Take out the court Cases on Certiorari from Yesterday and 19.3 notes Civil Liberties Take out the court Cases on Certiorari from Yesterday and 19.3 notes How are we protected?

Today’s objective After today’s lesson, students will be able to… Discuss the Supreme Court rulings that protect and limit certain First Amendment Rights Essential Skill: C-3 Gather information and draw conclusions

Review of Certiorari

What can the Supreme Court Do? 1) Hear it and decide the case! 2) Send it back to the lower courts for reconsideration 3) Nothing! Lower courts decision stands

Writing Opinions 3 Types of Opinions 1) Majority Opinion – opinion agreed upon by a majority of the justices 2) Concurring Opinion – written by a justices or justices who agree with the majority opinion, but not with the reasoning behind the decision 3) Dissenting Opinion – written by a justice or justices who disagree with the majority opinion Majority opinion becomes precedent Standards or guides to be followed in deciding similar cases in the future Ex. Roe v. Wade (abortion)

Judicial Philosophy 2 Types of Philosophies 1) Judicial Activism The court should play a more active role in creating national policies and answering questions of conflict in society given current conditions and changes in society 2) Judicial Restraint The court should operate strictly within the limits of the Constitution and only answer questions if a clear violation of the Constitution is present. Policy making should be left up to the executive and legislative branches Follow precedent

FISA The Foreign Intelligence Surveillance Act of 1978 Civil Liberties: Individual Rights Protected by Law

What are the 5 freedoms in the first Amendment? Religion You can believe what you want, belong to any religion or no religion Speech You can voice your opinions using words, symbols, or actions Press The government cannot censor information in newspapers, online news sources, TV broadcasts, etc. Assembly You can gather in a group if peaceful and lawful Petition You can criticize the government and you can complain about policies that affect you negatively and ask for change or use the court system

1st and 14th amendment First 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. Fourteenth All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

What Freedom is most important? Rank the freedoms 1 to 5 based on importance (1 most important…5 least important) We will vote on the most important freedom

Winning freedom If you only had freedom of __________, would these events have been/be possible? Martin Luther King Jr.’s “I Have a Dream” speech on the National Mall The Washington Post uncovering the Watergate scandal Women gaining the right to vote An all-night prayer vigil in memory of a fallen soldier The creation of a Website that details the sources of politicians campaign contributions INTERDEPENDENT

Politically Correct Speech

Limitations on Freedom of Speech/Press Creating “clear and present danger” (Holmes 1919) Insight anarchy-Sedition Libel: false and malicious use of printed words Slander: false and malicious use of spoken words Obscene words or content

Court Cases Read through the summary of each case with your partner Using your 19.3 notes, decide whether or not each form of speech is protected by the First Amendment If it is not protected, explain why underneath the summary