1. Take out the court Cases on Certiorari from Yesterday and 19.3 notes
Civil Liberties
Take out the court Cases on Certiorari from Yesterday and 19.3 notes
How are we protected?

2. Today’s objective After today’s lesson, students will be able to…
Discuss the Supreme Court rulings that protect and limit certain First Amendment Rights
Essential Skill:
C-3 Gather information and draw conclusions

3. Review of Certiorari

4. What can the Supreme Court Do?
1) Hear it and decide the case!
2) Send it back to the lower courts for reconsideration
3) Nothing! Lower courts decision stands

5. Writing Opinions 3 Types of Opinions
1) Majority Opinion – opinion agreed upon by a majority of the justices
2) Concurring Opinion – written by a justices or justices who agree with the majority opinion, but not with the reasoning behind the decision
3) Dissenting Opinion – written by a justice or justices who disagree with the majority opinion
Majority opinion becomes precedent
Standards or guides to be followed in deciding similar cases in the future
Ex. Roe v. Wade (abortion)

6. Judicial Philosophy 2 Types of Philosophies 1) Judicial Activism
The court should play a more active role in creating national policies and answering questions of conflict in society given current conditions and changes in society
2) Judicial Restraint
The court should operate strictly within the limits of the Constitution and only answer questions if a clear violation of the Constitution is present.
Policy making should be left up to the executive and legislative branches
Follow precedent

7. FISA The Foreign Intelligence Surveillance Act of 1978
Civil Liberties: Individual Rights Protected by Law

8. What are the 5 freedoms in the first Amendment?
Religion
You can believe what you want, belong to any religion or no religion
Speech
You can voice your opinions using words, symbols, or actions
Press
The government cannot censor information in newspapers, online news sources, TV broadcasts, etc.
Assembly
You can gather in a group if peaceful and lawful
Petition
You can criticize the government and you can complain about policies that affect you negatively and ask for change or use the court system

9. 1st and 14th amendment
First 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.
Fourteenth All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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; nor deny to any person within its jurisdiction the equal protection of the laws.

10. What Freedom is most important?
Rank the freedoms 1 to 5 based on importance
(1 most important…5 least important)
We will vote on the most important freedom

11. Winning freedom
If you only had freedom of __________, would these events have been/be possible?
Martin Luther King Jr.’s “I Have a Dream” speech on the National Mall
The Washington Post uncovering the Watergate scandal
Women gaining the right to vote
An all-night prayer vigil in memory of a fallen soldier
The creation of a Website that details the sources of politicians campaign contributions
INTERDEPENDENT

12. Politically Correct Speech

13. Limitations on Freedom of Speech/Press
Creating “clear and present danger” (Holmes )
Insight anarchy-Sedition
Libel: false and malicious use of printed words
Slander: false and malicious use of spoken words
Obscene words or content

14. Court Cases Read through the summary of each case with your partner
Using your 19.3 notes, decide whether or not each form of speech is protected by the First Amendment
If it is not protected, explain why underneath the summary