Bell Ringer: Review journals 96 and 97
Objectives:
15.2 Identify the mechanisms that guarantee freedom or religion.
15.3 Identify the free-expression clauses and describe the scope of their protection.
Agenda:
1. Establishment Clause, Free-exercise clause (know difference)
2. Analyze Figure 15.1
3. Lemon vs. Kurtzman
"Tolerance of the dominant religion at the expense of other religions risks minority discontent, but support for no religion (neutrality between religion and nonreligion) risks majority discontent." p. 421
4. Strict Scrutiny - A standard used by the Supreme Court in deciding whether a law or policy is to be adjudged constitutional. To pass strict scrutiny, the law or policy must be justified by a "compelling governmental interest," must be narrowly tailored, and must be the least restrictive means for achieving that interest.
*Add intermediate scrutiny and rational basis test to your IDs.
FREEDOM OF EXPRESSION (15.3)
1. FREE-EXERCISE CLAUSE - The press and speech clauses of the First Amendment.
2. PRIOR RESTRAINT - Censorship before publication.
note: government can regulate or punish the advocacy of ideas, but only if it can prove an intent to promote lawless action and demonstrate that a high probability exists that such action will occur. Hence, people have the right to protest but not if their physical presence would block the entrance to an occupied public building. p. 423
3. CLEAR AND PRESENT DANGER - A means by which the Supreme Court has distinguished between speech as the advocacy of ideas, which is protected by the First Amendment, and speech as incitement, which is not protected.
Schenck v. United States
4. FIGHTING WORDS - Speech that is not protected by the First Amendment because it inflicts injury or tends to incite an immediate disturbance of the peace.
FREEDOM OF THE PRESS
5. Libel / John Peter Zenger
"Because the burden of proof is so great, few plaintiffs prevail. And freedom of the press is the beneficiary." p. 428
Terms to know: civil liberties, civil rights, establishment clause, free-exercise clause, strict scrutiny, free expression clause, prior restraint, clear and present danger, fighting words, public figures,
Home Learning:
1. Read 15.4 and 15.5
2. Journal 98 - What distinguishes the interpretation of the Second Amendment by gun-control advocates from that of their opponents?
3. Journal 99 - What are the Miranda warnings, and to which amendment are they related?
Enrichment:
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