Freedoms Guaranteed in the Constitution UNIT II – Constitution and Rights

DISCUSSION QUESTIONS What is a right? What is a freedom? Are all rights guaranteed to you also considered to be freedoms?

WHAT FREEDOMS DO YOU HAVE?

1ST 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.” Who is Congress? What does the term “abridging” refer to in this text? What does the phrase “redress of grievances” refer to in this text? What are the 5 freedoms given in the 1st Amendment?

FREEDOM OF RELIGION 2 important clauses (statements) Establishment Clause – government cannot establish an official religion that everyone has to follow Free Exercise Clause – government cannot prohibit your practicing of the religion of your choice

FREEDOM OF ASSEMBLY What is an assembly? A group of people gathered together for a common purpose Government cannot prohibit the right of the people to PEACABLY assemble

FREEDOM OF PETITION What is a petition? a formal written request, typically one signed by many people, given to a person of authority for a particular cause Government cannot prohibit individuals from petitioning their grievances

FREEDOM OF PRESS What is press? The publication of information through the media – newspapers, magazines, TV, etc. Government cannot prohibit individuals publishing information, including their opinions and beliefs

FREEDOM OF SPEECH What is speech? What forms does speech come in? The expression of one’s thoughts or feelings What forms does speech come in? Vocal Symbolic – art, clothing, actions Government cannot make a law that completely takes away your freedom of expression

2ND AMENDMENT “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” What is a militia? What does it mean when it states “to keep and bear Arms?” What does the term “infringed” mean? Why does it say this right is necessary?

TRICKS (make a separate sheet for all tricks) 1ST AMENDMENT 2ND AMENDMENT R – religion A – assembly P – petition P – press S - speech You have 2 arms

IMPORTANT 1ST AMENDMENT COURT CASES

ENGEL V. VITAL 1962 ISSUE OUTCOME Students were being led in prayer at school by teachers/administrators Is asking students to take part in prayer as a group a violation of freedom of religion? Yes – it was a violation Students cannot be asked by teachers/ administrators to pray publically

TINKER V. DES MOINES 1969 ISSUE OUTCOME Sister and brother wore black arm bands to school to protest Vietnam War and were suspended Was the suspension and suppression of the students’ views a violation of the 1st Amendment’s freedom of speech? Yes – it was a violation Freedom of speech includes symbolic speech and is protected for students

WALLACE V. JAFFREE 1985 ISSUE OUTCOME Parent was upset about the moment of silence meant for prayer at his children’s school Is having a moment of silence a violation of freedom of religion? Yes – it was a violation Moments of silence with a religious undertone put undue pressure on others to pray

TEXAS V. JOHNSON 1989 ISSUE OUTCOME Man in Texas was arrested for burning a U.S. flag in protest of the Reagan administration Was the arrest of the man a violation of his freedom of speech? Yes – it was a violation Burning the U.S. flag is considered to be a form of symbolic speech and is allowed