1. Individual Rights & Liberties
Unit 6
Individual Rights & Liberties

2. Chapter 36 Intro to Constitutional Law Amendments Due Process
Equal protection
Problem 36.1 Page 440
Answer both a & b
Be prepared to share & turn in afterward

3. Chapter 36 Three basic ideas of constitutional law:
1.The rights guaranteed in the Constitution are not, and cannot be absolute. The unrestricted exercise of certain rights would, in some instances, restrict the rights of others.
2. The Constitution protects citizens from certain actions by the government. Its protection usually does not extend to situations that are purely private; actions by private citizens, businesses, or organizations are generally not covered by the Constitution.
3. Enforcing one’s rights can be time-consuming and expensive. Before trying to enforce a right, you should be aware of the time and money involved.

4. Chapter 36
The U.S. Constitution provides a so-called constitutional floor, or a minimum level of rights. States can be more protective as long as they follow Federal laws.
The individual rights discussed in this chapter can also be called human rights.
Some people criticize the United States for acting as a leader in political and civil rights while ignoring the need for social and economic rights. Others say that such rights are not enforceable and that the government should consider them goals rather than enforceable rights.

5. Chapter 37 Freedom of Speech
Protects all forms of communication: speeches, books, art, newspapers, telecommunications, and other media
Protects the person making the communication AND the one receiving it
So it includes the right to hear, see, read and in general to be exposed to different messages and points of view
However, it is not absolute

6. Chapter 37
Obscenity
Government has the power to prohibit the distribution of obscene materials
3 Part Test determining whether expression is obscene:
1. Would the average person applying contemporary community standards find that the material, taken as a whole, appeals to prurient interest (an immoderate, unwholesome, or unusual interest in sex)?
2. Does the work depict or describe, in a patently offensive way, sexual conduct specifically outlawed by applicable state law?
3. Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?

7. Chapter 37 Speech not fully protected: Defamation: slander and libel
Commercial Speech
Fighting words: abusive or threatening
Clear & present danger test: does it cause an immediate threat
Incitement test: urging audience to take unlawful action
Hate Speech

8. Chapter 37 Time, Place & manner Restrictions
Laws may regulate expression in one of two ways. Some laws regulate expression based on its content. These laws deal with what a speaker is allowed to say or not to say. Other laws regulate the time, place, and manner of expression. These laws set forth when, where, and how speech is allowed
For example: towns and cities may require citizens to obtain permits to hold a march, to use sound trucks, or to stage protests in parks, on streets, or on other public property.
Public Forum
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Turn to page 456 and read the Case of The Nazis in Skokie.
Answer Problem 37.7 a-e
Discuss as a class & turn in afterwards

9. Chapter 37 Turn to page 458-459 Read the Case of the Flag Burning
Answer Problem 37.9 (create your own Letter to the Editor expressing your opinion)
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Symbolic speech
Vagueness & Overinclusive laws

10. Chapter 38 Freedom of the Press
First Amendment to the U.S. Constitution guarantees freedom of the press. It protects us from government censorship of newspapers, magazines, books, radio, television, and film.
In addition to providing information about news events, the press subjects all our political and legal institutions to public scrutiny and criticism.
Disclosures
Gag order & Prior Restraint
1. publication would cause a certain, serious, and irreparable harm
2. no lesser means would prevent the harm
3. the prior restraint would be effective in avoiding the harm

11. Chapter 39 Expression in Special Places Schools
Turn to page 471 and read the Case of The Student Armbands
Prisons & Military
Both have stricter regulations on their societies due to their circumstances
Prisons do not have to uphold all constitutional rights in reasonable circumstances
Military units may also prohibit some rights due to the strict need for order and discipline

12. Chapter 40 Freedom of Religion Establishment clause
Free exercise clause
Parochial schools

13. Chapter 41 Due Process Procedural due process: fair procedures
Substantive due process: laws have to be fair
Unenumerated rights: those rights that are not written in the constitution but are part of the American society: right to marry, education, etc.

14. Chapter 42 Right to Privacy
Many people contend that privacy is a basic right that should be protected against unreasonable interference by government.
This right is protected in a variety of situations, including when people want to make certain kinds of important decisions.

15. Chapter 43 Discrimination
Occurs when some people are treated differently than others because of their membership in a group, based on, for example, race, age, gender, or religion. However, not all types of discrimination are unfair or illegal.
Racial Basis Test
Strict Scrutiny Test
Substantial Relationship Test
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Turn to page 501 & Complete Problem 43.1

16. Chapter 43 Affirmative Action Discrimination in Employment
Discrimination based on National Origin and Citizenship Status
Discrimination based on age & disability
Gender Discrimination & Sexual Harassment
Turn to page 520 & Complete Problem 43.10

17. Chapter 43 State & Local Laws Against Discrimination (page 536)
Age (young or old)
Marital status
Personal appearance
Source of income
Sexual orientation
Family responsibility (having children)
Physical handicap
Matriculation (status of being a student)
Political affiliation

18. Chapter 44 Looking for a job Interview
Background checks & testing applicants (page 542)
Conditions on the job
Wages & hours
Taxes & benefits
Unions
Health & safety in the workplace
Privacy at work
Losing a job
When a firing may be illegal
Whistle blowing
Unemployment compensation

19. Chapter 45 Immigration law
The US policy toward immigrants is controversial, with various groups of citizens holding a wide range of competing views, particularly regarding those who are in the country illegally. With so many undocumented people in the country, immigration law and policy present a difficult challenge for lawmakers.
Citizenship
Green cards
Lawful permanent resident
Removal of noncitizens
Asylum (seeking humanitarian protection in the US)