April 22 Review Notes/discussion over religion and freedom of speech Moot Court

What kinds of things can you do at a shopping mall? What are somethings you cannot do at a shopping mall? Why?

The Unalienable Rights What's unalienable cannot be taken away or denied. Its most famous use is in the Declaration of Independence, which says people have unalienable rights of life, liberty, and the pursuit of happiness. When the United States was formed the framers wanted to ensure individual rights against those of the government. However, these rights can be restricted when they come into conflict with the rights of others

Each person’s rights are relative to the rights of every other person. Example: Every person has the right of free speech, but no one enjoys absolute freedom of speech. A person can be punished for using obscene language.

Apollo Media Corporation v Apollo Media Corporation v. United States 1999, upheld a federal law that makes it illegal for anyone to send obscene and intentionally annoying e-mail via the internet.

The Constitution Includes a general listing of the rights of the people, Bill of Rights The 13th and 14th Amendments added guarantees of personal freedoms. Guarantees both rights and liberties to the American people.

Civil Liberties are protections against government. They are guarantees of the safety of persons, opinions, and property from arbitrary acts of government. Examples: Freedom of Religion, speech, and press, and the guarantee of a fair trial.

When rights conflict Do you agree with the court’s decision? Example: Freedom of the press versus the right to a fair trial. Sheppard v. Maxwell, 1966--- Sheppard appealed his case claiming that the highly sensational media coverage had denied him a fair trial. The Supreme Court agreed. His conviction was overturned and a new trial was ordered. Do you agree with the court’s decision?

To Whom rights are guaranteed. “Persons” covers aliens as well as citizens, but not all rights are given to aliens. The right to travel throughout the US is guaranteed to citizens, but the travel of aliens can be restricted. Is it right to restrict the travel of aliens within the United States?

After the bombing of Pearl Harbor, many persons of Japanese descent living on the Pacific coast were forcibly moved inland. In 1944, Korematsu v. United States, the Court upheld the forced evacuation as a reasonable wartime emergency measure. Was the US justified in the forced evacuation of people of Japanese descent on the Pacific Coast?

Freedom of Expression The 1st and 14th Amendments set out two guarantees of religious freedom 1. An establishment of religion is prohibited 2. Any arbitrary interference by government in the free exercise of religion is prohibited

Establishment Clause Church and government are constitutionally separated in the US. Government has done much to encourage churches and religion in the US. Examples: Chaplains serve with each branch of the military, most public officials take an oath of office in the name of God, sessions of government open with a prayer

Freedom of Speech and Press 1st and 14th Amendments Guarantee to each person the right of free expression in written and spoken words Guarantee to all persons a full, wide ranging discussion of public affairs

The guarantee of free speech and press are intended to protect the expression of unpopular views. Some forms of expression are not protected. No person has the right to libel or slander. The law prohibits the use of obscene word, printing and distributing obscene materials, and false advertisement.

Seditious speech or the urging of overthrowing the government is not protected by the 1st Amendment.

Schenck v. United States, 1919– The Court established the “clear and present danger” rule. “Words can be weapons… The question in every case is whether the words used … create a clear and present danger that will bring about the substantive evils that Congress has the right to prevent.” – Opinion of the Court

The Media Argue that they must have the right to refuse to testify in court. This is intended to protect sources and assure confidentiality. State and Federal courts have rejected the media argument. Thirty states have passed Shield Laws.

Branzburg v. Hayes, 1972– Reporters must respond to relevant questions in a grand jury investigation or criminal trial. Any special exemptions must come from Congress and the State Legislatures.

Freedom of assembly The 1st and 14th Amendments protect the right of people to peacefully assemble. It does not give people the right to incite violence, block a public street, close a school, endanger life, property, or public order.

Government can make and enforce reasonable rules covering time, place, and manner of assemblies. Government’s rules must be content neutral, they cannot regulate assemblies on the basis of what might be said there. The Courts have upheld laws that require advance notice and permits for demonstration in public places.

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.

Freedom of association Freedom of assembly and petition also include the right of association with others to promote political, economic, and other social changes. Example: A State cannot force an organization to accept members when their action would contradict what the organization professes to believe.

Civil Rights are reserved for those positive acts of government that seek to make constitutional guarantees a reality for all people. Examples: Prohibiting discrimination on the basis of race, sex, religious beliefs, or national origin, set out in the Civil Rights Act of 1964.

Equality Before the Law “No State shall … deny to any person within its jurisdiction the equal protection of the laws.” – United State Constitution It forbids States and local governments from establishing unreasonable distinctions between classes of people. However government may classify people and groups. It cannot do so unreasonably. Ex.. Every State taxes cigarettes, so smokers pay an extra tax. But they cannot tax just male smokers.

Segregation The separation of one group from another. Separation based on race is unconstitutional. De jure segregation is segregation by law. De facto segregation is segregation without laws. Ex.. Housing patterns.

Classification by Sex Gender has long been used as a basis of classification in the law. Most often laws that treated men and women differently were intended to protect “the weaker sex.” Courts have that the Equal Protection Clause forbids States from excluding women in certain areas. Ex.. United States v. Virginia, 1996… Virginia Military Institute could not deny entry to citizen soldier program.