ections: Answer the following question after completing on 3 Evaluation Explain the various types of speech that are protected by the Fits The first amendment protects various types of spec Rev. 09/10/2020 Symbolic, commercial, artistic , and wate spreads. First Amendment Court Cases ELAB Directions: Read each scenario, then write your opinion in the first box to the left. Read the Supreme Court's decision below the boxes, then summarize the Court's decision in the box to the right 1. Should a person be allowed to call someone names in public? My Answer The Supreme Court Decision (in your own words) Chaplinsky v. New Hampshire (1942): A man in New Hampshire was arrested after he called a town marshal a "*** damned racketeer" and "a damned fascist." A New Hampshire statute prohibited any person from addressing another person who is on any street or public place by any derisive name. The Supreme Court held that "insulting or 'fighting words," those that "incite an immediate breach of the peace" are among the "well defined and narrowly limited classes of speech which CAN be limited." 2. Should a student be able to wear clothing as a protest to a government or school action? My Answer The Supreme Court Decision (in your own words) Tinker v. Des Moines Independent Community School District (1969): In this seminal case considering the First Amendment rights of students (John F. Tinker, Christopher Eckhardt, and Mary Beth Tinker) who were expelled after they wore black armbands to school in symbolic protest of the Vietnam War, the Supreme Court held that students "do not shed their constitutional rights at the schoolhouse gate" and that the First Amendment protects public school students' rights to express political and social views. 3. Should a person be allowed to tell people to commit a crime? My Answer The Supreme Court Decision (in your own words) Brandenburg v. Ohio (1969): The Supreme Court established the modern version of the "clear and present danger" doctrine, holding that states only could restrict speech that "is directed to inciting or producing imminent lawless action, and is likely to incite or produce such action." The law made illegal advocating "crime, sabotage, violence, or unlawful methods of terrorism as a means of accomplishing industrial or political reform," as well as assembling "with any society, group, or assemblage of persons formed to teach or advocate" criminal acts. LEARN4 LIFE Civics Credit 2 L4L-Civics (2021) Page 22 CHANGES LIVES14th Ar rections: The following y 09/10/2020 Lesson 4: Famous Court Cases 14 Amendment: Section. 1. Al jurisdiction thereof, are citizens of : or enforce any law which shall abrid : any State deprive any person of life, I : within its jurisdiction the equal protect I can explain the controversies that have resulted over changing Learning Goal interpretations of the 14th Amendment. Section. 2. Represe : numbers. Quick Response Lesson Activities The 14th Amendment and Equal Protection Famous Court Cases: Plessy v. Fergusson, 1896 Famous Court Cases: Brown v. Board of Education, 1954 Famous Court Cases: Mcculloch v. Maryland, 1819 Lesson 4 Evaluation The meaning of the words in bold can be found in the Vocabulary Glossary Lesson Vocabulary at the end of this credit. Affirmative Action Segregated National Association for the Advancement of Colored People (NAACP) Background After the American Civil War brought an end to slavery, the United States government debated if white and black Americans had the same rights and privileges within society. The 14th Amendment, which promises the equal protection of laws to all citizens in all states, played a key role in many court battles over equal access to public places. Quick Response DOGS WHITE FOLKS NO NEGROES MEXICANS JIM CROW CAR REST ROOMS WHITE COLORED L&N COLORED FOR SEATED IN REAR COLORED ONLY 1. Prediction: What will the court be deciding from the information you have on this page? The Constitution begins with the Preamble: "We the People of the United States, in Order to form a more perfect Union...do ordain and establish this Constitution.' 2. How do you think the civil rights movement activists were trying to "make a more perfect union"? LEARN 4 LIFE Civics CHANGES LIVES Credit 2 L4L-Civics (2021) Page 24ous Court Cases: Directions: Read the column on the left to answer the ducation, 1954 Brown v. Board of Education (1954) court case. EX In 1950 and 1951, black parents and students Different Races, Different Schools Famous Court Cases: Plessy v. Fergusson, got tired of laws that requi 1896 separate schoo Directions: Read the column on the left to answer the questions in the right column to understand the had ke Plessy v. Fergusson (1896) court case. What law did Homer Plessy Break? Why? Breaking the Rules You may have heard the saying, "Some rules are meant to be broken." In 1890, a man named Homer Plessy broke an unjust rule. The state of Louisiana had passed the Separate Car Act, which required railway companies to have "separate but equal" train cars for black people and white people. A person who sat in the wrong car had to pay a $25 fine or go to jail for 20 days. You can probably guess that the cars for blacks weren't as nice as the cars for whites. Not only that, it seemed unfair to make black people sit separately. A group of citizens called the "Free People of Color in New Orleans" formed a committee dedicated to repealing this law. They convinced Homer Plessy, who was 7/8 white and 1/8 black, to test the law by sitting in a whites- only train car. When Plessy was asked to move, he refused and was arrested. The Argument According to Plessy's attorney, how did the Separate Car Act violate the 14th Amendment? Plessy argued that Louisiana's Separate Car Act violated the 14th Amendment to the U.S. Constitution which says that states may not "deny to any person within their jurisdiction the equal protection of the laws." He argued that requiring black people to sit separately from white people implied that blacks were inferior to whites, and therefore unequal. The Decision What did the Supreme Court decide? Why did Justice Harlan disagree? The Supreme Court disagreed with Plessy. It saw separate train cars as an issue of social equality, not political or legal equality. It said separating the races did not take away civil or political rights. Justice Brown wrote for the Court, saying that "if one race be inferior to the other socially, the Constitution of the United States cannot put them upon the same plane." Justice Brown said there had been separate schools for black and white students for a very long time, and many court cases had decided that states were allowed to have these segregated schools. Out of the nine justices, Justice Harlan was the only one to dissent, or disagree. He wrote that "our Constitution is color-blind" and does not tolerate "classes among citizens." He said the Court's decision would lead to racial hatred and increased attacks against black peoples' rights. The Supreme Court, 1899. Justice Harlan is furthest right in the top row. LEARN 4 LIFE Civics Credit 2 CHANGES LIVES L4L-Civics (2021) Page 26es: Plessy v. Fergusson, n on the left to answer the questions in the right column to understand the EX at law did Homer Plessy Break? Why? hous Court Cases: Brown v. Board of EXPLAIN ducation, 1954 Directions: Read the column on the left to answer the questions in the right column to understand the Brown v. Board of Education (1954) court case. Different Races, Different Schools Give 2-3 reasons why the NAACP challenged Plessy v. Fergusson. In 1950 and 1951, black parents and students in several states got tired of laws that required children of color to attend separate schools from white children. For decades, many states had kept blacks and whites segregated, or separated from each other based on their race. In Plessy v. Ferguson, the Supreme Court had said this segregation was constitutional as long as the separate facilities for blacks and whites were equal. In some places, schools for black children were run-down and lacked things like gyms or cafeterias. In many places, there were school buses for whites but not for blacks. Many black parents had to send their kids across town to a black school when there were white schools much closer to their homes. With the help of the National Association for the Advancement of Colored People (NAACP), parents and students decided to challenge the Plessy decision. In Topeka, Kansas, Oliver Brown and several other parents tried to enroll their children in the closer, whites-only schools. They were Linda Brown (left), sitting with a classmate in front of rejected. In the other states, peoples' efforts to get better her school. facilities for black schools were ignored. The Argument According to Brown's attorney, how did the "separate but equal" violate the 14th Amendment? Brown and the others argued that segregated public schools are not "equal" and cannot be made equal because keeping black and white students separate sends a message that the black students are inferior. Therefore, the very act of separating black and white students violates the 14th Amendment to the U.S. Constitution, which guarantees equal protection of the laws. The Decision What did the Supreme Court decide? The Supreme Court agreed. In a complete reversal from its decision in the Plessy case, the Court said that the "separate but equal" doctrine "has no place" in public education. Separating children just because of race "generates a feeling of inferiority as to their status in the community that may affect their hearts and minds in a way unlikely ever to be undone." Segregation therefore deprived black students of equal protection of the laws under the 14th Amendment. LEARN 4 LIFE Civics Credit 2 L4L-Civics (2021) Page 27