Interpreting the Bill of Rights

1
Interpreting the Bill of Rights

• Chapter 6
• Section 3

2
Key Terms

• Freedom of the Press
• Freedom of Speech
• Case Studies

3

• Freedom of the press- the right to publish
  newspapers, magazines. And other materials
  without government restrictions
• Is government endangering rights when it passes
  libel laws that forbid people to print damaging
  false statements?

4

• Freedom of speech- the to express ones opinion
  publicly
• Does the person have the right to make a speech
  that causes a riot?

5
Role of the Courts

• Judges in courts interpret the meaning of
  citizens rights
• 1st court is the local court
• 2nd would be state courts
• Some cases go to the Supreme Court
• Case Studies- which are descriptions of
  conflicts, the issues involved, and the decisions
  made.
• Case studies help us see principles of the
  constitution, when you read them think of what
  you would do.

6
Mary Beth Tinker and Christopher Einhart

• Des Moines Iowa
• Protest Viet Nam War
• Mary Beth 13 Christopher 16
• Wore black armbands with peace signs on their
  arms
• Felt it was their right to protest
• Had important implications for Freedom of Speech

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Supreme Court Heard the Case

• Des Moines school officials forbade the wearing
  of armbands
• Students were suspended
• Parents argued freedom of speech
• Students did not disrupt class
• School said it preserved discipline
• Argued school not the place for political
  demonstrations

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Court Decisions

• Local Court ruled in favor of the school
• Higher Court upheld the school
• Supreme Court ruled in favor of the students
• Armbands are a part of free speech
• Symbols representing ideas
• Because it did not interfere with other students

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The Skokie Case Freedom for Nazis?

• When is freedom of expression limited?
• What other rights should be considered?
• What if the person expresses ideas that people
  find shocking?
• One of the most controversial cases in our
  nations history.

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Background

• 1930 members of Adolph Hitlers Nazi party
  attacked Jews in Germany between 1938 and 1945
• Nazis forced millions of Jews into camps and
  tortured, starved and killed them.

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Conflict

• 1977 Skokie Illinois
• Towns residents 40,000 Jews
• Many people had survived Nazi Camps
• May uniformed men applied for a permit to march
  through Skokie
• American Nazi Party
• Each wore large swastikas

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• Skokie officials wanted to stop the march
• Made Nazis obtain 350,000.00 in insurance to
  discourage the march
• When Nazis wanted to protest the insurance
• The town forbade them to march in nazi uniforms
  with swastikas

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Court Battle

• Illinois Court to the Supreme Court
• Does 1st amendment protect the Nazi message of
  hatred
• People argued 1st Amendment does not protect
  people who want to destroy freedom and spread
  violence
• ACLU argued Nazis have a voice

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• Basic question
• If government may deny freedom of expression to
  one group, what will prevent it denying the right
  to any other group?
• The First amendment must be for everyone or it
  will be for no one.

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Appealing the Case

• American Nazi party would not accept the county
  court order
• Took case to Illinois Supreme Court
• Supreme Court would not overrule the lower court
• June 14, 1977 Supreme Court ordered Illinois
  Court to hold a hearing on their Nazi decision

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• It took a year
• The insurance violated First Amendment
• Insurance was too costly
• Limited freedom of assembly
• Nazis won the right to hand out hate literature

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• First Amendment protects expression of all ideas
• Drew upon precedents of free speech
• No matter how cruel or unpopular
• The principle of free-thought- not free thought-
  for those who agree with us but freedom for the
  that that we hate.

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Symbols of Speech

• The courts discussed whether the Nazi symbol was
  protected under free speech
• As decided in the Tinker Case
• Issue whether the Nazi symbol would cause a
  violent reaction
• Were Nazis trying to start a fight

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• Court decides the swastikas could not be banned
• Summer 1978 Nazis held rallies but not in Skokie
• Both rallies were in Chicago
• Thousands demonstrated against the Nazis
• Heavy guard of police to protect them

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A Marketplace of Ideas

• First amendment protects popular and unpopular
  ideas.
• Holmes thought people should hear many different
  views
• The powers of thought to get itself accepted in
  the competition of the market.
• Protection of rights is not just the
  responsibility of law and judges we all share it