HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 1 Fundamental Freedoms Section 1: Freedom and the Bill of Rights Section 2: Freedom of Religion Section 3: Freedom of Speech and of the Press Section 4: Freedom of Assembly and Petition CHAPTER 13

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 2 Section 1: Freedom and the Bill of Rights Objectives: How does the Constitution protect civil liberties? Whose civil liberties does the First Amendment guarantee? What is the role of laws and the courts in balancing individuals’ civil liberties with the interests of the community?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 3 Section 1: Freedom and the Bill of Rights The Constitution protects civil liberties in the Bill of Rights.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 4 Section 1: Freedom and the Bill of Rights People whose civil liberties are guaranteed by the First Amendment: U.S. citizens resident noncitizens

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 5 Section 1: Freedom and the Bill of Rights To balance individuals’ civil liberties with community interests, boundaries on individual rights have been set by laws and the courts so that other’s rights or interests are not threatened.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 6 Section 2: Freedom of Religion Objectives: How has the Supreme Court interpreted the Establishment Clause to define the relationship between religion and public schools? How does the Supreme Court decide if government aid to religious groups is constitutional? Why has the Supreme Court allowed tax exemptions for religious groups? How has the Free Exercise Clause been interpreted?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 7 Section 2: Freedom of Religion Supreme Court interpretations of the Establishment Clause to define the relationship between religion and public schools: Official support for religious programs is unconstitutional, but students can leave campus to receive religious instruction. Officially sponsored prayer and religious activities in public schools are unconstitutional, but students have the right to pray on their own in school and religious materials can be used in secular studies.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 8 Section 2: Freedom of Religion How the Supreme Court determines the constitutionality of government aid to religious groups The Lemon test: Aid must be for a nonreligious purpose. It must neither advance nor limit religion. It must not result in excessive government involvement with religion.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 9 Section 2: Freedom of Religion The Supreme Court has allowed tax exemptions for religious groups because they help the government remain neutral toward religion by neither supporting it nor restricting it.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 10 Section 2: Freedom of Religion Religious practices may be restricted if they violate social standards or constitutional laws, such as bigamy, or if they threaten the public safety, such as not vaccinating children because of religious beliefs against such medical practices.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 11 Section 3: Freedom of Speech and of the Press Objectives: What challenges exist in balancing individuals’ freedom of speech with the need to protect national security? What boundaries exist on the media’s freedom of expression? How does the First Amendment affect symbolic speech and hate speech?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 12 Section 3: Freedom of Speech and of the Press Challenges in balancing individuals’ freedom of speech with protecting national security: determining sedition proving statements pose a clear and present danger

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 13 Section 3: Freedom of Speech and of the Press Boundaries on the media’s freedom of expression: prior restraint laws shield laws libel laws obscenity laws license requirements FCC standards false advertising laws

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 14 Section 3: Freedom of Speech and of the Press The First Amendment’s effect on symbolic speech and hate speech: symbolic speech—actions that communicate a message are protected to an extent hate speech—many hate speech rules and “insulting” or “fighting” words that are likely to cause a fight are not protected

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 15 Section 4: Freedom of Assembly and Petition Objectives: How does the First Amendment protect the rights of assembly and petition on public property? How is the freedom to demonstrate restricted on private property? How does freedom of assembly support freedom of association?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 16 Section 4: Freedom of Assembly and Petition First Amendment protections on the rights of assembly and petition on public property: protects peaceful demonstrations protects demonstrations with time, place, and manner regulations

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 17 Section 4: Freedom of Assembly and Petition Restrictions on the freedom to demonstrate on private property: People do not have the right to demonstrate or protest on property belonging to a business or residence.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 18 Section 4: Freedom of Assembly and Petition How the freedom of assembly supports the freedom of association: People may associate with groups without government interference.

HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 19 Chapter Wrap-Up 1.How are civil liberties guaranteed in the Bill of Rights? Do aliens have the same rights as citizens? 2.What is the role of the courts in finding a proper balance between individuals’ civil liberties and some wider public interest?

HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 20 Chapter Wrap-Up 3.What is the importance of the Establishment and Free Exercise Clauses of the First Amendment? 4.How does the Supreme Court apply the clear- and-present-danger test to free-expression cases? In what ways may government set boundaries on free speech in the media?

HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 21 Chapter Wrap-Up 5.How is symbolic speech protected by the First Amendment? What is the difference between the free expression that is restricted by many hate speech rules and that which the courts have called fighting words? 6.How does the freedom of assembly protect the right of association?