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 so the government can remain neutral by neither supporting religion nor restricting it. “Separation of Church and State”, however, is not part of the Constitution. It was taken from the writings of Thomas Jefferson and used in Supreme Court cases on the establishment clause. (Everson v. Board of Education, 1947; Wallace v. Jaffree, 1985)

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 Assuring Individual Rights Section 1: Protecting Individual Liberties Section 2: Rights of the Accused Section 3: Ensuring Fair Trials and Punishments CHAPTER 14

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 20 Section 1: Protecting Individual Liberties Objectives: What does the term due process mean? How is procedural due process different from substantive due process? How do the Fourth Amendment and due process protect people’s security against unreasonable state action? How does the Bill of Rights protect people’s privacy?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 21 Section 1: Protecting Individual Liberties Due process means the government must follow fair procedures set by law when carrying out government duties.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 22 Section 1: Protecting Individual Liberties Difference between procedural due process and substantive due process: procedural due process—ensures that the government applies laws fairly and according to set procedures substantive due process—determines if a law is fair and constitutional

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 23 Section 1: Protecting Individual Liberties Protections of people’s security against unreasonable state action: The Fourth Amendment protects citizens from unjust government interference forces authorities to show probable cause to obtain a search warrant prevents the authorities from conducting unreasonable searches of people and their possessions Due process prevents the government’s abuse of police power forces the authorities to follow set procedures in carrying out their duties

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 24 Section 1: Protecting Individual Liberties The Bill of Rights protects people’s privacy against the government’s police power.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 25 Section 2: Rights of the Accused Objectives: How does the Constitution protect the right of habeas corpus and protect against bills of attainder and ex post facto laws? How do requirements for bringing charges before grand juries protect the rights of people accused of crimes? How does the Fifth Amendment protect against self- incrimination?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 26 Section 2: Rights of the Accused How the Constitution protects the right of habeas corpus and against bills of attainder and ex post facto laws: Article I, Section 9 guarantees accused people the right to a writ of habeas corpus. Article I, Sections 9 and 10 prevents Congress and state governments from passing bills of attainder. Article I, Sections 9 and 10 prevents federal and state governments from passing ex post facto laws.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 27 Section 2: Rights of the Accused Requirements for bringing charges before grand juries protect the rights of people accused of crimes by limiting the government’s control in holding and indicting accused people.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 28 Section 2: Rights of the Accused Fifth Amendment protections against self-incrimination: protects people accused of crimes from providing evidence against themselves at their own trials or during questioning by law enforcement officials protects people accused of crimes from being forced to incriminate themselves requires that people accused of crimes be informed of the Miranda Rule, their right to refuse to answer questions of law enforcement officials if it might be self-incriminating

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 29 Section 3: Ensuring Fair Trials and Punishments Objectives: Which amendments of the Bill of Rights help guarantee the right to a fair trial? In what ways does the Bill of Rights protect convicted criminals from excessive punishment?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 30 Section 3: Ensuring Fair Trials and Punishments The Fifth, Sixth, Seventh, and Eighth Amendments of the Bill of Rights help guarantee the right to a fair trial.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 31 Section 3: Ensuring Fair Trials and Punishments Ways the Bill of Rights protects convicted criminals from excessive punishment: protects them from cruel punishment guards them from unusual punishment

HOLT, RINEHART AND WINSTON A MERICAN GOVERNMENT HOLT 32 Struggle for Civil Rights Section 1: Citizenship and Immigration Section 2: Diversity and Equal Protection Section 3: Struggle for Civil Rights Section 4: Civil Rights Laws CHAPTER 15

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 33 Section 1: Citizenship and Immigration Objectives: What are the responsibilities of citizenship? In what two ways may a person become a U.S. citizen by birth? How does an immigrant become a U.S. citizen?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 34 Section 1: Citizenship and Immigration Examples of the responsibilities of citizenship: understanding and obeying the law respecting the rights of others paying taxes voting participating in public service

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 35 Section 1: Citizenship and Immigration Two ways a person may become a U.S. citizen by birth: jus sanguinis—being born to parents who are U.S. citizens jus soli—being born in the U.S. or a U.S. territory

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 36 Section 1: Citizenship and Immigration An immigrant becomes a U.S. citizen through naturalization.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 37 Section 2: Diversity and Equal Protection Objectives: How has U.S. immigration policy changed over time? In what ways is the United States an ethnically diverse country? What are the benefits and challenges of diversity in the United States?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 38 Section 2: Diversity and Equal Protection Changes in U.S. immigration policy over time: unrestricted until the late 1800s tight restrictions from the late 1800s to World War II relaxed restrictions following World War II growing restrictions on illegal immigration in the 1980s and 1990s

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 39 Section 2: Diversity and Equal Protection Ways the United States is an ethnically diverse country: populated with people with different heritages retains cultural traditions from various ethnic groups

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 40 Section 2: Diversity and Equal Protection Benefits of diversity in the United States: enriches lives encourages creativity in society Challenges of diversity prejudice discrimination

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 41 Section 3: Struggle for Civil Rights Objectives: What two tests do federal courts use to determine whether laws respect the Equal Protection Clause? How did the Equal Protection Clause help the civil rights movement fight government discrimination?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 42 Section 3: Struggle for Civil Rights Two tests the federal courts use to determine whether laws respect the Equal Protection Clause: rational basis test strict scrutiny test

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 43 Section 3: Struggle for Civil Rights The Equal Protection Clause helped the civil rights movement fight government discrimination by proving that policies based on the separate-but-equal doctrine were unconstitutional.

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 44 Section 4: Civil Rights Laws Objectives: How have civil rights laws protected the rights of African Americans? How have civil rights protections been extended to other minority groups?

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 45 Section 4: Civil Rights Laws How civil rights laws have protected the rights of African Americans: made segregation in public places illegal prohibited discrimination by employers or administrators of any federally funded program secured voting rights provided protection from discrimination in the workplace prohibited discrimination in the advertising, financing, sale, and rental of housing

A MERICAN GOVERNMENT HOLT HOLT, RINEHART AND WINSTON Fundamental Freedoms 46 Section 4: Civil Rights Laws Civil rights laws prohibiting discrimination based on race, national origin, religion, or sex applied and were extended to other minority groups, such as Hispanic and Asian Americans, American Indians, people with disabilities, and women.