1. Civil Liberties 1 st Amendment Freedoms 1. Why were individual rights included in the Constitution? 2. What limits your individual rights? 3. Why is the Due Process Clause of the 14 th Amendment so important?

2. Individual Rights Demand for Personal Freedom Demand for Personal Freedom Bill of Rights Bill of Rights Anti-Federalists vs. Federalists Anti-Federalists vs. Federalists Gives us Civil Liberties and Civil Rights Gives us Civil Liberties and Civil Rights

3. Liberties vs. Rights Liberties: Things you are Free to Do: Liberties: Things you are Free to Do: Speech Speech Religion Religion Lawyer Lawyer Rights: Things you are Free From: Rights: Things you are Free From: Discrimination Poll Tax False Imprisonment

4. Limited Government and Rights US government is limited US government is limited Only has power that people give it Only has power that people give it But But No person can do whatever they please No person can do whatever they please o No absolute power of free speech o Examples: Obscenity “Fire!” Riot

5. When Rights Conflict and To Whom do They Apply Free Press vs. Fair Trial Free Press vs. Fair Trial Sheppard v. Maxwell 1966 Sheppard v. Maxwell 1966 OJ? OJ? All rights apply to citizens and most to aliens All rights apply to citizens and most to aliens Education Education Public Safety? Public Safety? Center for Day Laborers Center for Day Laborers

6. “On behalf of the nation, the Congress apologies.” WWII—120,000 Japanese citizens detained in “war relocation camps.” WWII—120,000 Japanese citizens detained in “war relocation camps.” Nearly 66% were born in America Nearly 66% were born in America Reasonable wartime measure Reasonable wartime measure Korematsu v. United States 1944 Korematsu v. United States 1944 Today--Domestic Spying? Today--Domestic Spying? 1988—$20,000 given to survivors 1988—$20,000 given to survivors

7. Federalism and Your Rights Your liberties guaranteed by The Bill of Rights applies to the National Government only— not the States Your liberties guaranteed by The Bill of Rights applies to the National Government only— not the States The national government can never deny your right to bear arms The national government can never deny your right to bear arms The states legislate: age limits, registration, permits, etc.. The states legislate: age limits, registration, permits, etc..

8. Due Process and the 14 th Amendment States may not deny basic rights of people States may not deny basic rights of people Supreme Court says most of Bill of Rights fall under the Due Process Clause of the 14 th Amendment Supreme Court says most of Bill of Rights fall under the Due Process Clause of the 14 th Amendment Nationalized the Bill of Rights Nationalized the Bill of Rights Mapp v. Ohio 1961 Mapp v. Ohio 1961 Unreasonable Search and Seizure (4 th ) Unreasonable Search and Seizure (4 th ) State and Local officials State and Local officials

9. 9 th Amendment Rarely noted Rarely noted Other rights, “retained by the people” Other rights, “retained by the people” Abortion Abortion Privacy Privacy No trial with unlawfully gained evidence No trial with unlawfully gained evidence Testimony by Torture Testimony by Torture

10. Freedom of Religion Chapter 19 Section 2

11. Freedom of Religion Guaranteed by the 1 st and 14 th Amendments Guaranteed by the 1 st and 14 th Amendments Constitution prohibits government establishment of religion Constitution prohibits government establishment of religion Americans enjoy free exercise of religion Americans enjoy free exercise of religion

12. Separation of Church and State The Establishment Clause (1 st ) says government can not make or sponsor religion The Establishment Clause (1 st ) says government can not make or sponsor religion Government has encouraged religion Government has encouraged religion Tax exemptions Tax exemptions Open prayers Open prayers Currency and Pledge Currency and Pledge

13. Supreme Court Rulings Can use $ for busing to private schools Can use $ for busing to private schools Everson v. NJ BOE 1947 Everson v. NJ BOE 1947 No moment of silence for prayer No moment of silence for prayer Wallace v. Jaffree 1985 Wallace v. Jaffree 1985 No Ten Commandments in classrooms No Ten Commandments in classrooms Stone v. Graham 1980 Stone v. Graham 1980

14. Evolution 1920’s—Scopes Monkey Trial in Tennessee (state court) 1920’s—Scopes Monkey Trial in Tennessee (state court) Evolution can be taught Evolution can be taught Epperson v. Arkansas 1968 (Supreme Court) Epperson v. Arkansas 1968 (Supreme Court) Intelligent Design? Intelligent Design? Life produced by an unidentified intelligent cause Life produced by an unidentified intelligent cause Dover Case 2005 (Federal Court) Dover Case 2005 (Federal Court)

15. Private Schools Along with transportation, states can help private schools with textbook cost, lab equipment, and standardized testing Along with transportation, states can help private schools with textbook cost, lab equipment, and standardized testing Lemon v. Kurtzman 1971 sets the standard—the Lemon Test Lemon v. Kurtzman 1971 sets the standard—the Lemon Test 1. Must be secular (nonreligious) 1. Must be secular (nonreligious) 2. Not advance or inhibit religion 2. Not advance or inhibit religion 3. Avoid “excessive entanglement” 3. Avoid “excessive entanglement”

16. Vouchers Programs offer reimbursement for tuition to private school have been growing in states around the country: FL, WI, ME, VT Programs offer reimbursement for tuition to private school have been growing in states around the country: FL, WI, ME, VT Tax Credits given to avoid direct payment for tuition Tax Credits given to avoid direct payment for tuition Ohio’s program deemed neutral to religion Ohio’s program deemed neutral to religion Zellman v. Simmons-Harris 2002 Zellman v. Simmons-Harris 2002 Allows $ for public magnet and private Allows $ for public magnet and private

17. Free Exercise Clause People have the right to believe in anything People have the right to believe in anything But, does not give the right to violate criminal laws, offend public morals, or threaten health, welfare or safety of the community But, does not give the right to violate criminal laws, offend public morals, or threaten health, welfare or safety of the community Polygamy Polygamy Vaccinations Vaccinations

18. Freedom of Speech and Press Chapter 19 Section 3

19. Freedom of Expression 1 st and 14 th Amendments protect Free Speech and Press 1 st and 14 th Amendments protect Free Speech and Press It is meant to protect the expression of unpopular views It is meant to protect the expression of unpopular views There is no absolute power of free speech There is no absolute power of free speech Reasonable Restrictions may be placed on the right of free speech Reasonable Restrictions may be placed on the right of free speech

20. Reasonable Restrictions Libel and Slander Libel and Slander Libel: false and malicious use of Printed Words Libel: false and malicious use of Printed Words Slander: false and malicious use of Spoken Words Slander: false and malicious use of Spoken Words Obscenity Obscenity Miller v. California 1973 Miller v. California 1973 Defined 3 requirements for materials to be considered obscene Defined 3 requirements for materials to be considered obscene

21. Still Protected Prior Restraint Prior Restraint Government can not censor you before you say anything Government can not censor you before you say anything Racist Rally Racist Rally Pentagon Papers Pentagon Papers Confidentiality for reporters Confidentiality for reporters Reporters must answer valid questions, but many states have shield laws to protect sources. Reporters must answer valid questions, but many states have shield laws to protect sources.

22. Entertainment Motion Pictures are largely unaffected by the Supreme Court and indecency rulings Motion Pictures are largely unaffected by the Supreme Court and indecency rulings Some localities can ban a film Some localities can ban a film Radio and Television are subject to federal review by the Federal Communications Commission (FCC) Radio and Television are subject to federal review by the Federal Communications Commission (FCC) Howard Stern Howard Stern Cable TV Cable TV

23. Symbolic Speech But I didn’t say anything! But I didn’t say anything! Facial expressions, shrug of shoulders, carrying of picket signs or wearing an arm band is protected. Facial expressions, shrug of shoulders, carrying of picket signs or wearing an arm band is protected. Can not be an act of dissent Can not be an act of dissent Flag Burning? Flag Burning?

24. Freedom of Expression and National Security

25. Punishable Acts Espionage: Spying for another country Espionage: Spying for another country Sabotage: Act that hinders the nations war or defense effort Sabotage: Act that hinders the nations war or defense effort Treason: Supporting the nation’s enemies Treason: Supporting the nation’s enemies Sedition: Using words, spoken or written, to incite resistance to lawful authority Sedition: Using words, spoken or written, to incite resistance to lawful authority

26. Sedition Can words be outlawed? Can words be outlawed? Schenck v. United States: Schenck sent letter to men who had been drafted telling them to resist the call to service Schenck v. United States: Schenck sent letter to men who had been drafted telling them to resist the call to service Supreme Court stated that words are weapons and can be outlawed if they can trigger an immediate danger Supreme Court stated that words are weapons and can be outlawed if they can trigger an immediate danger

27. Freedom of Assembly and Petition Chapter 19 Section 4

28. Peaceable Assembly Can be restricted by Time-Place-Manner regulations Can be restricted by Time-Place-Manner regulations Noise Limits Noise Limits Curfews Curfews Advanced notice and Permits required for public property Advanced notice and Permits required for public property Can not trespass on others private property Can not trespass on others private property

29. Freedom of Association Free to associate with groups Free to associate with groups Do not have to disclose group you are member of Do not have to disclose group you are member of