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Mr. McCormackAmerican GovernmentCentral Dauphin High SchoolChapter Nineteen – Civil Liberties: First Amendment FreedomsBig Idea WorksheetStudy GuideSection One: The Unalienable Rights (p 532-536)The US Constitution, unlike many of the first state constitutions, did not include a general listing of __________. Due to a popular outcry, the first Congress fixed that deficiency by proposing amendments that became known as the _________. (532)Civil Liberties:______________________________________________________________________Civil Rights:________________________________________________________________________While all governments have authority over individuals, a key difference between democracies and dictatorships is the __________ of that authority. Democratic governments are limited by guarantees of __________. (533)Rights are relative, not __________. Basically, all persons have the right to do as they please as long as they do not infringe on the __________. (533)Most constitutional rights are extended to all persons, including __________ as well as citizens. (534)The first ten amendments were originally intended as restrictions on the __________ government. (534)This does not mean that the states can deny basic rights to the people. Firstly, each state __________ contains its own bill of rights. Secondly, the Supreme Court has interpreted the __________ Amendment’s __________ Clause to mean no state can deny any right that is basic or essential to the American concept of ordered liberty. [This concept is known as “substantive due process.”] The Supreme Court has gradually held that most, but not all, of the Bill of Rights are essential. This process is known as __________. (535) The __________ Amendment, sometimes called the “reserved rights amendment,” invokes the existence of rights not mentioned in the Constitution, but the Supreme Court has never really relied on this amendment in recognizing them. (536)Mr. McCormackAmerican GovernmentCentral Dauphin High SchoolChapter Nineteen – Civil Liberties: First Amendment FreedomsBig Idea WorksheetStudy GuideSection Two: Freedom of Religion (p 537-544)The Freedom of Religion appears in the __________ Amendment, which reads, “Congress shall make no law respecting an __________ of religion or prohibiting the __________ thereof;” (537)Thomas Jefferson coined the phrase “__________ of Separation” to describe the Establishment Clause, but no one should think that it requires a total divorce between the government and religion. Our pledge of allegiance, coins, and many public traditions include religious references. (538)Unfortunately, the Supreme Court has struggled to develop clear guidelines to help us identify Establishment Clause violations. Perhaps the best available guidelines appeared in Lemon v. Kurztman (1971).What are the three steps of the Lemon Test? (541)1)2)3)The Supreme Court has also struggled with the concept of Free Exercise. Originally, the court reasoned that actions could be separated from beliefs, and that the government could always control actions. Eventually, the court became more sensitive to protecting religiously inspired actions. The Court announced a standard for judging the constitutionality of restrictions that conflict with religiously inspired actions in Church of Lukumi Babalu Aye v. Hialeah. The law must be: 1) neutrally drafted and 2) generally applied. [Basically, neither the language of the law nor its enforcement can target a religious practice for persecution.] If, however, the law appears to fail either of those conditions, the Court will still deem it constitutional if it has been narrowly tailored to accomplish a compelling government interest. Mr. McCormackAmerican GovernmentCentral Dauphin High SchoolChapter Nineteen – Civil Liberties: First Amendment FreedomsBig Idea WorksheetStudy GuideSection Three: Freedom of Speech and Press (p 546-553)“Speech” means more than spoken words. It also means other methods of communicating ideas: written words, symbols, pictures, expressive conduct, etc.The Supreme Court seems to have taken a categorical approach to freedom of speech. Some categories of speech have less value than others, and therefore receive less protection. Political speech has been given the greatest protections. Some categories that receive little or no protection include:Sedition:____________________________________________________________________________Obscenity:__________________________________________________________________________Libel:______________________________________________________________________________Slander:____________________________________________________________________________Commercial Speech:__________________________________________________________________As for expressive conduct, it may be regulated as conduct, but not as expression. Take, for example, flag burning. Flag burning cannot be punished because it conveys disrespect for the country. It can, however, be punished under a general prohibition against burning things.Since “speech” includes the written word, are there any unique protections under “freedom of the press?” Not as many as you might think. The Court has rejected protections for confidentiality or a right to trespass for investigative reporting. Most cases concerning the media (television and radio) are analyzed under the speech clause. Note that broadcast media must abide by regulations of the FCC (Federal Communications Commission) as a condition of maintaining their broadcast licenses. The FCC can limit content due to that relationship.Mr. McCormackAmerican GovernmentCentral Dauphin High SchoolChapter Nineteen – Civil Liberties: First Amendment FreedomsBig Idea WorksheetStudy GuideSection Four: Freedom of Assembly and Petition (p 555-558)The Constitution protects the people’s right to bring their views to the attention of public officials by such varied means as __________, __________, __________, __________, __________, __________ or other demonstrations. (555)The Constitution does not give people the right to incite others to __________, to block a __________, to close a school, or otherwise endanger __________, _________, __________. (555)The government can make and enforce reasonable rules covering the __________, __________, and __________ of assemblies. (556)These rules must be content __________, meaning that the government cannot prevent assemblies because of what might be said. The government also lacks the power to charge prohibitively high fees for assembly permits. (556)While the US Constitution does not provide a right to assemble on a third-party’s private property, state constitutions can be interpreted that way.The Constitution also protects the right of discriminatory association – that is, private groups can exclude people when the exclusion is based on the group’s central message or purpose. Anti-discrimination laws cannot override that constitutional right. ................
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