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Chapter 4

Chapter 4: Civil Liberties

Critical Thinking Exercises

POLITICS IS EVERYWHERE

Reread the story of the neo-Nazi march on Skokie, IL, in your textbook on page 115. Now, take a look at the Skokie, IL library’s collection of information on the attempted march. Watch some of the videos, and read the ACLU document regarding the case.

1. What rights are at stake here? How was the freedom of assembly upheld? What limits were placed on the freedom of assembly?

POLITICS IS CONFLICTUAL

Watch this video from C-SPAN’s coverage on free speech and flag burning.

2. What issues are addressed? What reasons are given for why flag burning should continue to be legal? What reasons are given for why flag burning should be banned?

PROCESS MATTERS

Reread “The Free Exercise Clause” section in your textbook found on pages 123–24, paying particular attention to the fight over the Religious Freedom Restoration Act of 1993 (RFRA).

3. How does the Court’s redefinition of the RFRA show how the Supreme Court and Congress differ in their views on federal intervention in religious practices?

Now, read this review of the case Navajo Nation v. U.S. Forest Service, currently being considered for adoption by the Supreme Court. The case involves a Navajo tribe suing the Forest Service for using artificial snow making from recycled sewage water on a holy Navajo site, which the Navajo Nation argues is placing a “substantial burden” on their right to religious practice.

4. Keeping in mind that the Court already redefined the law in 1997, how might this case prove to be a battleground between the Supreme Court and Congress?

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