160 likes | 301 Views
Constitutional Rights!. 1) What do you think the meaning of this is? 2)Is it a good representation of the U.S.? . Guaranteed by the 1st Amendment Establishment Clause - Gov. CAN NOT favor one religion over another Free Exercise Clause - Gov. CAN NOT interfere with freedom of religion .
E N D
1) What do you think the meaning of this is?2)Is it a good representation of the U.S.?
Guaranteed by the 1st Amendment Establishment Clause - Gov. CAN NOT favor one religion over another Free Exercise Clause - Gov. CAN NOT interfere with freedom of religion Emerson v. Board of Education - first case to address establishment clause State can pay for busing students to parochial schools Benchmark case for state funds to p.s. Freedom of Religion “Congress shall make no law Respecting an establishment of religion”
Parochial Schools = run by church or religious group Secular =nonreligious schools Allow me “school” you
Does it pass the “Lemon” Test? Thanks Tommy Jefferson! • To be constitutional, state aid to church schools must: • 1) have a clear secular, nonreligious purpose • 2) neither advance nor inhibit religion • 3) avoid “excessive government entanglement with religion.”
Freedom of Speech 1968 Olympics • Two types: • Pure speech – verbal expression to an audience • Symbolic speech – using an action or a symbol to express opinion. Often subject of much debate
Not all speech is “free” • Seditious speech – advocating for government revolt! • Defamatory Speech – “False Speech” i.e. No talking smack! • Slander – spoken • Libel – written • “Fighting Words” – words that provoke violence
SC Guidelines for limits on Speech • “Clear and Present Danger” – Speech that presents immediate danger – Ex: “Fire!” • Bad Tendency Doctrine – Speech that will lead to illegal action (1920s) • Preferred Position Doctrine – 1st Amendment is crucial and any law that limits these freedoms is unconstitutional
Warm-up • “Clear and Present Danger & Scheck v. United States” (p.368) • World War I was the first time the U.S. issued a draft for soldiers before it officially entered the war. After you read the case, do you think the Supreme Court was right or wrong in their ruling? Do you side with Scheck or the United States? Why?
Do you know what these countries have in common? • North Korea Cuba • Syria Libya • Belarus Burma
Freedom of the Press • The U.S. does not practice prior restraint – “censorship of information before it’s published” • The Pentagon Papers Play Me • “Shield Laws” – laws that protect newspaper reporters from giving up information
The Press vs. The Pres • President Nixon and the “Watergate Scandal” - "No Washington Post!”
Free Press Issues • F.C.C. – “Federal Communication Commission” – Government agency that regulates radio and TV • Family Guy vs. the FCC
“There is one thing that a photo must contain, the humanity of the moment” Robert Frank “Marlboro Marine” By Luis Sinco