1. MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights
The First Amendment

2. Freedom of Religion Establishment Clause Free Exercise Clause
Religious Belief = complete freedom
Religious Practice = may be restricted
Wall of Separation between Church & State
Example = no mandatory prayer in schools
Example = refusing to say the Pledge of Allegiance

3. Public Religious Displays
Marriage
Vaccinations
Evolution vs.
Creationism

4. Freedom of Speech “Symbolic” Speech “Pure” Speech
Spoken or written thoughts, words, or ideas
Symbols, slogans, artwork, clothing, songs, gestures, etc.
EXCPET – slander or defamatory language = (false + harmful)
EXCEPT – speech creating a “clear and present” danger

5. Symbolic Speech
“Hate” Speech

6. Freedom of the Press No “Prior Restraint”
No censorship or restriction on what is published
EXCEPT = libelous statements or false advertising (false + harmful)
EXCEPT = threats to national security (“leaking” information)

7. No Censorship
False Advertising
National Security

8. Freedom of Association
Right to Assemble
Freedom of Association
Right to Protest
Protesting government actions (demonstrations, marches , etc.)
Right to join or form groups or organizations
EXCEPT = Time or place restrictions, public safety, private property, etc.
EXCEPT = terrorist or criminal organizations

9. Time & Place
Not Content
Public Access

10. Interpretations of the First Amendment
First Amendment is usually given a “preferred position”
Freedom of expression is only limited when absolutely necessary
This is necessary for a free and democratic government
Unpopular beliefs and opinions must also be protected
Fundamental rights will often conflict with each other
Supreme Court has ultimate say in how rights are applied

11. MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights
The Fourteenth Amendment
Discrimination
Treating a person or group unfairly solely based on race, religion, sex, etc.

12. Equal Protection
Government cannot make unreasonable distinctions among groups of people
Government can make some distinctions
Inequalities can and do exist
For example, colleges only admit those who are qualified

13. Laws must show a good reason to justify a classification
Rational Basis
Laws must show a good reason to justify a classification
A law requiring a vision test might discriminate against he blind, but it is necessary for public safety
A law prohibiting women from driving has no rational basis
(Women are actually safer drivers than men)

14. Suspect Classifications
Classifications based on race or national origin are “suspect”
Laws requiring separate seating for African Americans were based on race and were therefore suspect
Laws designating certain areas for smokers are based on a behavior that can threaten public health
Therefore, it is not suspect

15. Classifications are less likely when a fundamental right is involved
Fundamental Rights
Classifications are less likely when a fundamental right is involved
The right to vote is a fundamental right
Limits on the right to vote (like poll taxes & literacy tests) have been found unconstitutional
Driving is considered a privilege
Driving tests, vision tests, and registration fees are okay under the law

16. Intent to Discriminate
Classifications must show an intent to discriminate
Physical requirements for firefighters might exclude more women than men
But there is no intent to discriminate against women
Laws that segregated schools and colleges were clearly meant to discriminate against African-Americans