1. Chapter 18 US Government Mr. LeHew
Constitutional Freedoms - Abridged Civil Liberties: First Amendment Freedoms
Chapter 18
US Government
Mr. LeHew

2. Commitment to Freedom
Civil rights were a major element of our British heritage - Revolutionary War fought to preserve/expand rights
Many states ratified the Constitution only if a Bill of Rights was added

3. Bill of Rights - listing of rights
Many states refused to ratify the Constitution without one
Civil rights - positive acts of the government that seek to make constitutional guarantees a reality.
Civil liberties - protections against the government (things the government cannot do)

4. Rights are not absolute - you have the right to do as you please as long as it doesn’t interfere with another person’s rights
All persons in the US have rights - including aliens - though all rights aren’t given to aliens

5. Federalism and Civil Rights
Initially the Bill of Rights only restricted the national government - not state governments
Some rights are guaranteed against the national government only
Some rights are guaranteed against the state government only
Some rights are guaranteed against both governments

6. 3. 14th Amendment
“No state shall deprive any person of life, liberty, or property without due process”
Extended the protection of earlier amendments to the states - called the process of incorporation

7. Established in Gitlow v. New York, 1925
Gitlow was a communist
Convicted in state court of criminal anarchy (crime to advocate the overthrow of the government)
Supreme Court upheld conviction though they stated the 14th extended the free speech guarantee to the states
Has free speech even though the majority may not agree with him
Extends civil rights through the 14th Amendment called process of incorporation

8. 4. 9th Amendment Freedom of Religion
List of rights incomplete
9th says there are rights beyond those listed in the Constitution
Those “unlisted” rights belong to the people
Freedom of Religion
2 parts to religious freedom - establishment clause and free exercise clause

9. Freedom of Religion
Establishment clause prohibits the establishment of a state religion
3. Religion and education
Everson v. Board of Education 1947 (aka New Jersey Bus Case)
Supreme Court upheld state law that provided for public busing (tax supported) of parochial schools (because of safety)

10. Wallace v. Jaffree 1985 (Alabama)
Engle v. Vitale 1962
Supreme Court outlawed, even on a voluntary basis, of a non-denominational or voluntary prayer written by the New York Board of Regents
Wallace v. Jaffree 1985 (Alabama)
Supreme Court found a moment of silence law unconstitutional for meditation or voluntary prayer
NOTE: not all moment of silence laws are unconstitutional

11. Lee v. Weisman 1992 (Rhode Island)
Prohibits offering prayer as part of a school graduation service

12. Court upheld this in Westside Community Schools v. Mergens (1990)
Equal Access Act of 1984
Any public high school that receives federal funds must allow student religious groups to meet in the school on the same terms it sets for other student organizations
Court upheld this in Westside Community Schools v. Mergens (1990)

13. Edwards v. Aguillard 1987 Epperson v. Arkansas 1968
Supreme Court struck down a law that prohibited the teaching of evolution as a scientific theory
Edwards v. Aguillard 1987
Voided a 1981 law that called for instruction in creation science along with evolution

14. Lemon v. Kurtzman 1971 Established the Lemon Test
States may give money to parochial schools if:
Aid is secular and not religious
Aid neither advances nor inhibits religion
Must avoid an excessive entanglement with religion
Money can be given for lunch programs but not salaries
Church property used for religious purposes is tax exempt

15. Seasonal Displays
County of Allegheny v. ACLU 1989
Can have seasonal displays as long as they don’t endorse Christian doctrine - can’t have a religious display
Remember this is a public place - not your front yard or the front of your church

16. 5. Chaplains in Congress
Sessions begin with prayer - chaplain is paid
Marsh v. Chambers 1983
Prayer allowed in Congress because it’s a custom and unlike children, adults are not as susceptible to peer pressure and indoctrination

17. 6. Free Exercise Clause
Gives each person the right to believe whatever they choose to believe as long as it does not violate the law, offend public morals, or threaten the safety/health of the community

18. Reynolds v. US 1879 First case to deal with free exercise clause
Reynolds said his 1st amendment rights were violated because he was not allowed to practice polygamy and had been convicted by state court for doing so
Supreme Court said the 1st doesn’t prevent Congress from punishing those actions that are “violations of social duties or subversive of good order”

19. Free Speech Schenck v. US 1919
Charles Schenck, member of the Socialist party, found guilty of obstructing war effort because he sent leaflets to draftees urging them not to go
Set up clear and present danger rule
Words can be outlawed and those who say them punished when their use creates an immediate danger that criminal acts will follow

20. 7. Smith Act 1940
Still in effect
For war and peace time
Makes it illegal to teach/advocate the violent overthrow of the government, to distribute information that teaches/advocates overthrowing the government, or knowingly belonging to such a group

21. Dennis v. US 1951
Supreme Court upheld the Smith Act
Communists had been arrested for advocating the overthrow of the government
Court expands this in Yates v. US, 1957
Smith Act applicable to action - not just urging someone to believe something

22. 8. obscenity
Miller v. California 1973
Supreme Court defined obscenity
Something is obscene if:
the average person in the community believes the work tends to excite lust
depicts/describes sexual conduct specifically dealt with in an anti- obscenity law
work lacks serious literary, artistic, political, or scientific value

23. Prior Restraint New York Times v. US 1971
Pentagon Papers (on Vietnam policy) stolen and given to press
Government wanted court order (injunction) to bar publication because the documents were stolen

24. Media
State and federal courts have rejected reporters need to promise confidentiality
Some states (30) have shield laws - gives reporters protection against having to name their sources
Branzburg v. Hayes 1972
Reporters must answer questions in court like anyone else

25. 4. internet
little regulation thus far
attempts have been deemed unconstitutional
Children’s Internet Protection Act 2002
public libraries that receive federal funds must use filters to block access to pornography
Symbolic Speech
a person’s conduct, the way they behave, can also be a means of expression ie picketing

26. 2. Tinker v. Des Moines School District 1969
students wore black armbands to protest Vietnam
they were suspended
Court ruled 1st amendment symbolic speech had been violated
3. Texas v. Johnson 1989
Johnson burned flag during anti-Reagan demonstration at Republican National Convention in Dallas
Court ruled burning the flag a form of symbolic speech

27. 4. not all conduct is considered symbolic speech
US v. O’Brien 1968
4 men burned their draft cards
convicted in federal court
Supreme Court upheld their conviction
acts of dissent can be punished

28. 2. regulated by government
Commercial Speech
speech for business purposes
2. regulated by government
government prohibits false/misleading advertising and the advertisement of illegal goods/services