1. Bill of Rights & Civil Liberties Chapter 5

2. Civil Liberties / Civil Rights Basic freedoms that are guaranteed under the Constitution Protect against government intrusion Born with these rights, natural rights Liberty: freedom from government -- no government involvement Rights: expect from government as a member of the community; expect whenever you interact with the government

3. Bill of Rights & Basic Freedoms Bill of Rights 1st: Religious and political freedom 2nd: right to bear arms 3rd: quartering of troops 4th: search and seizure 5th: rights of the accused 6th: right to public trial 7th: jury trials in civil cases 8th: punishment for crimes 9th: right of the people 10th: powers of states and people

4. Incorporation Gradual process of applying Bill of Rights to the states Cases by case; right by right Due process clause Gitlow v. NewYork (1925) : NY state could limit freedom of speech & press under its anarchy laws - preached communism; first amendment DID NOT APPLY Near v. Minnesota (1931): State law imposed permanent injunction against “malicious, scandalous, defamatory newspapers; FIRST AMENDMENT DID APPLY TO STATES - Minnesota law unconstitutional 1940 all provisions of 1st amendment applied to the states 2010 Amendments 1 – 8 had been incorporated; 2 nd amendment in 2010 McDonald v. Chicago

5. Civil Liberties & Civil Rights Rights and Liberties used together Used interchangeably Liberty: freedom from government Right: to expect from government as a member of the community

6. Civil Liberties Freedom from government interference

7. Freedom of Religion Establishment Clause Free Exercise Clause

8. Establishment Clause Separation of church and state Not in the constitution Written in Virginia State Constitution by Thomas Jefferson - Church of England Everson v. Board of Ed. 1947: state reimburse parents for transportation to school -- religiously neutral activity; cannot spend tax money on religious activities

9. School Prayer Engle v. Vitale (1962) banned school prayer Abington School District v. Schempp (1963) overturned required school prayer and Bible reading Stone v. Graham (1980) 10 Commandments posted in all public schools unconstitutional Wallace v. Jaffree (1985) ‘moment of silence’ required ‘meditation and voluntary prayer’ unconstitutional Lee v. Weisman (1992) prayer not part of graduation ceremony Santa Fe v Doe (2000) no pray before a game

10. Free Exercise Clause Practices cannot violate civil law Questions Should Mormon practices polygamy? Poisonous snakes in religious rights? Denied employment when one used peyote (hallucinogenic drug) during a religious practice? Sick child whose parents’ religion prohibits medical treatment be allowed to die? What if a religion required human sacrifice?

11. Freedom of Religion cases Not an excuse for behavior Absolute right to believe what they want Cannot harm society Established guidelines

12. 6 Cases = Guidelines Reynolds v. USA (1879): Mormon polygamy not permitted if it violates laws that protects health, safety, or morals of the community Cantwell v. Connecticut (1940): reduced restrictions on religions; no license need to raise money for religious causes Minersville School District v. Gobitis (1940): school children required to salute the flag; Jehovah’s Witnesses; graven images; upheld school district; West Virginia Board of Ed v. Barnett (1943) reversed previous decisions

13. 6 Cases = Guidelines Bunn v North Carolina (1949): ruled against poisonous snakes in religious rights; Oregon v. Smith (1990): can deny unemployment benefits for using drugs as a religious ceremony Welsh v. USA (1970): freedom of religion may be restricted if it conflicts with military duty; Goldman v. Weinberger (1986) upheld; no yarmulke (skullcap) Wisconsin v Yoder (1972): state cannot require Amish to send their children to school after 8th grade

14. Freedom of Speech & Press Freedom of Speech Pure speech (speech before a voluntary group) Speech plus (combining words with action) picketing Symbolic Speech: nonverbal speech US v. O’Brian (1968) -- no draft card burning Tinker v. Des Moines School District (1969) students may wear black arm bands Flag burning: yes Texas v. Johnson (1989); Congress President Bush

15. Regulating Speech Slander Libel Gov’t can protect espionage, sabotage, and treason Sedition: more controversial; actions or language inciting rebellion against a lawful authority

16. Limit on Free Speech Shenck v. US 1919 - WWI, leaflets encouraged men to ignore draft notices; limits to free speech “clear and present danger” Dennis v. US 1951 Smith Act- cannot advocate violent overthrow of government; court upheld convictions Yates v. USA 1957: overturned Smith Act; Communist party can urge someone to believe something without violating Smith Act Brandenburg v. Ohio 1969 Brandenburg, KKK leader arrested; convicted of inciting lawlessness; call to take the street not imminent

17. Limiting the Press Near v. Minnesota 1931- no prior restraint New York Times Co v. US 1971- Pentagon Papers Branzburg v. Hayes 1972 - does not protect journalist from revealing sources some states have shield laws Miller v California 1973 - community standard for what is obscene

18. Recent Issues Federal Communication Commission Music Internet Bloggers

19. Web v. Censorship For Censorship Protect children from pornographic and erotic materials People hide; say outrageous things Industry should self censor Physically dangerous - fraud Filtering devices should be readily available Against censorship Violation of 1st amendment Same as burning books Self rating same as publisher rating books Web censorship violates unrestricted thought and creative process Software programmers and their blocking programs should no promote social agendas

20. Freedom of Assembly and Petition Limits to assembly: reasonable rules covering time, place and manner of assembly Adderley v. Florida 1966: limit use of public places Grayned v. City of Rockford 1972 upheld noise limits that disturbed a nearby school Lloyd Corp. v. Tanner 1972 demonstrators cannot trespass on private property. Schenck v. Pro-Choice Network of Western NY 1997 ‘fixed buffer zone’ to protect public safety, free traffic flow

21. Freedom of Association People who want to promote political, economic and social causes have the right to associate with others NAACP v. Alabama 1958 - state could not force organization to turn over membership list Rotary International v. Rotary Club of Duarte 1987 could not exclude women