1. Chapter 19 Notes Civil Liberties: First Amendment Freedoms
American Government
Chapter 19 Notes
Civil Liberties: First Amendment Freedoms

2. Section 1
The Unalienable Rights

3. A Commitment to Freedom
Personal freedom is deeply rooted in America’s history
Constitution and Bill of Rights reinforce personal freedom
Fight for civil liberties and civil rights
Protections against the government
Right to participate in Government

4. Limited Government
Difference between democracy and dictatorship is the extent of power over personal freedom
Rights are Relative, not Absolute
Right to do as they please… so long as you do not infringe on the rights of others
When Rights Conflict
Fight of freedom of press versus the right to a fair trial
To Whom are Rights Guaranteed?
Extends to all persons, and even aliens
non-citizen individuals
However, aliens do have some restrictions such travel

5. Federalism and Individual Rights
The Bill of Rights
The first ten amendments were intended to restrict the new national governments power
The Modifying Effect of the 14th Amendment
States cannot deny basic rights because of the Due Process Clause of the 14th Amendment
No state can deny any person any right that is “basic or essential to the American concept of ordered liberty.”
Process of Incorporation
Merged, or combined, the bill of rights in the 14th amendment

6. The 9th Amendment
Many rights are not explicitly stated in the Constitution
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” 9th Amendment

7. Section 2
Freedom of Religion

8. Freedom of Expression
Religion has always played a large and important role in American life
1st and 14th amendments prohibit the establishment of religion (Establishment Clause) and interference by the government in the “free exercise” of religion

9. Separation of Church and State
States that there needs to be “a wall of separation between church and the state (Government)”
Originally defined by Thomas Jefferson
Government has encouraged churches through no taxation, taking oath of office in the name of God, coins, and nation’s anthem
However, parochial schools are religious schools, and they are not under the rules of DESE
Example, Catholic High School

10. Religion and Education
In Everson v. Board of Education, law requiring the public to pay for buses (even parochial buses) was against the establishment clause
Released Time
Allowed public schools to release students during school hours to attend religious classes on school grounds
Considered illegal by the Supreme Court

11. Religion and Education (Con’t)
Prayers and the Bible
Continually the Supreme Court has held that the requirement of prayer to be unconstitutional
Including before a public school graduation or football game
Student Religious Groups
Students are allowed to create religious groups at schools, as long as they are supported similar to other student groups at the school
Evolution
Cannot forbid the teaching of evolution

12. Religion and Education (Con’t)
Aid to Parochial Schools
Whether or not states should provide funding for private religious school districts
The Lemon Test
Purpose of the aid is clearly secular, not religious
Its primary effect neither enhances or inhibits religion
It avoids an excessive entanglement of government with religion
However, not completely clear cut from Supreme Court

13. Other Establishment Clause Cases
Seasonal Displays
Supreme Court has held that public organizations can put up Christmas decorations, as long as they show other religious symbols as well
ACLU continually attacks this issue
Chaplains
Legislative meetings can begin with prayer because:
tradition
Legislators are not like school children and are not “susceptible to religious indoctrination or peer pressure”

14. The Free Exercise Clause
Guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion
However, one cannot violate criminal laws, offend public morals, or otherwise threaten the safety of the community
Limits on Free Exercise
Multiple cases involving the restriction of individual freedom

15. The Free Exercise Clause (Con’t)
Free Exercise Upheld
The government is limited on restricting individual freedoms
Amish only go to school till 8th grade
Jehovah witnesses have the right to not salute the U.S. flag

16. Section 3
Freedom of Speech and Press

17. The Free Exchange of Ideas
1st and 14th amendments provide certain fundamental rights
Each person a right of free expression in all means of communication
Guarantee to all person a full, wide ranging discussion of public affairs

18. The Free Exchange of Ideas (Con’t)
America’s governmental system depends on the ability of the people to make sound, reasoned judgments and decisions
Used to protect unpopular views
However there are restrictions, especially concerning libel and slander
false and malicious use of printed words
false and malicious use of spoken words

19. Seditious Speech
Sedition is the crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts
Seditious speech is the advocating or urging, of such conduct
The Alien and Sedition Acts
Ability to deport undesirable aliens in 1798
However eventually found unconstitutional

20. Seditious Speech (Con’t)
The Sedition Act of 1917
Ability of the government to charge individuals who tried to interfere with the war effort
Established Clear and Present Danger
The Smith Act of 1940
A crime for anyone to advocate the violent overthrow of the government of the United States
Parts of the act are still used today

21. Obscenity Can be considered obscene if:
The average person find that the work tends to excite lust
Depicts or describes a form of promiscuity
The work taken as a whole, lacks serious literary, artistic, political, or scientific value

22. Prior Restraint
Punishment of words said or written after they are made
Basically used as a form of censorship

23. The Media Confidentiality Motion Pictures
In theory, reporters are to give up their sources, if requested by the courts
However, some states have passed shield laws
Allow reporters to maintain their confidentiality
Motion Pictures
No longer do towns have “censorship” committees
Most individuals use the industry’s own rating system

24. The Media (Con’t) Radio and Television
Most often the form of communication with the highest amount of restrictions
The FCC is the government agency in charge of regulating the decency of radio and television

25. Symbolic Speech
Expression by conduct… communicating ideas through facial expressions, body language, or by carrying a sign or wearing an arm band
Example: Picketing
patrolling of a business site by workers who are on strike

26. Symbolic Speech (Con’t)
Other Symbolic Speech Cases
Acts of dissent can be punished if:
the object of the protest is within the constitutional powers of the government
whatever restriction is placed on expression is no greater than necessary in the circumstance
government’s real interest in the matter is not to squelch dissent
Flag Burning
Courts found it to be constitutional

27. Commercial Speech Advertising for businesses is sometimes protected
Example:
Cigarette and drinking commercials during college basketball games

28. Section 4
Freedom of Assembly and Petition

29. The Constitution’s Guarantees
The Constitution protects the right of people to assemble peacefully
Gather with one another

30. Time-Place-Manner Regulation
The government is allowed to put reasonable regulation on the right to assemble
The government’s regulations must also be content neutral
Cannot regulate assemblies on the basis of what might be said there

31. Public Property
Most assemblies, or demonstrations, take place on public property
Thus many times, demonstrations are restricted to specific parts of public property, and must give advanced notice
In order to help maintain order and control
Gregory V. Chicago
As long as demonstrators act peacefully, they could not be punished for disorderly conduct
Recent Cases
Mostly dealing with abortion and groups trying to dissuade women from having or receiving advice on abortions

32. Private Property
The rights of assembly and petition do not give people a right to trespass on private property, even if they wish to express political views
That includes shops or malls

33. Public Property
Most assemblies, or demonstrations, take place on public property
Thus many times, demonstrations are restricted to specific parts of public property, and must give advanced notice
In order to help maintain order and control
Gregory V. Chicago
As long as demonstrators act peacefully, they could not be punished for disorderly conduct
Recent Cases
Mostly dealing with abortion and groups trying to dissuade women from having or receiving advice on abortions

34. Private Property
The rights of assembly and petition do not give people a right to trespass on private property, even if they wish to express political views
That includes shops or malls

35. Freedom of Associations
Those rights to associate with others to promote political, economic, and other social causes
Also known as right of association
Example: Boy Scouts of America V. Dale, 2001
The Boy Scouts kicked out a professed homosexual child
The Courts held that the Boy Scouts had the right to do it, because if they accepted the boy, then they would be contradicting what the organization professes to believe
Their charter opposed homosexuality