a tendency to lead to illegal action
Preferred Position Doctrine First Amendment freedoms hold a preferred position over competing interests Government must show limiting them is absolutely necessary
Brandenberg v. Ohio KKK leader arrested for refusing to end a rally and cross burning Court ruled in his favor as there was no evidence his speech intended to create immediate acts of violence
Defamatory Speech 1 st Amendment does not protect false speech that damages a person’s name Slander – spoken Libel - written
“Fighting Words” Words so insulting they provoke immediate violence Do not constitute free speech
Freedom of the Press At times the right of the press to gather and publish information conflicts with other rights
Prior Restraint Censoring of the press by government Can only occur in cases related to national security
Sheppard v. Maxwell (1966) Overturned conviction of murderer because of pre-trial press coverage
Reno v. American Civil Liberties Union (1997) Internet speech deserves the same First Amendment protection as print media
Freedom of Assembly Right of the people to peaceably assemble and petition the government
DeJonge v. Oregon (1937) DeJonge was convicted of holding a Communist Party meeting Conviction overturned as peaceful assembly for discussion
Public Assembly Freedom includes right to parade and demonstrate in public
Cox v. New Hampshire (1941) A city can require a parade permit in order to march because of safety to citizens
Grayned v. City of Rockford Upheld a ban on demonstrations near schools that were intended to disrupt classes
The Skokie Case (1977) The American Nazi Party planned to hold a rally in a Jewish suburb of Chicago Court allowed the march
Feiner v. New York (1950) Police arrested a man whose public speaking incited a violent crowd response Court upheld his arrest as an act to keep the peace
Objective; describe the kinds of speech the 1st Amendment does and does not protect.
CHAPTER 13, SECTION 3 FREEDOM OF SPEECH. TYPES OF SPEECH Pure speech – verbal expression of thought and opinion before an audience that has chosen to.
LIBERTY PURSUIT OF HAPPINESS
Government Chapter 13 Civil Liberties We skipped 12, deal with it. Not 58 terms.
Section 3 Introduction-1
Chapter 13.5 Freedom of Assembly Government Mr. Biggs.
Freedom of Speech and Press. Freedom of Expression The 1 st amendment has two guarantees on freedom of expression #1 Guarantee to each person a right.
Freedom of Speech First Amendment Expression, Speech and Symbolic Speech.
Freedom of Assembly.
Freedom of Speech. What is Free Speech? Incorporation Gitlow v. N.Y. (1925): 14 th Amendment’s “due process clause” protects citizens’ fundamental rights.
Types of Speech Pure Speech –Calm –Passionate –Private –Public Supreme Court has provided the strongest protection.
Freedom of Speech.
Protection of Freedom of Assembly Without this freedom, there would be no interest groups and no political parties.
Section 5 Introduction-1
Speech and Press What is free?. Speech Ability to disagree with majority Pure speech- verbal expression before an audience that has chosen to listen Symbolic.
Chapter 19: Civil Liberties: First Amendment Freedoms Section 3
Constitutional Freedoms. Constitutional Rights The Constitution guarantees the basic rights of United States citizens in the Bill of Rights. Today,
B C D E A B C D E F G H I J A B C D E F G H I J A 1 pt 2 pts 3 pts.
Essential Questions: How have courts defined (protected/denied) individual rights over time?
1. What are some freedoms that we have in our daily lives as US citizens? 2. Can your freedoms ever be taken away or limited? (explain!)
Constitutional Freedoms. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the.
Chapter 14 Section 3. Freedom of Speech What is speech? –Pure Speech Verbal expression before an audience that has chosen to listen. Opinions/thoughts.
BELL WORK Write down three things from The Week In Rap.
First Amendment: Freedom of Speech Congress shall make no law… “abridging the FREEDOM OF SPEECH” In the United States we each have the right to speak our.
The First Amendment: Freedom of Expression “Congress shall make no law…abridging the freedom of speech, or of the press, or the right of people peaceably.
Our First Amendment Rights
Reviewing Key Terms A. shield laws E. heckler’s veto
Freedom of Speech and the Press The 1 st Amendment.
CIVIL RIGHTS AND CIVIL LIBERTIES 1 ST AMENDMENT CIVIL RIGHTS V. CIVIL LIBERTIES CIVIL RIGHTS CIVIL RIGHTS Positive acts of gov’t that make constitutional.
1. Freedom of Speech Americans have right to freedom of expression to help protect unpopular opinions Founders wanted well-informed public Speech is limited.
Freedom of the Press Freedom of Assembly, Association, and Petition Unit 6: Civil Liberties and Civil Rights, Lesson 2 How has the Supreme Court expanded.
FREEDOM OF ASSEMBLY AND PETITION. DeJonge v. Oregon (1937) DeJonge was convicted for holding a Communist Party meeting Found unconstitutional.
Chapter 4.1 The First Amendment. First Amendment Freedoms The Bill of Rights, added in 1791, protects our civil liberties – the freedoms we have to.
What are the 5 principles of the constitution.
American Government Chapter 19 Section 3. Freedom of Speech 1 st and 14 th Amendments Guarantees spoken and written word liberty Ensures open discussion.
What type of Speech is protected and what kind is not protected?
Random Fact of the Day Original Bubble Gum is pink because Walter Deimer, a Fleer employee, had only pink coloring left when he mixed up his first successful.
We will be discussing the First Amendment today. What do you already know about the First Amendment to our Constitution?
Supreme Court Case Research Melanie Rosen. PROTECTED SPEECH Freedom of speech in the United States is protected by the First Amendment of the United States.
The First Amendment guarantees people the right to express themselves through speech and writing – Allows everyone to hear opinions and ideas of others.
1 st Amendment: Freedom of Expression “Congress shall make no law.
The Politics of Civil Liberties The threat of war leads to government narrowing the limits of permissible speech and activity Framers believed the Constitution.
Freedom of Press and Assembly Chapter 13 Section 4 and 5.
Civil Liberties and First Amendment Freedoms. Unalienable Rights The omission of a list of rights in the 1 st draft of the Constitution led to an outcry.
DIVISION OF POWERS UNDER THE CONSTITUTION AND THE FIRST AMENDMENT.
Freedom of Expression Chapter 5, Theme B. Why is the 14 th Amendment important to the Freedom of Expression? Starting in 1925 (Gitlow v. NY), the SCOTUS.
What is The Bill of Rights? The government gives its citizens rights or guarantees that must be protected under law! The government gives its citizens.
Copyright © 2009 Pearson Education, Inc. Publishing as Longman. Civil Liberties and Public Policy Chapter 4 1 st Amendment Edwards, Wattenberg, and Lineberry.
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