1. Interpreting the Bill of Rights
Chapter 6
Section 3

2. Key Terms
Freedom of the Press
Freedom of Speech
Case Studies

3. Freedom of the press- the right to publish newspapers, magazines
Freedom of the press- the right to publish newspapers, magazines. And other materials without government restrictions
Is government endangering rights when it passes libel laws that forbid people to print damaging false statements?

4. Freedom of speech- the to express one’s opinion publicly
Does the person have the right to make a speech that causes a riot?

5. Role of the Courts
Judges in courts interpret the meaning of citizens rights
1st court is the local court
2nd would be state courts
Some cases go to the Supreme Court
Case Studies- which are descriptions of conflicts, the issues involved, and the decisions made.
Case studies help us see principles of the constitution, when you read them think of what you would do.

6. Mary Beth Tinker and Christopher Einhart
Des Moines Iowa
Protest Viet Nam War
Mary Beth 13 Christopher 16
Wore black armbands with peace signs on their arms
Felt it was their right to protest
Had important implications for Freedom of Speech

7. Supreme Court Heard the Case
Des Moines school officials forbade the wearing of armbands
Students were suspended
Parents argued freedom of speech
Students did not disrupt class
School said it preserved discipline
Argued school not the place for political demonstrations

8. Court Decisions Local Court ruled in favor of the school
Higher Court upheld the school
Supreme Court ruled in favor of the students
Armbands are a part of free speech
Symbols representing ideas
Because it did not interfere with other students

9. The Skokie Case Freedom for Nazis?
When is freedom of expression limited?
What other rights should be considered?
What if the person expresses ideas that people find shocking?
One of the most controversial cases in our nation’s history.

10. Background
1930 members of Adolph Hitler’s Nazi party attacked Jews in Germany between 1938 and 1945
Nazis forced millions of Jews into camps and tortured, starved and killed them.

11. Conflict 1977 Skokie Illinois Town’s residents 40,000 Jews
Many people had survived Nazi Camps
May uniformed men applied for a permit to march through Skokie
American Nazi Party
Each wore large swastikas

12. Skokie officials wanted to stop the march
Made Nazis obtain $350, in insurance to discourage the march
When Nazis wanted to protest the insurance
The town forbade them to march in nazi uniforms with swastikas

13. Court Battle Illinois Court to the Supreme Court
Does 1st amendment protect the Nazi message of hatred
People argued 1st Amendment does not protect people who want to destroy freedom and spread violence
ACLU argued Nazis have a voice

14. Basic question
“If government may deny freedom of expression to one group, what will prevent it denying the right to any other group?”
“The First amendment must be for everyone or it will be for no one.”

15. Appealing the Case
American Nazi party would not accept the county court order
Took case to Illinois Supreme Court
Supreme Court would not overrule the lower court
June 14, 1977 Supreme Court ordered Illinois Court to hold a hearing on their Nazi decision

16. It took a year
The insurance violated First Amendment
Insurance was too costly
Limited freedom of assembly
Nazis won the right to hand out hate literature

17. First Amendment protects expression of all ideas
Drew upon precedents of free speech
No matter how cruel or unpopular
“The principle of free-thought- not free thought- for those who agree with us but freedom for the that that we hate.”

18. Symbols of Speech
The courts discussed whether the Nazi symbol was protected under free speech
As decided in the Tinker Case
Issue whether the Nazi symbol would cause a violent reaction
Were Nazis trying to start a fight

19. Court decides the swastikas could not be banned
Summer Nazis held rallies but not in Skokie
Both rallies were in Chicago
Thousands demonstrated against the Nazis
Heavy guard of police to protect them

20. A Marketplace of Ideas
First amendment protects popular and unpopular ideas.
Holmes thought people should hear many different views
“The powers of thought to get itself accepted in the competition of the market.”
Protection of rights is not just the responsibility of law and judges we all share it