1. Civil Liberties: First Amendment Freedoms
Chapter 19
Civil Liberties: First Amendment Freedoms

2. A Commitment to Freedom
Revolutionary War was fought for personal freedom
Some rights were not included in the original constitution, so a Bill of Rights was added
Civil Liberties-protections against government
Civil Rights-acts of government that protect the rights of people

3. Limited Government
People have the right to do as they please as long as they do not infringe on the rights of others

4. Federalism and Individual Rights
Bill of Rights only mandated personal freedoms by the national government
The 14th amendment said that states may not deny a person’s rights

5. The Bill of Rights
1st amendment-freedom of religion, speech, press, assembly, and petition
2nd amendment-right to bear arms
3rd amendment-quartering of troops

6. The Bill of Rights 4th amendment-Searches and Seizures
No searches or seizures without a warrant
Evidence gained without a warrant cannot be used in court

7. The Bill of Rights
5th amendment-Criminal proceedings, due process, eminent domain
Grand jury indictment
Double jeopardy
Self-incrimination

8. The Bill of Rights 6th amendment-criminal proceedings
Trial by jury
Fair and speedy trial
Right to an attorney
7th amendment-civil trials
8th amendment-punishment for crimes
No excessive bail
No cruel and unusual punishment

9. The Bill of Rights 9th amendment-Unenumerated rights
Other rights not mentioned in the Constitution
10th amendment-Powers reserved to the states

10. Freedom of Expression Protected by the 1st amendment
Two religion guarantees
Establishment clause-government cannot establish religion
Government cannot interfere in the free exercise of religion

11. Separation of Church and State
Government encourages religion
All religious organizations are free from taxes
Public officials take an oath of office in the name of God
Legislative sessions open with prayer

12. Religion and Education
Released time
allow public schools to release students during school hours to attend religious class
Prayers and the Bible-What is not allowed
Bible readings over the intercom
prayer recitations
Mandatory posting of the ten commandments

13. Religion and Education
Student Religious Groups
Schools must allow these groups to meet on campus
Evolution
States cannot ban the teaching of evolution or require the teaching of creationism
Aid to Parochial Schools
Parochial-religious
States must provide some financial assistance

14. Religion and Education
The Lemon Test
Aid to parochial schools
Three-pronged standard
The aid must be for secular (nonreligious) use
Must neither advance nor inhibit religion
Must avoid an excessive entanglement of government with religion

15. Other Establishment Clause Cases
Seasonal Displays
Should not just display religious symbols
Chaplains
Congress
Tradition dating back to Colonial days
Adults are not as subjective as children

16. The Free Exercise Clause
A person may believe whatever they choose
A person may not violate laws when practicing religion
Mormons and polygamy
Vaccination of children
Mandatory store closings on Sundays
Poisonous snakes in religious ceremonies

17. Free Expression
Right of people to have their say and the right to hear what others have to say
Some forms of speech are not protected
Speech that could physically harm
Libel-false and malicious use of printed words
Slander-false and malicious use of spoken words

18. Obscenity Hard to define Adult business cannot use the mail
Different business codes for adult industry

19. Prior Restrain Government cannot curb ideas before they are expressed
CIA members must receive permission to publish anything related to the CIA
Schools can censor newspapers, plays, etc.

20. The Media Reporters can be called to testify and reveal sources
Film industry rating system
Radio and television is regulated by the FCC

21. Symbolic Speech Picketing
Burning Draft cards-not upheld in Supreme Court
Tinker v. Des Moines School District
Students wore black arm bands to protest Vietnam and were suspended, Supreme Court ruled it to be symbolic speech
Flag burning
Upheld as symbolic speech

22. Commercial Speech Advertising Cannot be misleading or use false claims
Advertising of illegal goods and services not allowed

23. The Constitution’s Guarantees
Right to assemble peaceably
Cannot incite violence, block a public street, close a school, or endanger life, property or public order

24. Time-Place-Manner Regulations
Cannot interfere with school, court proceedings, etc.
Right time and place

25. Public Property
Must ask permission to use

26. Private Property
Cannot trespass on private property

27. Freedom of Association
The right to associate with others to promote political, economic, and other social causes