Title: OGT Benchmark: Explain how individual rights are relative, not absolute, and describe the balance between individual rights, the rights of others, and the common good.
1OGT Benchmark Explain how individual rights are
relative, not absolute, and describe the balance
between individual rights, the rights of others,
and the common good.
- The Rights of U.S. Citizens
- Times When Individual Rights Have Been Restricted
2I. The Rights of U.S. Citizens
- Bill of Rights
- 1st amendment freedom of religion,
speech, and the press - 2nd amendment right of peaceful assembly
and petition - 4th amendment protection against unreasonable
search and seizure - 5th amendment double jeopardy, right to refuse
to testify against oneself, protection
against being deprived of life,
liberty, or property without due
process of law
3I. The Rights of U.S. Citizens
- Bill of Rights
- 6th amendment right to speedy, public trial by
an impartial jury. Right to confront
witnesses, right to subpoena
witnesses, right to have an attorney - 7th amendment Right to a jury trial in a civil
suit - 8th amendment Protection against excessive bail
or fines, protection against cruel and
unusual punishment
4A. Restrictions on Rights on U.S. Citizens
- rights are NOT ABSOLUTE
- examples
- a. religion cant have human/animal sacrifice
- b. speech cant threaten others
- Must be balance between individual rights, the
rights of others, and the common good - criteria used to determine limits on individual
rights - a. clear and present danger
- b. compelling government interest
- c. libel
- d. national security
- e. public safety
- f. equal opportunity
5II. Times When Individual Rights Have Been
Restricted
- There have been many times in U.S. history when
individual rights have been restricted
6A. WWI and the Standard of Clear and Present
Danger
- 1. outlawed interference with the draft
- 2. punishment 20 years in prison ad 10,000
fine - 3. overall, 2000 convicted
7Schenck v. United States
- 1. Charles Schenck, member of the Socialist
Party - 2. sent 15,000 flyers to people trying to get
them to refuse the draft - 3. In 1919, Justice Oliver Wendell Holmes
established clear and present danger rule - 4. speech is not absolute
- 5. can be restricted if there is a clear and
present danger of its producing harm to others
8Debs v. the United States
- 1918, Eugene V. Debs, a Socialist labor leader
- Speech in Canton, Ohio
- Socialism is the answer. I might not be able to
say all that I think, but you need to know that
you are fit for something better than slavery and
cannon fodder. - he was arrested, convicted, and sentenced to 10
years in prison - he broke clear and present danger rule
9B. Conscientious Objectors
- 1. you do not have to fight in combat if
religion strictly forbids it (church HAD to show
a history of being against war) - 2. must be approved by the draft board
- 3. many were forced to be drafted, then
court-martialed when they refused - 4. those who did get out--they would have to do
alternative service - 5. treatment of conscientious objectors
- a. those who refused alternative service were
treated harshly (prison and public humiliation) - 6. Rights were taken away from conscientious
objectors because of clear and present danger and
national security
10C. Compelling Government Interest
- 1. Ex protecting children from indecent
content on TV - 2. Communications Decency Act restrictions on
the Internet. Supreme Court overturned this! - 3. Bakke vs. California (1978) and Grutter vs.
Bollinger (2003) - The compelling government interest using race
as a factor of accepting students into colleges - Bakke case Race used as an admissions criteria
(affirmative action) - Grutter white woman who wanted to get into U.
of Michigan Law School challenged this. She won
in district court, but Supreme Court upheld Bakke
decision that race can be used as an admissions
criteria
11- 4. Eminent domain citizens can be forced to
sell land to the gov. so that roads can be built
on that land - This is compelling gov. interest in providing a
public service
12D. Libel
- 1. Restriction of freedom of speech cant
defame someones reputation by speaking lies - 2. only living people
- 3. true statements are never considered libel
- Ex newspaper can print a restaurants health
code violations
13E. National Security and the Red Scare
- 1st Red Scare (1917 to 1920) Fear of
immigrants, of Communism because of the Bolshevik
Revolution in Russia, and of foreigners - Ex Sacco and Venzetti, A. Mitchell Palmer
- 2nd Red Scare (1948-1956) Fear of Communism,
Cold War - Ex Joseph McCarthy
141. OGT Multiple Choice
- To silence critics during World War I, the
government used which of the following criteria
for limiting individual rights? - A. compelling government interest
- B. clear and present danger
- C. libel
- D. equal opportunity
152. OGT Multiple Choice
- Which Supreme Court case used the compelling
government interest criterion? - A. Schneck vs. United States
- B. Debs v. United States
- C. Grutter v. Bollinger
- D. Abrams v. United States
163. OGT Multiple Choice
- Laws that restrict toxic emissions from factory
smokestacks are an example of which of the
following criteria for limiting rights? - A. national security
- B. libel
- C. public safety
- D. equal opportunity
174. OGT Multiple Choice
- What tactic did both A. Mitchell Palmer and
Joseph McCarthy use to gain support for their
actions? - A. They sponsored public forms to debate
communism - B. They encouraged free expression of
communistic ideas - C. They organized protest rallies to raise pubic
awareness - D. They manipulated public fear of communism
185. OGT Multiple Choice
- In a letter to the editor of a local paper, a
citizen made knowingly false statements about a
neighbor in order to cause the neighbor public
embarrassment. This is an example of - A. clear and present danger
- B. libel
- C. due process
- D. compelling interest
196. OGT Multiple Choice
- (OGT Test, 2008) During World War I,
conscientious objectors to military service were
often accused of disloyalty, and some
conscientious objectors were sentenced to prison.
However, other conscientious objectors were
willing to accept noncombatant service. - A. balance individual rights and the common
good. - B. educate people about their constitutional
rights. - C. promote ethnic diversity within the military.
- D. encourage people to apply for conscientious
objector status.
207. OGT Multiple Choice
- (OGT Test, 2007) When the government builds
interstate highways, citizens can be forced
(under the principle of eminent domain) to sell
private land that lies in the path of the
highway. The reason for this is that the property
rights of individuals are balanced by - A. the governments need to raise tax revenues.
- B. the need to enforce laws against libel and
slander. - C. a compelling government interest in providing
public services. - D. the need to guarantee equal opportunities to
all citizens.
218. OGT Multiple Choice
- (OGT Test, 2007) Freedom of assembly is
guaranteed by the First Amendment, but assemblies
may legally be broken up when protesters - A. publicly oppose U.S. foreign policy.
- B. attempt to disrupt public safety.
- C. express opinions that are controversial.
- D. are members of a religious organization.
229. OGT Multiple Choice
- (OGT Test, 2006) In the United States, freedom of
the press to report on certain matters may be
restricted during wartime because - A. reporting military secrets may threaten
national security. - B. laws against libel and slander are strictly
enforced during wartime. - C. materials used to print newspapers must be
conserved during wartime. - D. the government has a compelling interest in
suppressing opposing views.
2310. OGT Multiple Choice
- (OGT Test, 2005) In the United States, a
citizens exercise of speech and expression may
be legally restricted when that individual - A. condemns public institutions.
- B. opposes public opinion.
- C. criticizes public officials.
- D. threatens public safety.
2411. OGT Multiple Choice
- When would the right of freedom of religion be
restricted? - A. A religious group goes door-to-door to talk
about its beliefs. - B. A televangelist asks people to send his
church money. - C. A religious cult uses animal sacrifices as
part of its rituals. - D. A group of people say they are atheistthey
do not believe in God.
2512. OGT Multiple Choice
- (2005 Practice Test) Charles Schenck was found
guilty of violating the 1917 Espionage Act by
distributing leaflets through the mail urging men
to resist induction under the military draft for
World War I. On appeal, Schencks attorneys
argued the distribution of the leaflets was
protected by the 1st Amendment. The Supreme
Court upheld his convictions. This case
illustrates how individual rights can be balanced
against - A. the rights of other individuals
- B. the security of the nation in a time of war
- C. The opportunities for people to enlist in the
military - D. the interest of the gov. in keeping courts
open to provide justice
26OGT Extended Response
- In 1918, Eugene V. Debs, a leader of the American
Socialist Party, gave an antiwar speech in
Canton, Ohio. In the speech, Debs supported
other Socialist leader who has already been
arrested for their opposition to the draft. Debs
said, You have your lives to loseYou need to
know that you are fit for something better than
slavery and cannon fodder. Because of this
speech, Debs was arrested, tried, and convicted
for violating the Sedition Act (1918), which was
an amendment to the Espionage Act. The Sedition
Act prohibited any speech that interfered with
the military draft. - Do you think Debs speech constituted a clear and
present danger to the laws of the United States?
Why or why not? - Do you agree with the Courts decision in this
case? Why or why not?