Webquest:

First Amendment Freedoms

Introduction

“Congress shall make no law,” declares the First Amendment, “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 assembly, and to petition the Government for a redress of grievances.” In this one sentence our Constitution stated the fundamental supports of a free society: freedom of conscience and freedom of expression.

Although the framers drafted the Constitution, in a sense the people drafted our basic charter of liberties. As we have seen, the Constitution drawn up in Philadelphia included few specific guarantees of the basic freedoms, and the omission aroused suspicion and distrust among the people. In order to win the ratification vote, the Federalists promised to correct this deficiency. And in its very first session, the new Congress proposed amendments that were ratified by the end of 1791 and became part of the Constitution. These ten amendments are known as the Bill of Rights.

Note that the Bill of Rights literally applies only to the national government. As John Marshall held in Barron vs. Baltimore (1833), the Bill of Rights limits the national, not the state governments. Why not the states? In the 1790s the people were confident they could control their own state officials, and most of the state constitutions already had bills of rights. It was the new and distant central government the people feared. As it turned out, those fears were largely misplaced. The national government, responsive to tens of millions of voters from a variety of races, creeds, religions, and economic groups, has shown fewer tendencies to curtail civil liberties than have state and local governments. For the most, state judges have not used the bills of rights in their respective state constitutions to protect civil liberties.

When the Fourteenth Amendment, which does apply to the states, was adopted in 1868, some contended its due process clause limits states in precisely the same way the Bill of Rights limits the national government. At least, they argued, freedom of speech by protected by the Fourteenth Amendment. For decades the Supreme Court refused to interpret the Fourteenth Amendment in this way. Then in 1925, in Gitlow vs. New York, the Court announced: “For present purposes we may and do assume that freedom of speech and of press—which are protected by the First Amendment from abridgment by Congress—are among the fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the States.”

The Task

By the end of this assignment, you and your group will answer the following questions:

a) What does “freedom of religion” mean in America?

b) Does the Constitution protect freedom of religion? If so, what part of the Constitution?

c) Can the government help a “specific” religion? Can it suppress a religion?

d) Can citizens believe anything they want and worship in any way they please? Explain.

e) What kind of speech does the first amendment protect? Can it be symbolic? Can the speech involve defamation of another person’s character? Is pornography-protected speech? Are fighting words protected?

f) Do you agree that the free speech guarantees in the First Amendment should have limitations? Explain why you think as you do.

g) What does the term “clear and present danger” mean to you? Do Supreme Court rulings strike a proper balance between the rights of the individual and the needs of society? Explain.

h) Do you view the burning of the American flag as a protected form of speech or expression, or do you agree with the Texas legislature that it is the desecration of a venerated object, which is likely to cause a breach of the peace? Explain.

I) Do you think that the circumstances surrounding this incident of flag burning add weight to the “protected speech” argument?

Meeting the Standards

You will be able to meet the New York State learning standards by using a variety of intellectual skills to demonstrate your understanding of the necessity for establishing “basic civic values of American constitutional democracy; and the role, rights, and responsibilities of citizenship, including avenues of participation”…Standard 5: Civics, Citizenship and Government of the Learning Standards for Social Studies

1. The study of civics, citizenship, and government involves learning about political systems; the purposes of government and civic life; and the differing assumptions held by people across time and place regarding power, authority, governance, and law.

2. The state and federal governments established by the Constitution of the United States and the State of New York embody basic civic values (such as justice, honesty, self-discipline, due process, equality, majority rule with respect for minority rights, and respect for self, others, and property), principles, and practices and establish a system of shared and limited government.

3. Central to civics and citizenship is an understanding of the roles of the citizen within American constitutional democracy and the scope of a citizen’s rights and responsibilities.

4. The study of civics and citizenship requires the ability to probe ideas and assumptions, ask and answer analytical questions, take a skeptical attitude toward questionable arguments, evaluate evidence, formulate rational conclusions, and develop and refine participatory skills.

Resources

Here are the sites you should use in your analysis:

http://www.maxwell.syr.edu/plegal/

http://www.maxwell.syr.edu/plegal/scales/fer.html

(Bill of Rights)http://www.maxwell.syr.edu/plegal/tips/bor.html

(First Amendment Cases)http://www.maxwell.syr.edu/plegal/scales/home.html

(Freedom of Speech Cases)http://www.maxwell.syr.edu/plegal/tips/fos/

(Freedom of Religion)htp://www.maxwell.syr.edu/plegal/rel/rel.html

The Process

I. You are to survey thirty people by using the survey at http://opinionpower.com/Surveys/47801993.html

II. You are to report your results during your oral presentation to the class. (20 minutes)

A. The schedule of presentations will follow shortly after written work is completed.

B. You should work in groups of two to four people.

C. The members of the group must all be active during the presentation either presenting a slide or giving out handout.

D. The groups should have a timekeeper, a presenter, a recorder and a leader.

III. Format for Oral Presentation (This should be reflected in your PowerPoint.)

A. Your oral presentation will last twenty minutes. It should be divided into four parts with a section for the facts in the case, the issue of the case, the reasoning of both the appeallee and appellant.

B. You will work in groups of four to present your oral presentation and hand in your written report.

C. You will need to analyze the facts, the issues (pros and cons), the reasoning and the decisions of the following cases during your oral presentations and in your written assignment:

(Freedom of Religion)

1. Reynolds vs. United States

2. Wisconsin vs. Yoder

3. Church of Lukumi Babalu Aye vs. Hialeah

(Freedom of Press)

1. Hazelwood vs. Kuhlmeier

2. Schenck vs. United States

3. Near vs. Minnesota

4. New York Times vs. United States

(Freedom of Speech)

1. Tinker vs. DesMoines

2. Feiner vs. New York

3. Bethel vs. Fraser

4. Texas vs. Johnson

5. Ladue vs. Gilleo

6. Forsyth County vs. The Nationalist Movement

7. Wisconsin vs. Mitchell

(Separation of Church and State)

1. Engel vs. Vitale

2. Lee vs. Weisman

3. Lamb’s Chapel vs. Center Moriches

4. Jones vs. Clear Creek

5. Chabad Lubavitch vs. Burlington

D. The final five minutes of your presentation will be comparing the results of the opinion power surveys to the actual decisions of the Supreme Court. How do the decisions of the Supreme Court compare to the opinions of those that you surveyed.

Evaluation

A. Written Part

Each group will hand in an essay that analyzing each of the three cases and evaluate the decision in the cases with the surveys that were taken of the thirty people.

1. There will be a three to four page essay regarding your topic on the first amendment.

2. All work must have a bibliography with footnotes or endnotes in A.P.A. or M.L.A. style notes.

3. It must be typewritten and proofread. It should be double-spaced.

B. Your oral presentations will be judged on the following rubric:

1. Delivery (voice projection, organization, visual aids)

You may use your knowledge of PowerPoint to add more visual effects to your presentation.

2. Rapport with audience (eye contact, response to questions, and humor)

3. Demeanor (posture, poise)

4. Content (coverage, appropriate level of detail)

C. The written part will be worth fifty percent (50%) and the oral presentation (50%) will be worth fifty percent of the group’s grade. You must learn to work with your group members in order to get a good grade.