Ku Klux Klan Rally On April 20th, the Klan plans to march and assemble in downtown Douglasville. They have notified the city manager, mayor, and police chief. Should they let them have their rally? Why or why not? Work at the top of page 109 in the notebook.

Civil Liberties & The Courts Protecting Basic Freedoms

What are civil liberties? Fundamental freedoms that people share: Religion (or to not be religious) Speech Press Assembly Sometimes government fails to protect these freedoms…

The Constitution and the Bill of Rights Inscribes into law as a protection against government’s abuse of civil liberty BOR was not intended to limit rule of state government Inclusion of 14th Amendment (1868) – Citizenship & Due Process Laid groundwork for making rights apply to the states This is known as incorporation

Freedom of Religion and the Court Establishment clause (aka: Free Exercise clause) “Congress can make NO law respecting an establishment of religion” Supreme Court’s interpretation has led to many controversial decisions –many related to education Developed 3 part test to determine if states can aid church schools 1) have a clear, non-religious purpose 2) neither advance or inhibit religion 3) avoid excessive government entanglement with religion

Freedom of Religion and the Court Also protects a student’s right to religious activities within the school day Banned various religious observations in public schools Ruled that student led religious activities can have access to school facilities Constructional ban on school prayer does NOT apply to government meetings Freedom of Religion is NOT a protection when observing religion conflicts with criminal behavior

What’s the Difference Between Civil Liberties & Civil Rights? Let’s find out….

Freedom of Speech and the Courts The Court has identified two categories of speech: Speech that endangers public safety, trespasses, unnecessarily blocks traffic is NOT protected Court says that government CAN regulate and or forbid expressive conduct in narrowly defined instances Pure Speech: Verbal expression of thoughts before an audience that chooses to listen Symbolic Speech: The use of actions and symbols to express opinions and ideas

Freedom of Speech and the Courts Court has defined 3 doctrines that MAY justify limiting Free Speech: 1) Clear & Present Danger 2) Bad Tendency Doctrine 3) Preferred Position Doctrine Court has ruled that First Amendment does NOT protect the following: 1) Seditious Speech 2) Defamatory Speech 3) Fighting Words Court upheld the right of schools to regulate lewd or indecent speech Skip next slide

Schenck v. New York (1919) Return

Should schools have the right to limit YOUR free speech? Schools have greater power to limit your rights: Why do they have this power? Should they have this power? Why or why not? What might happen if they did not have this power? Can your rights to free speech be limited in any place? How?

Freedom of Press and the Courts Government MAY censor information prior to publication if national security is endangered Courtroom access can be limited by the presiding judge and the press can be barred from preceding Reporters cannot use the First Amendment to refuse to testify or surrender evidence 30 states have “shield laws” to protect reporters and sources

Freedom of Press and the Courts Government CAN regulate and punish radio and television stations that violate FCC standards Motion pictures and the Internet are protected by free-press guarantees

Freedom of Assembly and the Courts Advance notice CAN be required to protect safety Authorities CAN STOP a demonstration, but CANNOT arrest peaceful demonstrators if the audience is the cause of disorder Protesters CANNOT enter facilities such as prisons w/o permission or hold demonstrations intended to disrupt educational institutions.

Freedom of Assembly and the Courts Protesters CANNOT convert private property (such as malls) to their own use. Gov’t may ban or limit picketing by labor unions under certain circumstances. The State CAN restrict “freedom of association” – the right to join an organization – but only if it can show the group is making preparations to use force against the government.

Freedom of Assembly and the Courts Religion 2 , 8 Speech 4, 5 FIRST AMENDMENT FREEDOMS Press 1, 6 Assembly 3, 7 Shield laws The establishment clause Union picketing Clear and present danger The bad tendency doctrine Pretrial publicity Freedom of association School prayer

Equal Protection of the Law Equality means that all people have equal rights under the law. Discrimination exists when people are treated unfairly solely because of a classification that has no reasonable justification (you must show there was an intent to discriminate, not merely that the law had an unequal impact on different groups).

Supreme Court Guidelines for EP Rational Basis Test Compelling Public Interest Incorporation as protection from states RBT: means that the state must show that a classification is “reasonably related” to an acceptable goal of government. CPI: classification made on the basis of race or national origin is suspect and subject to strict judicial scrutiny. To justify it, the state must show there is a strong overall reason to discriminate States may not use classifications that violate Fundamental rights guaranteed by the constitution (right to vote, right to travel freely between states).

Challenges for Civil Liberties Changing ideas, social conditions, and technology have created new civil liberties issues: Affirmative Action Gender Discrimination Freedom of Information Act War & Other National Emergencies – making the playing field level for minorities and women. – classifications “must rest on some ground of difference” that serves “important governmental objectives. – federal agencies must provide citizens with access to gov’t records upon request (national security/confidentiality). – individual rights vs. national security (USA Patriot Act).