Civil Liberties: First Amendment Freedoms Chapter 19 Civil Liberties: First Amendment Freedoms

A Commitment to Freedom Revolutionary War was fought for personal freedom Some rights were not included in the original constitution, so a Bill of Rights was added Civil Liberties-protections against government Civil Rights-acts of government that protect the rights of people

Limited Government People have the right to do as they please as long as they do not infringe on the rights of others

Federalism and Individual Rights Bill of Rights only mandated personal freedoms by the national government The 14th amendment said that states may not deny a person’s rights

The Bill of Rights 1st amendment-freedom of religion, speech, press, assembly, and petition 2nd amendment-right to bear arms 3rd amendment-quartering of troops

The Bill of Rights 4th amendment-Searches and Seizures No searches or seizures without a warrant Evidence gained without a warrant cannot be used in court

The Bill of Rights 5th amendment-Criminal proceedings, due process, eminent domain Grand jury indictment Double jeopardy Self-incrimination

The Bill of Rights 6th amendment-criminal proceedings Trial by jury Fair and speedy trial Right to an attorney 7th amendment-civil trials 8th amendment-punishment for crimes No excessive bail No cruel and unusual punishment

The Bill of Rights 9th amendment-Unenumerated rights Other rights not mentioned in the Constitution 10th amendment-Powers reserved to the states

Freedom of Expression Protected by the 1st amendment Two religion guarantees Establishment clause-government cannot establish religion Government cannot interfere in the free exercise of religion

Separation of Church and State Government encourages religion All religious organizations are free from taxes Public officials take an oath of office in the name of God Legislative sessions open with prayer

Religion and Education Released time allow public schools to release students during school hours to attend religious class Prayers and the Bible-What is not allowed Bible readings over the intercom prayer recitations Mandatory posting of the ten commandments

Religion and Education Student Religious Groups Schools must allow these groups to meet on campus Evolution States cannot ban the teaching of evolution or require the teaching of creationism Aid to Parochial Schools Parochial-religious States must provide some financial assistance

Religion and Education The Lemon Test Aid to parochial schools Three-pronged standard The aid must be for secular (nonreligious) use Must neither advance nor inhibit religion Must avoid an excessive entanglement of government with religion

Other Establishment Clause Cases Seasonal Displays Should not just display religious symbols Chaplains Congress Tradition dating back to Colonial days Adults are not as subjective as children

The Free Exercise Clause A person may believe whatever they choose A person may not violate laws when practicing religion Mormons and polygamy Vaccination of children Mandatory store closings on Sundays Poisonous snakes in religious ceremonies

Free Expression Right of people to have their say and the right to hear what others have to say Some forms of speech are not protected Speech that could physically harm Libel-false and malicious use of printed words Slander-false and malicious use of spoken words

Obscenity Hard to define Adult business cannot use the mail Different business codes for adult industry

Prior Restrain Government cannot curb ideas before they are expressed CIA members must receive permission to publish anything related to the CIA Schools can censor newspapers, plays, etc.

The Media Reporters can be called to testify and reveal sources Film industry rating system Radio and television is regulated by the FCC

Symbolic Speech Picketing Burning Draft cards-not upheld in Supreme Court Tinker v. Des Moines School District Students wore black arm bands to protest Vietnam and were suspended, Supreme Court ruled it to be symbolic speech Flag burning Upheld as symbolic speech

Commercial Speech Advertising Cannot be misleading or use false claims Advertising of illegal goods and services not allowed

The Constitution’s Guarantees Right to assemble peaceably Cannot incite violence, block a public street, close a school, or endanger life, property or public order

Time-Place-Manner Regulations Cannot interfere with school, court proceedings, etc. Right time and place

Public Property Must ask permission to use

Private Property Cannot trespass on private property

Freedom of Association The right to associate with others to promote political, economic, and other social causes