MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights

1. MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights The First Amendment

2. Freedom of Religion Establishment Clause Free Exercise Clause Religious Belief = complete freedom Religious Practice = may be restricted Wall of Separation between Church & State Example = no mandatory prayer in schools Example = refusing to say the Pledge of Allegiance

3. Public Religious Displays Marriage Vaccinations Evolution vs. Creationism

4. Freedom of Speech “Symbolic” Speech “Pure” Speech Spoken or written thoughts, words, or ideas Symbols, slogans, artwork, clothing, songs, gestures, etc. EXCPET – slander or defamatory language = (false + harmful) EXCEPT – speech creating a “clear and present” danger

5. Symbolic Speech “Hate” Speech

6. Freedom of the Press No “Prior Restraint” No censorship or restriction on what is published EXCEPT = threats to national security (“leaking” information) EXCEPT = libelous statements or false advertising (false + harmful)

7. No Censorship False Advertising National Security

8. Right to Assemble Freedom of Association Right to Protest Protesting government actions (demonstrations, marches , etc.) Right to join or form groups or organizations EXCEPT = Time or place restrictions, public safety, private property, etc. EXCEPT = terrorist or criminal organizations

9. Time & Place Not Content Public Access

10. Interpretations of the First Amendment First Amendment is usually given a “preferred position” Freedom of expression is only limited when absolutely necessary This is necessary for a free and democratic government Unpopular beliefs and opinions must also be protected Fundamental rights will often conflict with each other Supreme Court has ultimate say in how rights are applied

11. MT. 3, LT. 1 – Supreme Court Interpretations of the Bill of Rights The Fourteenth Amendment Discrimination Treating a person or group unfairly solely based on race, religion, sex, etc.

12. Equal Protection Government cannot make unreasonable distinctions among groups of people • Government can make some distinctions • Inequalities can and do exist • For example, colleges only admit those who are qualified

13. Rational Basis Laws must show a good reason to justify a classification • A law requiring a vision test might discriminate against he blind, but it is necessary for public safety • A law prohibiting women from driving has no rational basis • (Women are actually safer drivers than men)

14. Suspect Classifications Classifications based on race or national origin are “suspect” • Laws requiring separate seating for African Americans were based on race and were therefore suspect • Laws designating certain areas for smokers are based on a behavior that can threaten public health • Therefore, it is not suspect

15. Fundamental Rights Classifications are less likely when a fundamental right is involved • The right to vote is a fundamental right • Limits on the right to vote (like poll taxes & literacy tests) have been found unconstitutional • Driving is considered a privilege • Driving tests, vision tests, and registration fees are okay under the law

16. Intent to Discriminate Classifications must show an intent to discriminate • Physical requirements for firefighters might exclude more women than men • But there is no intent to discriminate against women • Laws that segregated schools and colleges were clearly meant to discriminate against African-Americans