1. Freedoms Guaranteed in the Constitution
UNIT II – Constitution and Rights

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

3. WHAT FREEDOMS DO YOU HAVE?

4. 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?

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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?

11. 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

12. IMPORTANT 1ST AMENDMENT COURT CASES

13. 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

14. 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

15. 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

16. 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