Chapter 19 Ben Eric Craig 5 th Hour AP Gov

Section 1

A Commitment to Freedom  Bill of Rights o First Ten Amendments to the Constitution o Guarantees all US citizens there basic rights  Civil Liberties o They are protection from the Government o They are the first amendments to the Bill of Rights  Civil Rights o Outlaws discrimination o Civil Rights Act of 1964

Limited Government United States is a Limited Government United States is a Limited Government No Absolute Free Speech No Absolute Free Speech Rights cannot conflict each other Rights cannot conflict each other Aliens are not guaranteed the same rights as citizens Aliens are not guaranteed the same rights as citizens

Federalism and Individual Rights Due Process Cause Due Process Cause o “No State shall deprive any person life, liberty, or property, without due process of the law.” o Protects the Bill of Rights 14 TH Amendment 14 TH Amendment o Part of Due Process Clause 9 th Amendment 9 th Amendment o Other rights not in Constitution are retained by the people

Section 2

Freedom of Religion Establishment Clause Establishment Clause o Prohibits a national religion o Government cannot interfere with religion Separation of Church and State Separation of Church and State o All church and religious grounds are tax exempt o State cannot require students to attend public schools o Cannot eliminate parochial schools

Religion and Expression Released Time Released Time o Allows public schools to released students early to attend religious classes Student Religious groups Student Religious groups o Student groups that are religious affiliated can meet on school grounds Evolution Evolution o Evolution can be taught o Some states require creation science be taught as well Lemon Test Lemon Test o The purpose of aid must be secular o Must not be excessive entanglement of government with religion

Other Establishment Clauses Seasonal Displays Seasonal Displays o Court upholds the right to place a naivety scene on government grounds Chaplains Chaplains o Congress begins with a prayer o All Houses of Congress offer a Chaplain

The Free Exercise Clause Free Exercise and Its Limits Free Exercise and Its Limits o Any American has the right to choose a religion o Cannot violate government Laws o Religious groups can hold parades on public streets o Conscience Abjections Free Exercise Upheld Free Exercise Upheld o Cannot force Amish children to attend school pass the eight grade o Cannot banned ministers from public office

Section Three

Freedom of Speech and Press Free Expression Free Expression o Guarantees to each person the right of free expression o Guarantees to all people a full, wide ranging discussion of public affairs o No person has the right to libel (is the false and malicious use of printed words) or slander (false and malicious use of spoken works).

Seditious Speech Sedition Sedition o Crime of attempting to overthrow the government o Seditious Speech (advocating or urging of such conduct) Alien and Sedition Acts Alien and Sedition Acts o Power to deport aliens that criticize the government o Now unconstitutional Sedition Act of 1917 Sedition Act of 1917 o Espionage Act o Cannot print or publish anything disloyal to the government Smith Act of 1940 Smith Act of 1940 o Bans book that teaches an overthrow o Convicted my communists in the United States

Obscenity Bans mailing of obscene pictures Bans mailing of obscene pictures Government defines obscene material Government defines obscene material Prior Restraint Prior Restraint o Government cannot curb ideas before they are expressed o Unless under extreme circumstances

The Media Confidentiality Confidentiality o Shield laws are given to reporters so that they are given some protection against having to disclose their sources Motion Pictures Motion Pictures o Supreme Court first order that the exhibition of movies are purely business o Now depends on motion picture’s rating system Radio and Television Radio and Television o Monitored by FCC o Highly censured and monitored

Symbolic Speech Symbolic Speech Symbolic Speech o People expressing their ideas by acts o Picketing which employee patrol their business site while on strike o Cannot ban cross burning or anti-war protest as long as they are peaceful Flag Burning Flag Burning o Americans have the right to burn the flag in protest

Section Four

Freedom Of Assembly Constitution Guarantees Constitution Guarantees o Right to assemble or gather with one another. o Does not guarantee violent protest or the stoppage of normal activities such as traffic or school.

Time Place Manner Forbid public events if it disturbs school activities Forbid public events if it disturbs school activities Cannot fine peaceful protestors Cannot fine peaceful protestors Content Neutral – government cannot regulate assemblies on the basis of what is said. Content Neutral – government cannot regulate assemblies on the basis of what is said.

Public Property Must have a license to hold a parade Must have a license to hold a parade Gregory v. Chicago Gregory v. Chicago o Cannot arrest people for protesting local officials and laws Recent Cases Recent Cases o Sidewalk counseling is prohibited from abortion clinics o Cannot block access to abortion clinics

Private Property Cannot trespass on private property Cannot trespass on private property Cannot protest at Shopping Malls Cannot protest at Shopping Malls

Freedom of Association Any person has the right to associate with any religious or political group Any person has the right to associate with any religious or political group Groups can exclude gays from joining if it is expressive conduct Groups can exclude gays from joining if it is expressive conduct

The End!