1. Civil Rights & Civil Liberties
Landmark Court Cases
US Government

2. Civil Rights vs Civil Liberties
Civil rights are legal actions that the government takes to create equal conditions for all people
14th Amendment:
Guarantees citizenship rights and equal protection under the law
Ex. all who qualify to vote have the right to do so and that right is enforceable by government intervention
The right to be free from employment discrimination based on race, gender, age, or disability
The right to equal access to health care and social services

3. Civil Rights vs Civil Liberties
Civil liberties are protections against government actions (the freedoms we have to think and act without government interference or fear of unfair treatment)
1st Amendment freedoms
Ex: By law, the government is prohibited from interfering in our individual choice of religion and worship. We have liberty from government action or restraint

4. Civil Liberties First Amendment 45 words guaranteeing freedoms of
Speech
Religion
Press
Assembly
Petition the government

5. Civil Liberties First Amendment
According to the Newseum's 2015 State of the Amendment Survey:
57% of the 1,002 American adults surveyed knew that the First Amendment includes the right to free speech.
Only 10% named freedom of the press and the right of assembly
19% named freedom of religion.
Only 2% in the survey named the right to petition
33% of Americans cannot name any of the rights guaranteed by the First Amendment

6. 1st Amendment Freedom of Speech
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

7. 1st Amendment Freedom of Speech Protects… Written words Spoken words
Expressive conduct (actions that do not involve written or spoken words but do contain a message)

8. 1st Amendment Freedom of Speech Protect vs. unprotected speech
Schenck v. US (1919): speech against clear & present danger
1940s court: judges have a special duty to protect freedoms
Texas v. Johnson, 491 U.S. 397 (1989)….
invalidated prohibitions on desecrating of the American flag

9. 1st Amendment Freedom of Speech
All speech is protected unless it falls into one of four categories:
Libel
Obscenity
Fighting Words
Commercial Speech

10. 1st Amendment Freedom of Speech Libel
Published defamation or false statements—can be prosecuted by government or individuals
Seditious Libel: defaming criticizing or advocating the overthrow of gov’t
Comes from Sedition Act of 1798
Modern example: New York Times v. Sullivan (1964)

11. 1st Amendment Freedom of Speech
Obscenity - Evolving definition (most recent)
Miller v. US (1973)
1. Average person, applying contemporary community standards, finds the work as a whole to appeal to prurient interest
2. Work depicts conduct that is specifically defined and prohibited by state law
3. Work, as a whole, lacks serious literary, artistic, political, or scientific value (LAPS test)
Work in question must fail all three parts to be considered obscene

12. 1st Amendment Freedom of Speech
Fighting Words: Abusive, Offensive, Insulting, Angering—words that will start, quite literally, a fight

13. 1st Amendment Freedom of Speech
Commercial Speech used to be unprotected because wasn’t as valuable as political speech, recently however, more protection—false or misleading advertising, or advertising something illegal = unprotected

14. 1st Amendment Freedom of Speech
Other violations: (Area 51 example – all)
Copyright
Clear & Present Danger
Disruptive to school activities
Incitement to commit crimes

15. Establishment Clause:
1st Amendment
Freedom of Religion
Establishment Clause:
Forbids state sponsored religion (on all levels)
Prohibits gov’t involvement in religious matters
Limits government financial support (may give but may not discriminate)
Gov’t may accommodate religious needs
Jefferson’s Wall of Separation Letter
TJ wrote a letter to the Danbury Baptist Association in 1802 to answer a letter from them, asking why he would not proclaim national days of fasting and thanksiving, as had been done by Washington and Adams before him.
The letter contains the phrase "wall of separation between church and state," which lead to the short-hand for the Establishment Clause that we use today: "Separation of church and state."

16. 1st Amendment Freedom of Religion Lemon Test
Established in Lemon v. Kurtzman (1971)
Laws must…
have secular purpose
neither advance or inhibit religion
Avoid excessive government “entanglement”

17. 1st Amendment Freedom of Religion
Endorsement Test (Sandra Day O’Connor)
Lynch v. Donnelly (1984)
a gov’t action is invalid if it creates a perception in the mind of a reasonable observer that the gov’t is either endorsing or disapproving of religion.

18. 1st Amendment Freedom of Religion Free Exercise Clause:
No government has authority to compel a citizen to accept any creed, or to deny a citizen any right due to religious beliefs

19. 1st Amendment Freedom of Religion The Sherbert Test
government must demonstrate a compelling government interest before denying unemployment compensation to someone who was fired because her job conflicted with her religion
Sherbert v. Verner (1963)
Later, limited to federal laws only

20. 1st Amendment Freedom of Religion Student rights:
free to pray alone or in groups as long as activity is not disruptive and does not infringe upon the rights of others (As long as it is not disruptive or disrespectful, or does not pressure others, students can exercise faith)
Schools cannot exercise religious activities, including making students pray

21. 1st Amendment Freedom of the Press
The media: often called the “fourth branch of government”
Checks the other branches
Cannot have democracy without it

22. 1st Amendment Freedom of the Press
We have the right of access, that is the right to go where we need to get information (schools, markets, child care centers, mental health institutions, etc.)
In Lovell v. City of Griffin, Chief Justice Hughes defined the press as, "every sort of publication which affords a vehicle of information and opinion." This includes everything from newspapers to blogs.

23. The press has the right to be at all public trials.
1st Amendment
Freedom of the Press
The press has the right to be at all public trials.
Sunshine Laws: government agencies must open meetings to the public and press.

24. 1st Amendment Freedom to Assemble
Protects our right to gather in groups for any reason, so long as the assemblies are peaceful.
Gov’t can make rules about when and where (Occupy Wall St), but cannot ban them.

27. Freedom to Petition the Government
1st Amendment
Freedom to Petition the Government
The right to express one’s idea to the government
Petition = formal document
“In a free country we punish men for crimes they commit, but never for opinions they have.” (Harry Truman, 1950)
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