Splash ScreenChapters 11-1,12-1,13 1-5

ContentsChapter FocusSection 1Constitutional RightsSection 2Freedom of ReligionSection 3Freedom of SpeechSection 4Freedom of the PressSection 5Freedom of AssemblyChapter Assessment

Section 1 Introduction-2Powers of the Federal CourtsUnderstanding ConceptsConstitutional Interpretations How has the Supreme Court historically increased its power?Section ObjectiveCompare the jurisdiction of federal and state courts and describe the growth of the Supreme Court.

Section 1-1By the twentieth century, the Supreme Court had become so powerful that Chief Justice Charles Evans Hughes once boasted: We are under a Constitution, but the Constitution is what the judges say it is. Justice Hughes served on the Court from 1930 to 1941; during that time the justices did, in fact, strike down many New Deal measures as unconstitutional.

Section 1-2A.The United States has a dual court system of state and federal courts. I.Jurisdiction of the Courts (pages 305307)B.State courts have jurisdiction over cases involving state laws. C.Federal courts have jurisdiction over cases involving United States laws, foreign treaties, and the interpretation of the Constitution. D. In some cases, federal and state courts have concurrent jurisdiction. E. In the federal court system, trial courts are district courts that have original jurisdiction; federal courts of appeals have only appellate jurisdiction, or authority to hear cases appealed from district courts.

Section 1-3I.Jurisdiction of the Courts (pages 305307)

Section 1-4Compare the jurisdictions of state courts and federal courts. State courts have jurisdiction over cases involving state laws; federal courts over federal laws.I.Jurisdiction of the Courts (pages 305307)

Section 1-5A.The Supreme Court has become the most powerful court in the world; its power developed from custom, usage, and history. II.Developing Supreme Court Power(pages 307308)B.No federal court, including the Supreme Court, may initiate action. C.Federal courts only determine cases; they never simply answer a legal question. D. Chief Justice Marshalls ruling in Marbury v. Madison (1803) gave the Court power to review acts of Congress, or judicial review.

Section 1-6E.Marshall broadened federal power at the expense of the states. F.Justice Taney emphasized the rights of states and those of citizens. II.Developing Supreme Court Power(pages 307308)

Section 1-7II.Developing Supreme Court Power(pages 307308)Do you think the power of judicial review is more or less important today than it was during John Marshalls time? Explain your reasoning. Answers will vary. Judicial review has expanded since Marshalls time. Students may believe that judicial review is more important than ever because laws are more numerous and more complex.

Section 1-8A.The Supreme Courts rulings on the Reconstruction Amendments eventually applied these amendments to economic policy. III.Due Process and Regulatory Power(pages 308310)B.In Plessy v. Ferguson (1896), the Court established the separate but equal precedent. C.In the Granger cases (1870s), the Court held that a state had the power to regulate railroads and other private property.

Section 1-9D.After President Franklin D. Roosevelts Court-packing scheme of 1937 failed, the justices began to uphold laws regulating businesses. E.Under Chief Justice Earl Warren, the Supreme Court emerged as a major force in protecting civil rights, beginning with Brown v. Board of Education of Topeka (1954). III.Due Process and Regulatory Power(pages 308310)

Section 1-10III.Due Process and Regulatory Power(pages 308310)How do you think the course of United States history might have been changed if the Court had ruled the opposite way in Plessy v. Ferguson? Answers will vary. Perhaps integration would have happened sooner.

Section 1 Assessment-11.Main Idea Use a graphic organizer like the one below to show how the Supreme Court extended civil liberties in the 1950s and 1960s.Checking for UnderstandingEffect/Cause: Brown v. Board of Education of Topeka, KSEffect: Outlawed segregation in public schools

___concurrent jurisdiction___original jurisdiction___appellate jurisdiction___litigant___due process clauseSection 1 Assessment-2A.states that no states may deprive a person of life, liberty, or property without due process of lawB.the authority of a trial court to be first to hear a caseC.a person engaged in a lawsuitD.authority shared by both federal and state courtsE.authority held by a court to hear a case that is appealed from lower courtChecking for UnderstandingD

B

E

CAMatch the term with the correct definition.

Section 1 Assessment-33.Identify Marbury v. Madison, judicial review, separate but equal doctrine.Checking for UnderstandingMarbury v. Madison is the Supreme Court case that established judicial review.Judicial review is the Supreme Courts power to review acts of Congress.The separate but equal doctrine evolved from the Supreme Courts Plessy v. Ferguson which held that if facilities for both races were equal, they could be separate.

Section 1 Assessment-44.Identify the different jurisdictions of federal and state courts.Checking for UnderstandingState courts have jurisdiction over state laws; federal courts over U.S. laws, treaties, the Constitution, bankruptcy, and maritime laws.

Section 1 Assessment-55.What doctrine was established by the ruling in Plessy v. Ferguson?Checking for UnderstandingThe separate but equal doctrine, which held that if facilities for both races were equal, they could be separate, was established by this ruling.

Section 1 Assessment-66.Identifying Alternatives What choice of jurisdiction would be available to a person who was being sued by a citizen of another state for damages of at least $75,000?Critical ThinkingThe person being sued could choose to have the case tried in the state court or in a federal court.

Section 1 Concepts in ActionConstitutional Interpretations Choose one of the cases discussed in Section 1 or another case that contributed to the development of the power of the Supreme Court. Research the details of the case, including the background, the ruling, and the reasons for the ruling. Write a newspaper article or tape a news broadcast announcing the effects of the ruling.

Section 1 Introduction-1The Supreme Court at WorkKey Terms writ of certiorari, per curiam opinion, brief, amicus curiae, majority opinion, dissenting opinionFind Out What are the main steps the Supreme Court takes in deciding cases? By what route do most cases from other courts reach the Supreme Court?

Section 1 Introduction-2The Supreme Court at WorkUnderstanding ConceptsPolitical Processes Why does the Supreme Court decline to hear most of the cases brought to it?Section ObjectiveExplain how the Supreme Court selects, hears, and decides cases.

Section 1-1For more than a month, Chief Justice John Marshall served as both chief justice of the United States and secretary of state. President John Adams appointed Marshall chief justice on January 31, 1801. Marshall, then secretary of state, held both positions until March 4, 1801.

Section 1-2A.During two-week sessions, justices hear oral arguments on cases and then meet in secret to make decisions. I.The Courts Procedures (page 331)B.The justices consider arguments in cases they have heard and petitions from plaintiffs, and then write opinions for cases they have decided. C.Justices written opinions interpret the law and help shape public policy.

Section 1-3The Supreme Court reviews about one percent of the cases referred to it. Does this statistic concern you? Explain. See text page 331 regarding the Courts workload.I.The Courts Procedures (page 331)

Section 1-4A.The majority of referred Court cases concern appeals from lower courts. II.How Cases Reach the Court (pages 332333)B.Most appeals concern cases in which a lower state or federal court has ruled laws unconstitutional. Cases the Court chooses not to hear are dismissed, and the ruling of the lower court becomes final. C.Most cases reach the Court by writ of certiorari, in which either side petitions that a lower courts decision involved an error raising a serious constitutional issue.

Section 1-5D.The solicitor general is appointed by the president and represents the federal government before the Supreme Court. E.The chief justice puts worthy certiorari cases on a list for discussion; two thirds of all certiorari cases never make the list. If four of the nine justices agree, a case is accepted. F.Some cases are decided by a brief, unsigned per curiam opinion; the rest are given the Courts full consideration. II.How Cases Reach the Court (pages 332333)

Section 1-6II.How Cases Reach the Court (pages 332333)

Section 1-7II.How Cases Reach the Court (pages 332333)Why does the Supreme Court select a very small percentage of cases to review?The Court selects only very significant cases because of its limited time.

Section 1-8A.Each side submits a brief detailing legal arguments, facts, and precedents. Parties not directly involved but with an interest in the case may submit amicus curiae briefs. III.Steps in Deciding Major Cases (pages 333335)B.Lawyers for each side make oral arguments during which justices may ask questions. C.On Wednesdays and Fridays the chief justice presides over a secret conference, in which each single case is summarized and recommendations for handling it are made.

Section 1-9D.The justices spend about 30 minutes debating each case. Each justice has one vote; a majority vote is needed to decide a case. E.The justices may issue four kinds of opinions: a unanimous opinion, a majority opinion, a concurring opinion, or a dissenting opinion. F.If the chief justice votes with the majority, he or she assigns a justice in the majority to write the Courts opinion. If not, the most senior justice with the majority assigns a justice to write the opinion. III.Steps in Deciding Major Cases (pages 333335)

Section 1-10III.Steps in Deciding Major Cases (pages 333335)In what way has a Supreme Court decision affected you, your family, or your community directly? Answers will vary. Students may refer to decisions affecting schools, free speech, etc.

Section 1 Assessment-11.Main Idea Use a graphic organizer like the one below to identify the three ways cases reach the Supreme Court.Checking for Understandingoriginal jurisdiction, on appeal, writ of certiorari

___writ of certiorari___per curiam opinion___brief___amicus curiae___majority opinion___dissenting opinionSection 1 Assessment-2A.a brief, unsigned statement of a Supreme Court decisionB.the opinion expressed by a minority of justices in a court caseC.a written statement setting forth the legal arguments, relevant facts, and precedents supporting one side of a caseD.an order from the Supreme Court to a lower court to send up the records on a case for reviewE.the opinion expressed by a majority of justices in a court caseF.a written brief from an individual or group claiming to have information useful to a courts considerationChecking for UnderstandingDA

CFEBMatch the term with the correct definition.

Section 1 Assessment-33.Identify Charles Evans Hughes.Checking for UnderstandingCharles Evans Hughes served as chief justice of the Supreme Court and is often quoted on his defense of dissenting opinion.

Section 1 Assessment-44.What steps does the Supreme Court take in selecting, hearing, and deciding cases?Checking for UnderstandingJustices discuss cases and accept those involving important constitutional questions. The Court receives briefs; listens to lawyers oral arguments; discusses the cases in private; votes on the cases; writes opinions; and announces its decisions.

Section 1 Assessment-55.Demonstrating Reasoned Judgment Do you believe that it is proper that the Supreme Courts deliberations are secret and that no minutes are kept?Critical ThinkingAnswers will vary. Students should cite the relationship between secrecy, judicial independence, and political or public pressure.

Section 1 Concepts in ActionPolitical Processes The Supreme Court does not hear all the cases sent to it on appeal. Find out how many cases were sent to the Supreme Court in each of the past 10 years and the number of cases about which an opinion was issued. Present your information in a double bar graph.

End of Section 1

Why Its Important

Chapter ObjectivesConstitutional Rights Discuss constitutional rights and the importance of the nationalization of the Bill of Rights.

Chapter ObjectivesFreedom of Religion Explain the establishment and free exercise clauses that define the First Amendments guarantee of religious freedom.Freedom of Speech Explain how the First Amendment protects diversity of opinion in the United States.Freedom of the Press Analyze First Amendment protections for the sharing of information and opinions.Freedom of Assembly Explain the freedoms and restrictions placed by the First Amendment upon gatherings of people.

End of Chapter Focus

Section 1 Introduction-1Constitutional RightsKey Terms human rights, incorporationFind Out Why is the Constitution of the United States considered to be a living document? How did the Supreme Court extend many rights mentioned in the first 10 amendments to the Constitution?

Section 1 Introduction-2Constitutional RightsUnderstanding ConceptsCivic Participation What general assumptions about its citizens does a democratic government make?Section ObjectiveDiscuss constitutional rights and the importance of the nationalization of the Bill of Rights.

Section 1-1The Fourteenth Amendment, which grants citizenship and fundamental rights to African Americans, was intended to protect the rights of freed African Americans in the South. The amendment was passed in June 1866, but was not ratified by the states until July 1868. The ratification process took so long because many southern states were against equal rights for African Americans. The federal government encouraged ratification of the Fourteenth Amendment by making it a requirement for southern states that wanted to be readmitted into the Union.

Section 1-2A.The Constitution guarantees the basic rights of United States citizens in the Bill of Rights. I.Constitutional Rights (pages 355357)B.Today, the Bill of Rights protects the rights of individuals not only from actions of the federal government but also from actions of state and local governments. C.The Bill of Rights was intended to protect against the actions of the federal government.

Section 1-3D.A process called incorporation extended the Bill of Rights to all levels of government. E.The Fourteenth Amendment, added in 1868, paved the way for a major expansion of individual rights by the due process clause, which Supreme Court rulings have interpreted as applying to all levels of government. I.Constitutional Rights (pages 355357)

Section 1-4F.The Supreme Courts interpretation of the Fourteenth Amendment nationalized the Bill of Rights, thus giving citizens in every part of the United States the same basic rights. G. The incorporation of the Bill of Rights has meant that, in practice, citizens who believe state and local governments have denied them their constitutional rights can take their cases to federal courts, including the Supreme Court. I.Constitutional Rights (pages 355357)

Section 1-5How was the Bill of Rights expanded so that citizens in all parts of the United States now enjoy the same basic rights? By a process called incorporation.I.Constitutional Rights (pages 355357)

Section 1 Assessment-11.Main Idea Use a graphic organizer like the one below to show the effects of incorporation on the scope of the Bill of Rights.Checking for UnderstandingEffect: The Bill of Rights grew to protect citizens on the state as well as federal level.

Section 1 Assessment-22.Define human rights, incorporation. Checking for UnderstandingHuman rights are fundamental freedoms.Incorporation is a process that extended the protections of the Bill of Rights against the actions of state and local governments; the process of setting up a legal community under state law.

Section 1 Assessment-33.Identify Bill of Rights, Fourteenth Amendment. Checking for UnderstandingThe Bill of Rights are the first ten amendments of the Constitution that guarantee basic rights.The Fourteenth Amendment defined citizenship and laid the groundwork for making individual rights national.

Section 1 Assessment-44.Analyze the impact of the incorporation of the Bill of Rights.Checking for UnderstandingIncorporation extended the Bill of Rights to protect citizens from all levels of government in the United States.

Section 1 Assessment-55.Cite the branch of government that has been primarily responsible for the incorporation of the Bill of Rights.Checking for Understandingthe judicial branch (the Supreme Court)

Section 1 Assessment-66.Making Inferences When it came time to submit the new Constitution to the states for ratification, why do you think state leaders insisted on a national Bill of Rights?Critical ThinkingThey feared the potential power and abuses of the national government.

Section 1 Concepts in ActionCivic Participation Some people have argued that all Americans should be required to perform some type of compulsory service. Write an editorial for a newspaper either supporting or opposing the idea of compulsory service.

End of Section 1

Section 2 Introduction-1Freedom of ReligionKey Terms establishment clause, free exercise clause, parochial school, secular, abridge, precedent

Find Out Why did the Court allow state-supported bus transportation for parochial schools but ban their use for field trips? What is the difference between the establishment clause and the free exercise clause of the First Amendment?

Section 2 Introduction-2Freedom of ReligionUnderstanding ConceptsCultural Pluralism How does the free exercise clause protect the diverse cultures and religious practices in the United States?Section ObjectiveExplain the establishment and free exercise clauses that define the First Amendments guarantee of religious freedom.

Section 2-1The Supreme Court in 1962 ruled 6 to 1 against allowing prayers in public schools. The specific case dealing with this issue was Engle v. Vitale, for which Justice Hugo Black wrote the Courts opinion, finding that school prayers violated the establishment clause of the First Amendment.

Section 2-2A.This clause forbids Congress from passing legislation to establish a single religion for the United States. I.The Establishment Clause (pages 358363)B.The First Amendments guarantee of the free exercise of religion forbids Congress from passing laws limiting the practice of religion. C.In practice, religion is important to public life in the United States, and defining separation between church and state has been difficult. D. Establishment clause cases often involve religion and education.

Section 2-3E.Since the Everson ruling in 1947, the Court has ruled some forms of state aid to parochial schools constitutional but has rejected others. F.The Court has ruled state aid to parochial schools constitutional: I.The Establishment Clause (pages 358363)1. if the aid has a clear nonreligious purpose;2. if its main effect is to neither advance nor inhibit religion; 3. if it avoids excessive government entanglement with religion.

Section 2-4G.The Court has allowed released time for religious instruction during the school day if the instruction is provided away from the public schools. H.The Court has struck down organized school prayers but has allowed student religious groups to hold meetings in public schools; debate on the Courts rulings involving religion has been heated and sharply divided. I.The Establishment Clause (pages 358363)

Section 2-5I.The Court also has ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creationism. J.Other interpretations of the establishment clause have involved Christmas nativity displays in public places and prayers at government meetings. I.The Establishment Clause (pages 358363)

Section 2-6Why has the Supreme Court upheld some kinds of state aid to parochial schools and struck down other kinds of aid? Because of its interpretation of the free exercise and establishment clauses.I.The Establishment Clause (pages 358363)

Section 2-7A.The Supreme Court makes an important distinction between religious belief and practice. II.The Free Exercise Clause (pages 363364)B.Religious freedom cannot justify behavior or practices that violate laws protecting the health, safety, or morals of the community. C.Amish parents could not be forced to send their children to public school beyond eighth grade; children of Jehovahs Witnesses could not be required to salute the flag in the classroom.

Section 2-8II.The Free Exercise Clause (pages 363364)Compare the effects of the establishment clause and the free exercise clause of the First Amendment on the freedom of religion that United States citizens enjoy. Answers will vary. Students should use specific examples.

Section 2 Assessment-11.Main Idea Use a Venn diagram like the one below to show the difference between the establishment clause and the free exercise clause of the First Amendment and what they have in common.Checking for Understandingestablishment clause: no single church or set of beliefs can predominate; both: wall of separation between church and state; free exercise clause: the right to hold any religious beliefs is absolute

___establishment clause___free exercise clause___parochial school___secular___abridge___precedentSection 2 Assessment-2A.limitB.operated by a church or religious groupC.the First Amendment guarantee that prohibits government from unduly interfering with the free exercise of religionD.a model on which to base later decisions or actionsE.nonreligiousF.the First Amendment guarantee that Congress shall make no law respecting an establishment of religionChecking for UnderstandingF

C

BEADMatch the term with the correct definition.

Section 2 Assessment-33.Identify Equal Access Act. Checking for UnderstandingThe Equal Access Act allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school.

Section 2 Assessment-44.What three-part test does the Supreme Court use to determine if government aid to parochial education is constitutional?Checking for UnderstandingAid must have a clearly secular purpose, must neither advance nor inhibit religion, and must not involve excessive government entanglement with religion.

Section 2 Assessment-55.Recognizing Ideologies Do you think that prayer in public schools is permitted or disallowed by the establishment clause and/or the free exercise clause of the First Amendment? Explain your answer.Critical ThinkingAnswers will vary. Some students may contend that if such prayers neither favor nor discriminate against specific religions, church and state separation is maintained. Other students may argue that any religious activity in public schools destroys that separation.

Section 2 Concepts in ActionCultural Pluralism Study the free exercise and establishment clauses. Take a position on the following: Government buildings should be allowed to place the motto In God We Trust in public view. Outline the reasons for your position, then create a banner or poster stating your position.

End of Section 2

Section 3 Introduction-1Freedom of SpeechKey Terms pure speech, symbolic speech, seditious speech, defamatory speech, slander, libelFind Out What speech is protected by the First Amendment, and what speech is not protected?How has the Supreme Court applied the principles of clear and present danger and the bad tendency doctrine in determining free speech?

Section 3 Introduction-2Freedom of SpeechUnderstanding ConceptsCivil Liberties What is the intent of the preferred position doctrine? Section ObjectiveExplain how the First Amendment protects diversity of opinion in the United States.

Section 3-1More than 2,000 years ago, a Greek philosopher named Diogenes said, The most beautiful thing in the world is free speech. Just as ancient Greece valued freedom of speech, United States citizens also regard it as one of their most fundamental rights. In fact, the nations founders included this freedom as a basic part of the first amendment they added to the Constitution.

Section 3-2A.Free speech includes verbal expression of thought and opinion and symbolic speech, using actions and symbols. I.Types of Speech (pages 366367)B.Because symbolic speech involves action, it may be limited by government restrictions that do not apply to free speech. C.Government can regulate or forbid symbolic speech if it falls within the constitutional power of government, if it is narrowly drawn to further a government interest not related to suppressing speech, or if it leaves open enough other channels of communication.

Section 3-3Compare pure speech and symbolic speech. In what ways are they similar? In what ways are they different? Pure speech is verbal expression; symbolic speech is actions and symbols; both are protected by the First Amendment.I.Types of Speech (pages 366367)

Section 3-4A.The rights of free speech must be balanced against the need to protect society. II.Regulating Speech (pages 367369)B.Free speech may be limited when it clearly presents an immediate danger, as in the Schenck case (1919). C.Free speech can be restricted even if it only tends to lead to illegal action (the bad tendency doctrine), given societys need to maintain public order.

Section 3-5D.The Court has ruled that the First Amendment freedoms have a preferred position because they are more fundamental than other freedoms; laws limiting them are presumed unconstitutional. E.The Court has held that people are free to speak out in support of political objectives; however, free speech does not protect those who advocate immediate and specific acts of violence. II.Regulating Speech (pages 367369)

Section 3-6II.Regulating Speech (pages 367369)What three constitutional tests has the Supreme Court used when deciding whether limits on free speech are permissible? Clear and present danger rule, bad tendency doctrine, preferred position doctrine.

Section 3-7A.The First Amendment does not protect defamatory speech. III.Other Speech Not Protected (pages 369370)B.Defamatory speech includes slander, or spoken words, and libel, or written words, in false and damaging statements about someone. C.Public officials and public figures in general are excluded from the right to sue for slander in order to preserve an individuals right to criticize the government.

Section 3-8D.Fighting words, or speech intended to provoke violence, are not protected. E.School authorities can regulate students free speech at school events and during activities. III.Other Speech Not Protected (pages 369370)

Section 3-9III.Other Speech Not Protected (pages 369370)Do you agree or disagree with limits on students freedom of speech in public schools? Use examples of these limits to explain your opinion. Answers will vary. See cases on text page 370.

Section 3 Assessment-11.Main Idea Use a Venn diagram like the one shown here to explain the difference between slander and libel. Checking for UnderstandingSlander: spoken; Libel: written

___pure speech___symbolic speech___seditious speech___defamatory speech___slander___libelSection 3 Assessment-2A.the use of actions and symbols, in addition to or instead of words, to express opinionsB.false speech intended to damage a persons reputationC.speech urging resistance to lawful authority or advocating the overthrow of the governmentD.false written or published statements intended to damage a persons reputationE.the verbal expression of thought and opinion before an audience that has chosen to listenF.false speech that damages a persons good name, character, or reputationChecking for UnderstandingEA

C

F

BDMatch the term with the correct definition.

Section 3 Assessment-33.Identify clear and present danger.Checking for UnderstandingThe phrase clear and present danger refers to a test judges frequently rely on to resolve the conflict between free expression and the demands of public safety.

Section 3 Assessment-44.What three tests does the Supreme Court use to set limits on free speech?Checking for Understandingclear and present dangerspeech presenting immediate danger is not protected; bad tendencyspeech can be restricted even if it only tends to lead to illegal action; preferred positionspeech should not be limited unless absolutely necessary

Section 3 Assessment-55.What types of speech does the First Amendment not protect?Checking for UnderstandingThe First Amendment does not protect seditious speech, defamatory speech, fighting words, and certain types of student speech.

Section 3 Assessment-66.Making Comparisons How does freedom of speech in the United States differ in wartime and in peacetime? Refer to Supreme Court decisions in your answer.Critical ThinkingSpeech considered seditious during war [Schenck (1919) and OBrien (1968)] was protected in peacetime [Yates (1957) and Brandenburg (1969)].

Section 3 Concepts in ActionCivil Liberties The Supreme Court has held that First Amendment freedoms are more fundamental than others. Read a Court decision in this chapter and create a political cartoon supporting or opposing the Courts view. Post your cartoon on a bulletin board and challenge other students to guess the case that it identifies.

End of Section 3

Section 4 Introduction-1Freedom of the PressKey Terms prior restraint, sequester, gag order, shield lawsFind Out How has the Supreme Court ruled when the presence of the media could affect a court trial? What is the Supreme Courts opinion on prior restraint?

Section 4 Introduction-2Freedom of the PressUnderstanding ConceptsCivil Liberties Some people perceive an adversarial relationship between the government and the press. Is this so? Why or why not?Section ObjectiveAnalyze First Amendment protections for the sharing of information and opinions.

Section 4-1In ruling on Near v. Minnesota, Chief Justice Charles Evans Hughes declared that prior restraint was the essence of censorship but acknowledged four possible circumstances in which he felt censorship might be allowed: when something printed was obscene, weakened national security, invaded private rights, or incited violence.

Section 4-2A.Prior restraint, or censorship in advance, is permissible only in cases directly related to national security. I.Prior Restraint Forbidden (pages 371372)B.In Near v. Minnesota (1931) the Court ruled that states could not stop the publication of a newspaper because that action involved prior restraint. C.In the Pentagon Papers case in 1971, the majority ruled that the government could not stop the publication of secret government documents because it would involve prior restraint.

Section 4-3Why were the justices of the Supreme Court divided in their decision in the Pentagon Papers case in 1971? Explain the issues that caused the Court to split in this ruling. See the case and decision on text page 372.I.Prior Restraint Forbidden (pages 371372)

Section 4-4A.The First Amendment rights of a free press sometimes conflict with the Sixth Amendments guarantee of a fair trial. II.Fair Trials and Free Press (pages 372374)B.After the Sheppard case (1966), the Supreme Court described measures that courts might take to restrain press coverage, including moving the trial site, limiting the number of reporters in the courtroom, controlling reporters conduct in court, keeping witnesses and jurors isolated from the press, and sequestering the jury.

Section 4-5C.Gag orders barring the press from publishing certain types of information are illegal and are allowed only in unusual circumstances. D.After the Court ruled that reporters, like all citizens, must testify in cases if called and cannot refuse to reveal their sources of information, some states passed shield laws to protect the media from being forced to disclose confidential information in state courts. II.Fair Trials and Free Press (pages 372374)

Section 4-6II.Fair Trials and Free Press (pages 372374)Do you favor or oppose state shield laws to protect news reporters? Explain your reasons. Answers will vary. Most states have passed shield laws.

Section 4-7A.The Founders viewed the press strictly as printed material; electronic media had not yet been invented. III.Free Press Issues (pages 374375)B.Radio and television do not enjoy as much freedom as other press media because they use the public airways. C.The Federal Communications Commission (FCC) regulates radio and television. That agency cannot censor broadcasts but may set standards.

Section 4-8D.Movies and the Internet are protected by free press guarantees. E.Communities may regulate obscenity within limits acceptable to the courts. F.Advertising is commercial speech and thus receives less protection than purely political speech. III.Free Press Issues (pages 374375)

Section 4-9III.Free Press Issues (pages 374375)How has the Supreme Court applied different tests to the news media invented since the Constitution was adopted? See standards for radio, television, motion pictures, and the Internet on pages 374375.

Section 4 Assessment-11.Main Idea Use a graphic organizer like the one shown to analyze the importance of the Supreme Courts ruling on the Communications Decency Act.Checking for Understandingissue at stake: freedom of speech safeguards on other media, such as the Internet; Courts ruling: speech on the Internet is constitutionally protected

___prior restraint___sequester___gag order___shield lawsSection 4 Assessment-2A.given by a judge barring the press from publishing certain types of information about a pending court caseB.give reporters some means of protection against being forced to disclose confidential information or sources in state courtsC.to keep isolatedD.government censorship of information before it is published or broadcastChecking for UnderstandingDCABMatch the term with the correct definition.

Section 4 Assessment-33.Identify Federal Communications Commission.Checking for UnderstandingThe Federal Communications Commission is a government agency that regulates the actions of radio and broadcast television.

Section 4 Assessment-44.When can the government exercise prior restraint on the press?Checking for UnderstandingThey can exercise prior restraint only in those cases relating directly to national security.

Section 4 Assessment-55.What measures may a court take to restrain press coverage in the interest of a fair trial?Checking for UnderstandingCourts may move or delay the trial to reduce pretrial publicity, limit the number of reporters in the courtroom or place strict controls on their conduct, isolate witnesses and jurors from the press, and sequester the jury.

Section 4 Assessment-66.Checking Consistency Are there any circumstances under which reporters should be required to reveal or protect their confidential information or sources? Explain your answer.Critical ThinkingSome students may feel that when national security, public safety, or individual rights are jeopardized, reporters should not be shielded from mandatory disclosure. Others may argue that information that endangers someone should not be revealed.

Section 4 Concepts in ActionCivil Liberties The issue of freedom of the press traces back to the New York v. John Peter Zenger case. Research this case and explain how the results of this case relate to freedom of the press issues today. Present your findings in a comparison chart.

End of Section 4

Section 5 Introduction-1Freedom of AssemblyKey Terms picketing, Holocaust, hecklers vetoFind Out What constitutional protections are applied to demonstrations by unpopular groups, or to those who might incite violence? What are the limits on public assembly?

Section 5 Introduction-2Freedom of AssemblyUnderstanding ConceptsCivil Liberties Why is freedom of assembly subject to greater regulation than freedom of speech?Section ObjectiveExplain the freedoms and restrictions placed by the First Amendment upon gatherings of people.

Section 5-1Burning an American flag during a demonstration protesting some action or policy of the government may be unpopular, but it is not illegal. Why? The Supreme Court has ruled that flag burning is protected by the First Amendment because it is symbolic speech.

Section 5-2A.Freedom of assembly is a right closely related to freedom of speech. I.Protecting Freedom of Assembly(pages 376378)B.The Supreme Court, in DeJonge v. Oregon (1937), ruled that free assembly is as important as free press and free speech and that free assembly is protected from state and local governments. C.Freedom of assembly includes the right to parade and hold demonstrations in public places, but those who organize the events must get a permit.

Section 5-3D.Demonstrations at public facilities may be limited. E.Demonstrations are not allowed on private property, such as shopping malls and abortion clinics, because they interfere with property rights. I.Protecting Freedom of Assembly(pages 376378)

Section 5-4When might freedom of assembly conflict with the publics right to order and safety, and which do you think is more important? Answers will vary. For examples of this conflict see text pages 376377.I.Protecting Freedom of Assembly(pages 376378)

Section 5-5A.When people assemble to advocate unpopular causes, police may have difficulty protecting them from violence and disorder. II.Public Assembly and Disorder (pages 378380)B.The Nazi party march in Skokie, Illinois, in 1977 illustrated the hecklers veto: the public vetoes the rights of free speech and assembly of an unpopular group. C.Police may disperse a demonstration in order to keep the peace, but in the Gregory case (1969), the Court upheld the right of assembly by persons peacefully demonstrating in support of an unpopular cause.

Section 5-6II.Public Assembly and Disorder (pages 378380)How effective do you think the hecklers veto would be in your community? Answers will vary. Hecklers veto is defined on text page 379.

Section 5-7A.Labor picketing is different from other demonstrations; it seeks to persuade customers not to deal with a business whose workers are on strike. III.Protection for Labor Picketing (pages 380382)B.Before 1940 the Supreme Court supported restraints on labor picketing, but in that year it ruled that picketing was a form of free speech; in the years since, forms of picketing have been limited in several key rulings.

Section 5-8III.Protection for Labor Picketing (pages 380382)Compare labor picketing with other kinds of demonstrations. In what ways are they the same and different? Picketing is a form of free speech, but it includes a picket line which may deprive a business of customers or workers.

Section 5-9A.The right of free assembly includes the right of free association, including joining a political party, interest group, or other organization. IV.Freedom of Association (page 382)B.Membership in groups advocating the use of force to overthrow the government, the Court has ruled, is not illegal; when members of such groups actually prepare to use such force, however, the acts are punishable.

Section 5-10IV.Freedom of Association (page 382)How did the Supreme Court apply the clear and present danger doctrine to membership in subversive groups? In the 1950s the Court upheld convictions against Communist Party members. Later it ruled that merely advocating a belief did not show a clear and present danger.

Section 5 Assessment-11.Main Idea Use a graphic organizer like the one below to identify two reasons the right to assemble is important to preserve in a democracy and two reasons it can be limited.Checking for Understandingto preserve: it allows political parties and interest groups to exist, as well as organized dissent against the government; to limit: local governments may require permits for organized parades and demonstrations, and restrictions may be set if the right of assembly clashes with the rights of other people.

Section 5 Assessment-22.Define picketing, Holocaust, heckler's veto. Checking for UnderstandingPicketing is patrolling an establishment to convince workers and the public not to enter it.The Holocaust was the mass extermination of Jews and other groups by the Nazis during World War II.The hecklers veto refers to the public veto of free speech and assembly rights of unpopular groups by claiming demonstrations will result in violence.

Section 5 Assessment-33.Identify clear and present danger doctrine. Checking for UnderstandingThe clear and present danger doctrine was a major issue when the government began to arrest and convict accused subversives, primarily Communist Party members during the 1950s.

Section 5 Assessment-44.What two principles were established by the DeJonge decision?Checking for UnderstandingThe right of assembly is as important as free speech; the Fourteenth Amendment protects the right of assembly from infringement by state and local governments.

Section 5 Assessment-55.Checking Consistency Should more restrictions apply if a parade supports an unpopular cause? Support your answer.Critical ThinkingAnswers may vary but should balance the rights of assembly with the potential for violence.

Section 5 Concepts in ActionCivil Liberties Imagine that you are the mayor of a town where a citizen is planning a rally to protest the governments environmental policies. Write a letter to the city council explaining the constitutional issues and the public welfare concerns that they should consider before allowing the rally.

End of Section 5

Chapter Assessment 1

Chapter Assessment 2Reviewing Key Terms___1.Spectators threaten violence against an unpopular demonstration and, in order to keep peace, authorities break up the demonstration.___ 2.A government official tells a reporter that she cannot publish a story that might compromise national security.___ 3.A group burns an American flag to show its objection to a government policy.___ 4.A newspaper publishes an untrue story that damages the reputation of a local resident.E

C

H

DFrom the following list, choose the term that fits each situation described.A. shield lawsE. hecklers vetoB. pure speechF. seditious speechC. prior restraintG. picketingD. libelH. symbolic speech

Chapter Assessment 3Reviewing Key Terms___ 5.Animal rights activists parade outside a store that sells furs and attempt to convince customers not to enter the establishment.___ 6.An individual urges a group to fight the police rather than obey a police order to disperse.___ 7.A person stands in front of a group and states her opinion on an issue.___ 8.A reporter is protected against being forced to disclose a source of information in court.G

F

B

AFrom the following list, choose the term that fits each situation described.A. shield lawsE. hecklers vetoB. pure speechF. seditious speechC. prior restraintG. picketingD. libelH. symbolic speech

Chapter Assessment 41.List four freedoms the First Amendment protects.Recalling FactsIt protects freedom of religion, freedom of speech, freedom of assembly, and freedom of the press.2.List four examples of how religion remains part of government.Possible answers: Most government officials take their oaths of office in the name of God. The nations coins carry the motto In God We Trust. The Pledge of Allegiance contains the phrase one nation under God. Daily sessions of Congress open with a prayer.

Chapter Assessment 53.Identify kinds of speech the First Amendment protects and kinds it does not protect.Recalling FactsIt protects pure speech and symbolic speech. It does not protect seditious speech, defamatory speech, or fighting words.4.How might freedom of the press interfere with an individuals right to a fair trial?The press might print or broadcast information that might influence witnesses testimony, prejudice jurors or prospective jurors, or otherwise influence the trials outcome.

Chapter Assessment 65.Why may government require that groups first obtain permits to parade or demonstrate?Recalling FactsPermits are required so that authorities can make arrangements for the publics welfare, safety, and protection.

Chapter Assessment 71.Civic Participation Analyze the Supreme Courts decision in Gitlow v. New York. How did it support the intent of the Fourteenth Amendment to define citizenship and civic participation?Understanding ConceptsPossible answers: The Courts decision that freedom of speech is a basic, undeniable right promotes an atmosphere in which citizens can speak their minds about issues that matter to them, but cannot advocate the violent overthrow of the government. The ruling determined that no state government could deny basic rights and liberties to any person.

Chapter Assessment 82.Civil Liberties Why did the court treat a Minneapolis newspaper differently than a Hazelwood school newspaper?Understanding ConceptsAnswers may vary, but students should note that school officials are responsible for activities that take place on school property and may regulate school curriculum and publications, whereas the Minneapolis newspaper was privately published and free from government censorship and prior restraint.

Chapter Assessment 91.Demonstrating Reasoned Judgment Should the First Amendment protect those who publish stolen government documents? Explain.Critical ThinkingAnswers will vary, but should include references to Supreme Court decisions on this issue, such as the Pentagon Papers case. Students should attempt to balance the interests of the national security and government suppression of embarrassing information.

Chapter Assessment 102.Recognizing Ideologies The Court ruled out laws requiring the teaching of creationism, but not the teaching of creationism itself. Does teaching creationism in public schools serve to endorse a particular religious doctrine? Explain.Critical ThinkingAnswers will vary, but should address questions such as the following: Can an individual teacher present creationism objectively? If creationism is taught, is it presented as a specific religious doctrine? What evidence is presented?

Chapter Assessment 113.Making Comparisons Use a graphic organizer like the one below to compare the three tests for limiting seditious speech.Critical Thinkingrelaxes limits: preferred position; sets standard: clear and present danger; toughens limits: bad tendency.

Chapter Assessment 121.Whom do you think the person in the cartoon is representing? Why?Interpreting Political Cartoons ActivityThe cartoon is representing the Framers of the Constitution, because his clothing, hairstyle, and writing materials suggest the time when the Constitution was written.

Chapter Assessment 132.What is this person doing?Interpreting Political Cartoons ActivityHe is drafting the Constitution or the Bill of Rights.

Chapter Assessment 143.What do his thoughts suggest about the nature of an individuals constitutional rights?Interpreting Political Cartoons ActivityThey suggest how the nations Founders had to create a balance between freedom and rights and the limits to them.

Chapter Assessment 15What are the three major religions practiced in the United States today?Christianity, Islam, and Judaism

End of Chapter Assessment

Section Focus 11)in 18332)the Civil War and the emancipation of enslaved African Americans3)Answers will vary.

Section Focus 21)less than one-fourth2)2.8%3)Answers will vary.

Section Focus 31)Congress passed the Flag Protection Act of 1989.2)It is considered to be a legal symbolic speech.3)Answers will vary.

Section Focus 41)One possibility is that pretrial publicity may make it difficult to find jurors who have not already formed an opinion.2)Answers will vary.3)Answers will vary.

Section Focus 51)number one and possibly number four2)number two because it would be on private property3)number three

Making It Relevant

Extra CreditDepicting Rights and Freedoms Many events discussed in this chapter are filled with drama. Select one such moment to depict artistically. Here are a few ideas:James Madison introducing to Congress the set of amendments that became the Bill of Rightsstudents or parents demonstrating against a Court ruling (as in school prayer or Bible-study case)a student newspaper staff learning that their publication is being censoredreporters competing for interviews with jury members from a high-profile trial

Be prepared to explain your choice. Prepare a classroom display of the individual works.

Cover Story 1

Cover Story 2

Cover Story 3

Cover Story 4

Cover Story 5

Linking Past and Present 13-4The Colonial Press Freedom of the press was an important issue in the North American colonies. The libel trial of John Peter Zenger in 1735 set a precedent for this freedom. Zenger, the publisher of the New York Weekly Journal, accused a British official of corruption. As a result, Zenger was brought to trial on charges of libel. His lawyer, Alexander Hamilton, argued that Zenger was not guilty because the accusations were true and because free speech was a basic right of the British people. The jury agreed and found Zenger not guilty.

Did You Know 13-5Dick Gregory continued to work for political change after his experience in Chicago. Perhaps his best known comment appears in Dick Gregorys Political Primer (1972): In the United States, the Constitution is a health chart left by the Founding Fathers which shows whether or not the body politic is in good health. If the national body is found to be in poor health, the Founding Fathers also left a prescription for the restoration of health called the Declaration of Independence.

You Dont Say 13-2Nondenominational means, in this context, not having to do with any particular group of churches or religion. In other words, the nondenominational prayer in the Engel v. Vitale case was deemed by the New York Board of Regents acceptable for use by Roman Catholics, Baptists, Mormons, Jews, and so on.

You Dont Say 13-5Picket originally was the name given to a British soldier or group of soldiers who were set to watch for the enemy. The British labor movement adopted this term to refer to a union member who, during a factory strike, would watch for laborers coming to work and try to persuade them to join the strike. Both meanings were used in the United States as well, before the term came to refer to other kinds of protests.

TIME For the Record 13-5Spam, or unsolicited e-mail advertising, is an issue over which new technology and the First Amendment may come into possible conflict. Some computer users say junk e-mail is even worse than regular junk mail because it clogs up the Internet and can cost the recipient in telephone bills. States have passed legislation to control spam, but some people do not want to see laws that would eliminate it altogether. They say that although spam is a nuisance, banning it would be a violation of the First Amendment. If spam is controlled by the government, they argue, other kinds of Internet speech might also become regulated. Instead, these critics believe that federal and state legislation should continue to provide limited protection against certain forms of spam without forbidding people their right to self expression.Spam Ban?

Issues to Debate 13-2Restricting Freedoms Most Americans believe that one of the principal functions of government is to protect the rights of the governed. Among the rights that Americans want government to secure are freedom of religion, speech, press, and assembly. These civil liberties are expressly granted to citizens in the First Amendment. While the Constitution grants citizens these liberties, it can also be used by government to restrict these liberties when it can be shown that it is in the public interest to do so. Debate these issues by agreeing or disagreeing with the following statement: In a democracy, guaranteed rights must be accompanied by a means to restrict those rights.

Participating in Government 13-5Students on Parade Think of a local parade in which you would like to participate and then find out how you would apply for a parade permit. Share your findings with the class and discuss whether or not you think that some kinds of parades are more welcome in the community than othersand, if so, which ones.

Curriculum Connection 13-2Law The Supreme Court decision in Abington School District v. Schempp banned the reading of the Lords Prayer and sections from the Bible, but it did not rule against teaching about religion in public schools. The ruling noted, Nothing we have said here indicates that . . . study of the Bible or religion, when presented objectively as part of a secular program of education, may not be effected consistently with the First Amendment.

We the People 13-5Gladiola Campos and the other students in Union Summer worked in some 20 communities nationwide, focusing their efforts on educating and mobilizing women, recent immigrants, and racial minorities. Joy Applin, another student worker in that summers program, said, I am so glad that I am in Union Summer. Before, I didnt have much knowledge about unions. Now, its making me excited. And Gladiola Campos commented, Im pumped up . . . I feel ready to take on the world. Activity: Consider how you might try to educate a personespecially a person whom you felt was being taken advantage ofabout his or her rights. Gladiola Campos

Law and You 13-5More About Finding Supreme Court DecisionsBrowse the Internet to obtain information on Supreme Court decisions. U.S. Government Printing Office Home Page: http://www.access.gpo.gov/ Meta-Index for U.S. Legal Research: http://gsulaw.gsu.edu/metaindex/ Legal Information Institute: http://www.law.cornell.edu/ Oyez: U.S. Supreme Court Multimedia: http://www.oyez.org/

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