First Amendment Freedoms

5 guarantees: RAPPS Religion Assembly Petition Press

Liberties, Freedoms, Rights and Privileges Civil Liberties Constitutionally protected freedoms of all persons against governmental restraint. Freedom of conscience, religion, expression with first amendment, along with fifth and fourteenth amendments.

Civil rights Constitutional rights of all persons, not just citizens, to due process and the equal protection of the laws, no discriminations by government due to race, ethnic background, religion or gender.

Privileges Legal privileges are granted by government and they may be subject to conditions/restrictions. Drivers license

Rights in Constitution Writ of habeas corpus Ex post facto Bills of attainder

Bill of Rights

National v. State Bill of rights pertained only to the national government. The fourteenth amendment (1868) changed the outlook for this upon the states.

Fourteenth amendment Due process clause No person shall be deprived bya state of life, liberty or property without due process of law. Limits state the same way Bill of Rights limits national government.

Gitlow v. New York. Changed precedent of Supreme Court with due process clause. “freedom of speech and of the press--which are among the fundamental personal rights and ‘liberties protected by the dur process clause of the Fourteenth Amendment from impairment by States”

Selective Incorporation Fourteenth Amendment is basically the “bill of rights” for the citizens v. states. Take out 2nd and 3rd amendments. Take our indictment of grand jury by fifth amendment. 9th and tenth. 17th right to trial by jury in civil cases.

D.C. v. Heller/Chicago http://abcnews.go.com/Politics/Supreme_Court/supreme-court-hears-chicago-gun-ban-case/story?id=9780703

New Judicial Federalism U.S. Constitution should set a minimum but not maximum standards for protecting our rights.

Religion Establishment Clause: Forbiddance of governmental support to any or all religions. Brings questions of how may governments legally/Constitutionally aid religion.

Everson v. Board of Separation 1947 “wall of separation” Supporting of religion/even if equally is prohibited, except in case of bussing with is a “child benefit.”

Lemon v. Kurtzman 1971, three part test A law must have a secular legislative purpose It must neither advance nor inhibit religion It must avoid “excessive government entanglement with religion.”

Endorsement Test Sandra Day O’Connor Establishment clause forbids governmental practices that a reasonable observer would view as endorsing religion.

Endorsement Test Sandra Day O’Connor Establishment clause forbids governmental practices that a reasonable observer would view as endorsing religion.

Constitutionality Not unconstitutional to pray in school Unconstitutional for school to endorse or promote prayer.

Schools Tax funds may be used at college level for buildings not directly related to religious teachings. Lower levels of schooling are tougher because curriculum is more interwoven.

Parents may get tax deductions for private/public schools. Vouchers…..

Religious Free Restoration Act (1993) Overrode Employment Division v. Smith Decision. Congress felt decision was infringing on religious freedom guaranteed by First and Fourteenth amendments.

Free Speech Belief, Speech and Action

Belief: government should not punish someone for what they believe.

Action: Belief is put into action, which could possibly be under government restraint. “The right to swing my fist ends where your nose begins.”

Speech stands where somehwere between belief and action Speech stands where somehwere between belief and action. It is not an absolute right, like belief, but neither is it as exposed to government restraint as action.

Tests Bad tendency: from English common law. Judges presumed it was reasonable to forbid speech that has a tendency to corrupt society or cause people to engage in illegal acts. abandoned

Clear and Present Danger Justice Oliver Wendell Holmes Schenck v. U.S. 1919. Does the speech present this “clear and present danger.” Will it incite a riot, destroy property, or corrupt and election.

Schenck Schenck was secretary of the Socialist party. Arrested under Espionage Act of 1917. Printing leaflets encouraging draft-eligible men to avoid this and assert their rights.

Preferred Position Doctrine Freedom of speech should rarely, if every be curtailed. Government should not punish citizens for what they say, only what they do.

Non protected v. Protected Speech Libel: defamation of someone through print. Has become harder and harder to sue for this if on national spotlight. Seditious libel: Overthrowing of a government in writing.

Smith Act 1940 Red Scare Communism

NYT v. Sullivan (1964) Seditious libel unconstituional Words not actions.

Obscenity and Pornography Miller v. California (1973) Court agrees on term. 1)the average person, applying contemporary standards of the particular community,find that the work, taken as a whole appeals to the prurient interest of sex.

Continued… 2)the work depicts or describes in a patently offensive way sexual conduct specifically defined by the applicable law or authoritatively construed. 3) The work, taken as a whole, lacks serious literary, artistic, political or scientific value.

Terms Prior restraint Void for vagueness Least drastic means Content and viewpoint neutrality

Press The press claims to have rights to hold information, the Supreme Court thinks otherwise. Congress has granted “press shield laws” which allow for anononimty.

Right to know. The press believes they have full access to many institutions to find out the “truth.” Sunshine laws, reuiqres govenrment agencies to open their meetings to the public and press.

Freedom of Information Act 1996, opens up nonclassified government records to the public. Clinton gave executive order to automatically declassify almost all govnrment documents 25 years or older.

Telecommunications:1996 Tv stations, radio station and broadcaster may compete with one another. V-chip Supreme Court allows more regulation for broadcasters than radio/television

Reno v. ACLU (1997) Internet not near as censored as the rest. Congress passes the Child Online Protection Act--better be 18.