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4.3 Interpreting the Bill of Rights

4.3 Interpreting the Bill of Rights. Specific situations are not mentioned in the Constitution or the Bill of Rights They have to be applied to situations Interpreted Some rights have to be weighed against other rights. The Role of Courts.

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4.3 Interpreting the Bill of Rights

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  1. 4.3 Interpreting the Bill of Rights

  2. Specific situations are not mentioned in the Constitution or the Bill of Rights • They have to be applied to situations • Interpreted • Some rights have to be weighed against other rights

  3. The Role of Courts • Judges have the duty of interpreting the meaning of laws including the Bill of Rights • First the issues are brought to local courts • When necessary brought all the way up to the Supreme Court • These are brought up as case studies

  4. Students and Free Speech • Students wore black armbands to school to protest the Vietnam War • The school suspended them • The Supreme Court ruled that students and teachers have the right to free speech • How and why should this be limited? • As long as it does not interfere with others’ rights

  5. The Skokie Case • The American Nazi Party applied to hold a rally in Skokie Illinois • The town made it very difficult for them • $350,000 in insurance • Did not make other groups do this • The Supreme court did not rule, but ordered the state of Ill to relook at the case • Decide their rights were violated, because they did not require everyone to get the insurance

  6. The Skokie Case • The Nazi symbol, a swastika, was also considered. • Even though it is a that brings memories of acts of evil that too is protected by the 1st Amendment

  7. The Skokie Case • If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought, not free thought for those who agree with us but freedom for the thought that we hate. Oliver Wendell Holmes

  8. The Continuing Challenge • It is our continuing duty and responsibility to protect the rights of other Americans • Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it. Learned Hand

  9. Turn to page 131

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