There is no constitutional right to assemble on private property, but peaceful assembly on public property is a protected right. Show How do 1st Amendment protections of freedom of assembly apply to private versus public property? Establishment Clause Which constitutional clause is used as the basis for the separation of church and State at the federal level of the U.S. government? The officer can conduct this test without a warrant or permission because society has a right to protect itself from drunk drivers. The police officer is testing the driver to see if she has been drinking alcohol. How are the rule of law and individual rights balanced in a case like this one? No warrant required to search a stopped automobile. Warrant required to wiretap except in cases of suspected terrorist activity. Study the examples given in the table. Then select the current legal requirements for the two types of searches that have been left blank. Civil disobedience is not protected by the First Amendment and so protestors may be charged if they break any laws. What is the general rule used by the Supreme Court when deciding if civil disobedience is a constitutionally protected right? The Supreme Court ruled in Korematsu v. United States that forced evacuation was constitutional in wartime. What controversial Supreme Court ruling involving individual rights was triggered by events like the one shown in this photo? the protections of the Due Process Clause What is the constitutional basis for the right being discussed in this cartoon? Laws banning the burning of the U.S. flag are unconstitutional because flag burning is a form of free speech. What ruling did the Supreme Court make regarding flag burning in Texas v. Johnson? Burning a draft card is not a form of free speech. A campaign contribution is a form of free speech. Look at the cases below. Choose the answer that provides the correct rulings in each of the two cases. Broadcasts have very limited protections—less than newspapers or films. How do the free speech protections of the 1st Amendment apply to radio and television broadcasts compared to other types of media? the documents involved in the case were seditious. In the Pentagon Papers Case, the Supreme Court based its decision on Both of these laws are constitutional because they protect the public good in a way that overrides the Free Exercise Clause. How has the Supreme Court ruled in cases involving free exercise of religion such as those described in the table? A State requires voter identification cards, but only for members of a racial minority. Review the two categories of due process shown here, then choose the example that would represent a violation of substantive due process. Freedom of expression means that people cannot be required to say or believe in specific political or religious ideas. Read this excerpt from the Supreme Court's ruling in the freedom of expression case West Virginia Board of Education v. Barnette. "But freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order. . . . If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion, or force citizens to confess by word or act their faith therein."—West Virginia Board of Education v. Barnette, 1943 What statement BEST expresses what the Court is saying about freedom of expression? Limits on public demonstrations are legal as long as they are reasonable and in the public interest. Which of the following statements BEST summarizes the key point of this excerpt from the Supreme Court's ruling on public assemblies in the case Cox v. New Hampshire? "If a municipality has authority to control the use of its public streets for parades or processions, as it undoubtedly has, it cannot be denied authority to give consideration, without unfair discrimination, to time, place and manner in relation to the other proper uses of the streets."—Cox v. New Hampshire probable cause Examine the interaction between the police officer and citizen. Identify the legal justification the police officer must have under the 4th Amendment to do what she is doing. upholding prohibitions against the possession of firearms by felons. One way that the Supreme Court has reshaped its recent interpretation of the 2nd Amendment has been by The authorities refuse to give a demonstration permit to a group that wants to hold a rally promoting racist beliefs. Read the following excerpt from the text describing 1st Amendment rights. "The Constitution protects the right of the people to assemble to express their views. It protects their right to organize to influence public policy, whether in political parties, interest groups, or other organizations. It also protects the people's right to petition—to bring their views to the attention of public officials by such varied means as written petitions, letters, or advertisements; lobbying; and parades or marches." Which of these actions would be an UNCONSTITUTIONAL violation of rights? Police must read criminal suspects their rights before questioning them. What is the Miranda rule established by the Supreme Court's ruling in Miranda v. Arizona? cannot decide whether a defendant is innocent or guilty Which of the following facts about a grand jury could be added to the table? The law would be declared unconstitutional. Based on the information in this chart, which would MOST LIKELY happen if a State passed a law eliminating jury trials as a cost-saving measure? The right to free speech does not apply when it infringes upon the rights and safety of others. Read this famous quotation from Justice Oliver Wendell Holmes. Which is the best interpretation of Holmes' meaning? "The most stringent [strict] protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic."—Justice Oliver Wendell Holmes, opinion of the Court, Schenck v. United States (1919) court order preventing an unjust arrest or imprisonment. A writ of habeus corpus is a The government can limit when and where this activity takes place. How are the rights of individuals balanced with the authority of the government in situations like the scene shown here? the Bill of Rights. Americans can claim rights in addition to those listed in the Constitution, according to 6th Amendment If this man has been charged with a federal crime, which amendment protects the right he is exercising in this conversation with his lawyer? A couple is turned down in their offer to buy a house because of their race. The table lists some examples of civil liberties and civil rights. desire to prevent the creation of official government-sponsored churches in the colonies. The stand taken by the Founding Fathers concerning the practice of religion was based on their The authorities refuse to give a demonstration permit to a group that wants to hold a rally promoting racist beliefs. Read the following excerpt from the text describing 1st Amendment rights. "The Constitution protects the right of the people to assemble to express their views. It protects their right to organize to influence public policy, whether in political parties, interest groups, or other organizations. It also protects the people's right to petition—to bring their views to the attention of public officials by such varied means as written petitions, letters, or advertisements; lobbying; and parades or marches." Which of these actions would be an UNCONSTITUTIONAL violation of rights? The protection of free speech is important, but there are some cases in which personal expression is irresponsible and can be banned. In this excerpt, Justice Oliver Wendell Holmes explains his ruling in Schenck v. United States. What argument is Holmes making about personal rights and free speech? "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."—Schenck v. United States The union members are picketing on private property. Based on the content of this image and what you have learned about the freedom of assembly, which of the following would most likely be the legal reason for the authorities to stop the protest shown here? link the right of privacy to the original intention of the Framers of the Constitution. Read the following excerpt from the Supreme Court's ruling in Stanley v. Georgia. "The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness . . . . They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations. They conferred, as against the Government, the right to be let alone—the most comprehensive of rights and the right most valued by civilized man."—Stanley v. Georgia In this quotation, the Court sought to It provides that the States, like the Federal Government, cannot deny basic rights to their people. What is the significance of the 14th Amendment? Individual States choose whether to follow this principle by adopting amendments to their own State constitutions. What is the current legal status of the idea expressed in this excerpt? "No State shall make any law respecting an establishment of religion, or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect . . ." —Blaine Amendment, 1875 The States have been required to change their law enforcement policies to protect criminal defendants. Read this excerpt from the text. "In some respects, the application of the Bill of Rights to the States is noncontroversial. Most agree, for instance, that States should not be allowed to abridge an individual's freedom of speech or right to assemble. In fact, as you know, most State constitutions detail many of the same protections found in the United States Constitution. But in other ways, the incorporation process has had an impact on federalism." Which example could be used to support this statement? The 5th Amendment right to avoid self-incrimination. Which of the following amendments would have protected this person against the situation he is describing? a general listing of the rights of the people were added to it. Many States refused to ratify the Constitution unless To promote safety: Require all drivers to wear seat belts. The chart lists ways in which the government may limit individual rights for the public good. What other legal way to limit individual rights could be added to this list? The activity would be legal at a private school but would not be allowed at a public school. How would the Establishment Clause apply to the activity shown below if it took place at both a private school and a public school? The Court has used the Lemon test to rule that most public aid to religious schools is unconstitutional. Read the excerpt from the text. "The Court introduced a three-pronged standard, now known as the Lemon test, to decide whether a State law amounts to an 'establishment' of religion. That standard states: (1) a law must have a secular, not religious, purpose; (2) it must neither advance nor inhibit religion; and (3) it must not foster an 'excessive entanglement' of government and religion." How has the Lemon test affected Supreme Court rulings about public aid to church-related schools? A person is sent to prison without first being advised of what crime he or she has committed. Review the two categories of due process shown here, then choose the example that would represent a violation of procedural due process. How does the freedom of assembly apply to private property?Private property owners can set rules for speech on their property. The government may not restrict your speech if it is taking place on your own property or with the consent of the property owner. Counterprotesters also have free speech rights. Police must treat protesters and counterprotesters equally.
Which amendment is related with right to private property?It was the 44th amendment of the Constitution of India which declared that the Right to Property will no longer be a Fundamental Right. Article 31 and Article 19(1)(f) was completely removed from Part III – Fundamental Rights of Constitution with the help of the 44th Amendment.
How does the First Amendment protect the right to privacy?In general, the strongest First Amendment protection for privacy is in the right of freedom of assembly and, by judicial interpretation, freedom of association. That protection, however, is not absolute: organizations whose goals are unlawful are not protected.
Is assembly protected by the First Amendment?Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
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