Government Chapter 13 Civil Liberties We skipped 12, deal with it. Not 58 terms.

civil liberties – basic freedoms; human rights abridge – limit or restrict 1st Amendment – protects the freedom of: religion, speech, petition, assembly and press. – First five words: "Congress shall make no law"

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

BARRON v. Baltimore – Declared that the STATES COULD LIMIT free speech because the Bill of Rights only applied to Congress. – It caused a problem and made incorporation necessary. precedent – decision made on a similar issue in earlier cases that is used as a model for future decisions

Civil War Amendments 13 th Amendment – "Civil War Amendment" that abolished (outlawed) slavery. 14 th Amendment – "Civil War Amendment" that extended due process and citizenship to all Americans. – It stated that "no government" could restrict rights. 15 th Amendment – "Civil War Amendment" that granted suffrage (right to vote) to African American males.

Incorporation GITLOW v. New York – declared states could not limit free speech. – the first case to use INCORPORATION incorporation – the process of the Supreme Court extending the Bill of Rights to the states through court cases – The 14 th Amendment made it possible

Free Speech defamatory speech – language intended to ruin the reputation of an individual. pure speech – using words to communicate a thought or opinion symbolic speech – using actions or pictures to communicate a thought or opinion seditious speech – calling for the violent overthrow of a government. – Its not protected by the 1st amendment.

Free Speech Court Cases TEXAS v. Johnson – protected FLAG BURNING as symbolic speech TINKER v. Des Moines – protected ARM BANDS as symbolic speech SCHENK v. U.S. – limited seditious speech in times of danger. – Also established the "CLEAR and PRESENT DANGER" test

Free Expression Court Cases BURSTYN v. Wilson – protects freedom of expression in MOVIES RENO v. ACLU – protects freedom of expression on the INTERNET MILLER v. California – allowed local communities to define OBSCENITY

Free Assembly Picketing – patrolling a business in an attempt to convince the public not to enter DEJONGE v. Oregon – protects the right to assemble by including PARADES FEINER v. New York – allows POLICE to disperse demonstrations if they threaten the peace

Free Religion establishment clause – Congress shall make no law respecting an establishment of religion – part of the first amendment that allows you to start your own religion free exercise clause – …or prohibiting the free exercise thereof – part of the first amendment that allows you to practice your religion

Religion Court Cases LEMON v. Kurtzman – allowed federal AID to parochial schools for secular purposes ENGEL v. Vitale – prohibits mandated PRAYER in public schools

Free Press gag order – demand of a judge for reporters to not write about a case Libel – written defamatory speech slander – spoken defamatory speech prior restraint – censorship fo the news prior to publication

Free Press Court Cases NEAR v. Minnesota – prohibited PRIOR RESTRAINT by STATES with newspapers HAZELWOOD v. Kuhlmeier – declared that SCHOOLS could use PRIOR RESTRAINT on school publications