1. LIBERTY PURSUIT OF HAPPINESS
Bill of Rights, 14th Amendment, 1st Amendment
Let’s GO!
LIBERTY PURSUIT OF HAPPINESS
LIFE

2. Bill of Rights First 10 amendments
Government cannot abuse the rights of individuals
Protects from acts of congressional, state, and local government that may threaten people’s basic rights.

3. 14th Amendment
Defines citizenship AND lays the groundwork for making individual rights national
No state can deprive any person of freedom of speech, press, religion, or assembly because these freedoms are essential to a person’s liberty.
Gitlow v. New York (1925)
“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law...”
-Fourteenth Amendment, 1868

4. First Amendment
“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.”

5. Freedom of Religion Guarantees of religious freedom
Establishment clause: Congress shall make no law respecting an establishment of religion
Free Exercise Clause: Prohibits government from interfering with the free exercise of religion
Separation of church and state

6. Emerson v. board of Education
First case to deal with Establishment Clause
A challenge to a New Jersey law allowing the state to pay for busing students to schools operated by a church or religious group
The court rules that the law was constitutional, law benefited students rather than aided a religion directly

7. Lemon Test Used in 1971 case of Lemon v. Kurtzman
Used to determine whether aid violates establishment clause
State aid to church schools must:
Have a clear, secular nonreligious purpose
Neither advance nor inhibit religion
Avoid “excessive government entanglement with religion”

8. Equal Access Act
Allows public high schools receiving federal funds to permit student religious groups to hold meetings in the school
Provides an opportunity for student prayer groups in public schools

9. Theory of Evolution
The establishment clause has been applied to classroom instruction
Epperson v. Arkansas voided an Arkansas law that banned teaching evolution in public schools

10. Reynolds vs. US
Supreme Court has never permitted religious freedom to justify and behavior, particularly when religious practices conflict with criminal laws
Reynolds claims that the law limits his freedom of religion
This case establishes that people are not free to worship in ways that violate laws protecting health, safety, or morals of the community.

11. The Flag Salute
Whether children could be forced to salute the American flag
Minersville School district v. Gobitis
West Virginia State Board of Education v. Barnette
Patriotism could be achieved without forcing people to violate their religious beliefs

12. Freedom of Speech That every person have the right to speak freely
Pure Speech – verbal expression of thought and opinion before an audience that has chosen listen
Symbolic speech – involves using actions and symbols, in addition to or instead of using words, to express opinions

13. Freedom of Speech “Clear and Present Danger Rule”
When the speech in question clearly presents an immediate danger, the First Amendment does not protect it
The Bad Tendency Doctrine
The Court held that speech could be restricted even if it had a tendency to lead to illegal action
The Preferred Position Doctrine
Laws limiting these freedoms should be unconstitutional unless the government can show it absolutely necessary

14. Freedom of Speech
Defamatory speech: false speech that damages a person’s good name, character, or reputation
Slander: spoken - Libel: written
Fighting words: words that are so insulting they provoke immediate violence
Student speech: Bethel School District v. Fraser and Hazelwood School District v. Kuhlmeier

15. Freedom of Press
Allowing opinions to be written, circulated or broadcasted
Prior restraint: censorship of information before it is published
New York Times Co v United States

16. Freedom of Press Fair Trials and Free Press
Sheppard v. Maxwell: press coverage had interfered with Sheppard’s right to a fair trail
Moving the trial to reduce pretrial publicity
Limiting the numbers of reporters in the courtroom
Placing controls on reporters’ conduct in the courtroom
Isolating witnesses and jurors from the press
Having the jury kept isolated until the trial is over

17. Freedom of Press Protecting News Sources
Can reporters refuse to surrender evidence?
Shield laws: laws that give reporters some means of protection against being forced to disclose confidential information or sources in state courts

18. Freedom of Press Free Press Issues Radio and Television
Motion Pictures
and the Internet
Obscenity: society has the right to protection from obscene speech, pictures, and written material
Local communities should set their own standards for obscenity.

19. Freedom of Assembly
Protects “the right of the people peaceably to assemble and to petition the Government for a redress of grievances.
Examples: petitions, letters, lobbying, carrying signs in a parade, marching
Parades and demonstrations: must first obtain a permit