LIBERTY PURSUIT OF HAPPINESS Bill of Rights, 14th Amendment, 1st Amendment Let’s GO! LIBERTY PURSUIT OF HAPPINESS LIFE http://www.schooltube.com/video/03f9c858260a4da9b582/

Bill of Rights First 10 amendments Government cannot abuse the rights of individuals Protects from acts of congressional, state, and local government that may threaten people’s basic rights.

14th Amendment Defines citizenship AND lays the groundwork for making individual rights national No state can deprive any person of freedom of speech, press, religion, or assembly because these freedoms are essential to a person’s liberty. Gitlow v. New York (1925) “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law...” -Fourteenth Amendment, 1868

First Amendment “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.”

Freedom of Religion Guarantees of religious freedom Establishment clause: Congress shall make no law respecting an establishment of religion Free Exercise Clause: Prohibits government from interfering with the free exercise of religion Separation of church and state

Emerson v. board of Education First case to deal with Establishment Clause A challenge to a New Jersey law allowing the state to pay for busing students to schools operated by a church or religious group The court rules that the law was constitutional, law benefited students rather than aided a religion directly

Lemon Test Used in 1971 case of Lemon v. Kurtzman Used to determine whether aid violates establishment clause State aid to church schools must: Have a clear, secular nonreligious purpose Neither advance nor inhibit religion Avoid “excessive government entanglement with religion”

Equal Access Act Allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school Provides an opportunity for student prayer groups in public schools

Theory of Evolution The establishment clause has been applied to classroom instruction Epperson v. Arkansas voided an Arkansas law that banned teaching evolution in public schools

Reynolds vs. US Supreme Court has never permitted religious freedom to justify and behavior, particularly when religious practices conflict with criminal laws Reynolds claims that the law limits his freedom of religion This case establishes that people are not free to worship in ways that violate laws protecting health, safety, or morals of the community.

The Flag Salute Whether children could be forced to salute the American flag Minersville School district v. Gobitis West Virginia State Board of Education v. Barnette Patriotism could be achieved without forcing people to violate their religious beliefs

Freedom of Speech That every person have the right to speak freely Pure Speech – verbal expression of thought and opinion before an audience that has chosen listen Symbolic speech – involves using actions and symbols, in addition to or instead of using words, to express opinions

Freedom of Speech “Clear and Present Danger Rule” When the speech in question clearly presents an immediate danger, the First Amendment does not protect it The Bad Tendency Doctrine The Court held that speech could be restricted even if it had a tendency to lead to illegal action The Preferred Position Doctrine Laws limiting these freedoms should be unconstitutional unless the government can show it absolutely necessary

Freedom of Speech Defamatory speech: false speech that damages a person’s good name, character, or reputation Slander: spoken - Libel: written Fighting words: words that are so insulting they provoke immediate violence Student speech: Bethel School District v. Fraser and Hazelwood School District v. Kuhlmeier

Freedom of Press Allowing opinions to be written, circulated or broadcasted Prior restraint: censorship of information before it is published New York Times Co v United States

Freedom of Press Fair Trials and Free Press Sheppard v. Maxwell: press coverage had interfered with Sheppard’s right to a fair trail Moving the trial to reduce pretrial publicity Limiting the numbers of reporters in the courtroom Placing controls on reporters’ conduct in the courtroom Isolating witnesses and jurors from the press Having the jury kept isolated until the trial is over

Freedom of Press Protecting News Sources Can reporters refuse to surrender evidence? Shield laws: laws that give reporters some means of protection against being forced to disclose confidential information or sources in state courts

Freedom of Press Free Press Issues Radio and Television Motion Pictures E-Mail and the Internet Obscenity: society has the right to protection from obscene speech, pictures, and written material Local communities should set their own standards for obscenity.

Freedom of Assembly Protects “the right of the people peaceably to assemble and to petition the Government for a redress of grievances. Examples: petitions, letters, lobbying, carrying signs in a parade, marching Parades and demonstrations: must first obtain a permit