Supreme Court Interpretation of Rights

2.1 – Daily Sheet 3

Learning Objective

How does the Supreme Court interpret 1st Amendment Rights

Do Now

Rights: Powers or privileges granted to people either by an agreement among themselves or by law.

Affirmative Action: A policy in educational admissions or job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination.

Unjust: not fair, wrong Obligated: legally or morally bound

Freedom of Religion

Establishment clause: “Congress shall make no law respecting an establishment of religion.” Separation of Church and State

(government doesn’t pick a religion)▪ Funding to private schools okay▪ Release time for students okay▪ Prayer in public schools-students only▪ Evolution not Creationism

Freedom of Religion

Free exercise clause: prohibits government from unduly interfering with the free exercise of religion Can’t stop people from believing what

they want▪ Unless they violate laws protecting health,

safety, or morals of country.▪ Flag Salute

Freedom of Speech

What is speech? Pure Speech: Verbal

expression of thought and opinion

Symbolic Speech: using actions and symbols, instead of words, to express opinions

Freedom of Speech

Can be limited if it causes a “clear and present danger” (Schenk v. US 1919) Schenk printed posters urging

draft dodging during WWI

Freedom of Speech

Speech not Protected: Defamatory speech (false speech

that damages a person’s good name)▪ Slander-Spoken▪ Libel-Written

Fighting Words (so insulting that they provoke immediate violence)

Student Speech (lewd or indecent speech, school newspapers)

Freedom of the Press

Prior restraint: censorship of information before it is published (not allowed in the states) Some limits on press and fair trials Radio and television▪ US v. Playboy 2000 - Cable operators should be

allowed to show sexually oriented programs▪ Reno v. American Civil Liberties Union 1997 -

Internet is speech▪ Obscenity - determined by community▪ Advertising is commercial speech-less protection

Freedom of Assembly

Can assemble to protest but there are limits Public order and safety (clear and

present danger)

Video Clip

Provide 4 “Jim Crow” examples that came directly from the video clip.