Main Takeways of Ch. 15

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Origins & Historical Significance of Freedoms:

British First Amendment Rights of american colonists under British Rule

Why was x right so important to include in the Constitution.

the right was rooted in the English Bill of Rights, but King George III had ignored colonists’ petition.

Martin Luther King Jr., nonviolence, and civil rights act

Constitution and 1st, 2nd, 14th, and 15th Amendments.

Pure vocab to memorise

• graven image: an idol or physical object of worship

• secular:

• wiretapping: an act or instance of using telephone or telegraph wires for evidence or other information.

• Defemation: false or unjustified injury of the good reputation of a person.

• Slander: false speech that damages a person’s reputation.

• Obscenity:

• Seditious speech: speech urging resistance to lawful authority or advocating the overthrow of the government.

• picketed: demonstrated, as against a government’s policies or actions.

• prior restraint: censorship of information before it is published.

• gag order: an order by a judge barring the press from publishing certain information about a pending court case.

• discrimination: making a distinction in favor of or against a person or group.

Important Court Cases

• Loving v. Virginia: racial classification in marriage does not serve a compelling state interest.

Types of Basis and Processes:

• procedural due process:

  • relates to the right to an attorney.

• strict scrutiny:

• rational basis:

• substantive due process: the principle requiring that a government action not unreasonably interfere with a fundamental or basic right.

Important Clauses

1. Free-exercise clause: right to believe and practice faith.

   1. relates to the separation of church and state & freedom of religion.

2. Establishment clause. bars the government from supporting or taking sides in a religious belief or a lack of it.

   1. Thomas Jefferson stated that it served as a “wall of separation between church and state.“

Speeches That are and are not Protected

NOT PROTECTED forms of speeches:

• Defamation:

• Slander:

• Obscenity:

• Seditious speech:

PROTECTED forms of speeches:

• Political opinions/speech:

• public policy

• religious speech.

Who upholds individual freedom rights to free speech and how? Supreme Court through court case decisions.

Who upholds the 1st Amendment? Federal only (besides supreme court)

which agency is most concerned with 2nd amendment rights? The National Rifle Association (NRA)

When the right to a free trial clashes with the right to free press:

• A gag order may be placed on the media when reporting about an upcoming murder trial in order to protect the right to a free trial.

• jury may be sequestered.

• press can show to public without jury’s judgement being affected.