Published on March 8, 2014
2.1 – Daily Sheet 3
How does the Supreme Court interpret 1st Amendment Rights
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
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
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
What is speech? Pure Speech: Verbal expression of thought and opinion Symbolic Speech: using actions and symbols, instead of words, to express opinions
Can be limited if it causes a “clear and present danger” (Schenk v. US 1919) Schenk printed posters urging draft dodging during WWI
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)
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
Can assemble to protest but there are limits Public order and safety (clear and present danger)
Provide 4 “Jim Crow” examples that came directly from the video clip.
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