Civil Liberties: Unalienable Rights 19.1

A Commitment to Freedom: A commitment to personal freedom is deeply rooted in America’s colonial past. Their commitment to freedom took root here, and it flourished. - Revolutionary War was fought to preserve and expand those very rights. Framers included many individual rights in the Constitution, as well as in the Bill of Rights.

The Constitution guarantees both civil rights and civil liberties to the American people. Civil Liberties: Protection against the government. *Religion * Press *Speech

Civil Rights: Positive acts of government that seek to make Constitutional guarantees a reality for all people. * Prohibition of discrimination on the basis of race, sex, and religious beliefs.

Limited Government: The U.S. government is a limited government. - Constitution is filled with example of this fact. (guarantees of freedom, or restriction on the power of government). All governments have and use authority over individuals. The biggest difference is the extent of authority. (Dictatorship = almost unlimited.)

“Rights are relative, not absolute”. -although the Constitution guarantees many different rights to everyone in the U.S., no one has the right to do anything he or she pleases. (ex:) Everyone has the right of free speech, but no one enjoys absolute freedom of speech. * A person can be punished for using foul language. * Using words in a way to get someone to commit a crime. (riot)

When Rights Conflict: Sometime different guarantees of rights come into conflict with one another. (ex:) Right to a fair trial, and freedom of the press. (Sheppard v. Maxwell, 1966)

To Whom Are Right Guaranteed?: Most constitutional rights are extended to all persons. The Supreme Court has often held the term “persons” covers aliens as well as citizens. -Not all rights are given to aliens. (ex:) The right to travel freely throughout the country is extended to citizens only.

Federalism and Individual Rights: Recall the term federalism. This is when power is shared between the federal and state governments. Federalism can also create problems involving guarantees of individual rights in the U.S. The Bill of Rights: The first 10 amendments to the Constitution were intended to be a restriction on the new national government, not on the States.

The 14 th Amendment: However, this doesn’t mean States can deny people their basic rights. Reasons Why: 1.) States have their own Constitutions in which they guarantee rights. 2.) 14 th amendment’s due process clause. Due Process Clause: No State shall deprive any person of life, liberty, or property without due process of law.

Bell Work: 4/26 What is the difference between civil liberties and civil rights?

Freedom of Religion: 19.2

Freedom of Expression: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. ” - U.S. Constitution Religion has always played an important role in American life. Many of the early colonist and many later immigrants came here to escape persecution.

The 1 st and 14 th amendments set out two guarantees of religious freedom. These guarantees prohibit: 1. an establishment of religion. (Establishment Clause) 2. interference by government in the “free exercise” of religion. (Free Exercise Clause)

Separation of Church and State: The Establishment Clause sets up, a wall between church and state. However, our government has done much to encourage churches and religion. - churches don’t pay property taxes - don’t pay income taxes. -public officials take an oath of office. -both houses open with a prayer.

Religion and Education: The Supreme Courts first direct ruling on the Establishment Clause came in Everson v. Board of Education (1947) - tax dollars supporting the bussing of parochial school student’s. Since this case, most cases involving the Establishment Clause, have involved religion and education.

(ex:) 1. release times- 2. school prayers- 3. student religious group- 4. evolution- 5. aid to parochial schools-

The Lemon Test: The Supreme Court has been working through many cases involving State aid to parochial schools. In most of these cases, the Court now applies the Lemon test. Lemon test: 1. Purpose of aid must be secular, not religious. 2. Primary effect shouldn’t advance or inhibit religion. 3. It must avoid “excessive entanglement of government with religion”.

Other Establishment Clause Cases: Religious displays during holiday seasons. (ex:) nativity scene at city and state office buildings. Chaplains opening sessions of Congress with a prayer. - Supreme Court allows this. Public displays of the ten commandments.

Free Exercise Clause: The second part of the constitutional guarantee of religious freedom is set out in the Constitution’s Free Exercised Clause. Free Exercise Clause: people have the right to believe in whatever he or she chooses. – No law or action by government can violate this right. – Protected by both the 1 st and 14 th amendment.

Limits on Free Exercise: The Court has approved many regulations on the Free Exercise Clause. - upheld law that requires vaccinations of schoolchildren. - forbid the use of poisonous snakes in religious services.

Free Exercise Upheld: State cannot forbid ministers to hold elected office. Refusal to salute the flag, or say the pledge. (ex:) Minersville School District v. Gorbitis -court first ruled against Gorbitis - 3 years later, it reversed its decision.

Bell Work: 4/27 Explain the difference between the establishment clause and the free exercise clause.

Freedom of Speech and Press: 19.3

Free Expression: The guarantees of free speech and press in the 1 st and 14 amendment serve two fundamental purposes: 1. free expression in the spoken and written word. 2. guarantee all persons the ability to have a voice in public affairs. Basically, the 1 st and 14 th amendment gives people the right to have their say and the right to hear what others have to say.

Freedom of Speech: A couple things to think about as we cover this section: 1. The guarantees of free speech and press are intended to protect the expression of unpopular views. 2. No person has the absolute right of free speech and press. ex: libel and slander.

LIBEL AND SLANDER: occur when a person or entity communicates false information that damages the reputation of another person or entity -Libel: occurs when the false and defamatory communication is written. -Slander: occurs when the false and defamatory communication is spoken. This law also includes the use of words to prompt others to commit a crime (riot, or overthrow the government.

Seditious Speech: Sedition: crime of attempting to overthrow the government by force. (violent acts) Seditious speech: is the advocating, or urging the overthrow of a government, or violent acts against the government. The Alien and Sedition Act: (1789) gave the President the power to deport undesirable aliens. Also made false criticism of the government a crime.

Sedition Act of 1917: Passed during WWI, made it a crime to encourage disloyalty, interfere with the draft, hinder the sale of government bonds, and so on… -more than 2000 people convicted. Smith Act of 1940: Makes it a crime for anyone to: 1. Advocate the violent overthrow of the government. 2. Distribute material that teaches or advises an overthrow. 3. Belong to a group that aims to overthrow the government.

Obscenity: The 1 st and 14 th amendment do not protect obscenity. In recent years, the Court has had to decide what is obscene. Today, they usually use this three part test to help them determine what is and isn’t obscene. 1. Does the work excite lust? 2. Is it offensive to the average person? 3. Does the work lack artistic value?

Prior Restraint: Prior Restraint: prohibits government from banning expression of ideas prior to their publication. - only used in very rare cases. ex: times of war, incites readers to acts of violence. * Hazelwood School District v. kuhlmeier (1988)

Media: The media is very important in a free society. This has caused many to question the extent the media can be regulated by the government. -Confidentiality (Shield laws) -Radio and television

Symbolic Speech: People can communicate ideas by conduct, or by the way they do things. This is called symbolic speech, and is somewhat protected by the 1 st amendment. ex: -picketing (accepted and protected) -flag burning (accepted and protected) -burning draft cards (not protected)

Bell Work: Explain how slander and libel are similar. How are they different?