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

The First Amendment

Freedom of Religion

EstablishmentClause

Free Exercise Clause

Wall of Separation between Church & State

Religious Belief = complete freedomReligious Practice = may be restricted

Example = no mandatory prayer in schools

Example = refusing to say the Pledge of Allegiance

Public Religious Displays

Vaccinations

Evolution vs.Creationism

Marriage

Freedom of Speech

“Pure” Speech “Symbolic” 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

Symbolic Speech

“Hate” Speech

Freedom of the Press

No “Prior Restraint”

No censorship or restriction on what is published

EXCEPT = libelous statements or false advertising (false + harmful)

EXCEPT = threats to national security (“leaking” information)

No Censorship

False Advertising

National Security

Right to Assemble

Right to Protest Freedom of Association

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

Time & Place

Not Content

Public Access

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

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

The Fourteenth Amendment

DiscriminationTreating a person or group unfairly

solely based on race, religion, sex, etc.

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

Rational Basis

Laws must show a good reason to justify a

classification

• A law prohibiting women from driving has no rational basis

• (Women are actually safer drivers than men)

• A law requiring a vision test might discriminate against he blind, but it is necessary for public safety

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

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

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