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

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

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)

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

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

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

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

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

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)

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

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

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)

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

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

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

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

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

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”

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

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

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

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

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

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

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

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

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

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