Chapter 13- Notes

• History
• 12th Grade

Chapter 13: Constitutional Freedoms

Section 1: Constituional Rights

Section 2: Freedom of Religion

Section 3: Freedom of Speech

Section 4: Freedom of Press

Section 5: Freedom of Assembly

Test: October 8

- Vocab and notebook due

What guarantees the citizens their rights?

In the United States are we able to practice any religion or no religion at all?

Constitutional Rights:

- The consitution guarentees certain basic rights in the Bill of Rights. This guarentees that the gov't cannot abuse the rights of individuals and resitricted the federal governments power

- As times change so does the consitution and rights guarenteed within the consitution

      - 14th amendment

- Nationalization: This allows citizens to take states to court if they believe their basic rights have been violated

14th amendment- defined citizenship (you are a US citizen and a resident of your state) and no person should be denied their human rights without due process of the law (due process- judicial process).  

Freedom of Religion:

- Schools do not practice religion 

     - Parochial schools: Operated by a church or religous group

- Equal Access Act: Allows public high schools to hold religious                meetings

- Students being required to salute the flag has changed over time

     - Originally students had to salute the flag and that was then           over turned in the court of law

The Establishment Clause:

- Congress shall make no law repsecting an establishment of religion

- It has been stressed gov't should not establish an offical church

     - Thomas Jefferson said the 1st amendment created a seperation      between church and state

What is one thing that we do everyday in school that incorporates religion?

Types of Speech:

- Pure speech: verbal expression of thought and opinion before an audience

- Symbolic speech: Using actions or symbols 

     - Burning draft cards to show dislike

- Seditious speech: speech urging resistance to lawful authority or advocating to overthrow the government 

- Slander: false speech that is spoken

- Libel: false speech that is written 

Freedom of Speech:

- When safety is a concern, the first amendment is void

- The preferred position doctrine says the 1st amendment freedoms are the most fundamental freedoms compared to others

- Adversiting is considered commerical speech

     - Less protection under the 1st amendment

What do you consider "press"?

Freedom of the Press:

- Prior restraint: censorship of information before it is published

- Gag order: an order by a judge barring the press from publishing certain information

- Shield laws: gives reporters protection against being forced to disclose confidential information

- Cable operators have more 1st amendment protection than broadcasters but less than newspapers

Cable operators- cable company

Freedom of Assembly:

- A gathering of people (usually involve some form of freedom of speech)

     - Right to parade and demonstrate in public (not private property)

- Without the freedom of assembly, there would be no political parties

- Picketing: Patrolling an establishment to prevent people from going there

     - Only allowed in labor disputes

Freedom of Assembly Cont.:

- Hecklers Veto: public veto of free speech and assembly rights

of unpopular groups by claiming demonstrations will result

in violence

     - Holocaust survivors illustrated this when Nazis were assembling

- The Smith Act: Couldnt overthrow the government

      - This is act made it possible for the court to convict 11 americans who belonged to the communist party