THE SUPREME COURT CIVIL LIBERTIES CITIZENSHIP… …AND YOU

Wall of Separation “…declared that the legislature should "make no law respecting an establishment of religion, or prohibiting the free exercise thereof," thus building a wall of separation between Church & State.”

Freedom of Religion MORE THAN 90 Percent of Americans identify with a religion. Establishment Clause – States that “Congress shall make no law respecting an establishment of religion.” Free Exercise Clause – Prohibits government from unduly interfering with the free exercise of religion

Freedom of Religion Establishment Clause Free Exercise Clause Everson v. Board of Education “Religious school bus fair” Engel v. Vitale “Almighty God, we acknowledge our dependence upon Thee” Free Exercise Clause Reynolds v. United States Subvert Good Order Minersville School District v. Gobitis Do I salute?

Freedom of Speech Pure Speech: The verbal expression of thought and opinion before an audience Symbolic Speech: Uses actions and symbol, in addition to or instead of words, to express opinions

Freedom of Speech Symbolic Speech Clear and Present Danger Rule United States v. O’Brien Tinker v. Des Moines School District Texas v. Johnson Clear and Present Danger Rule Schenck v. United States “Resist the Draft!” Defamatory Speech Slander and Libel Student Speech Bethel School District v. Fraser

Freedom of the Press Prior Restraint Near v. Minnesota Must be allowed to publish New York Times Co. v. United States Pentagon Papers Sheppard v. Maxwell restrictions of the press

Freedom to Assemble The Nazis in Skokie American Nazi Party in Skokie Illinois Largely Jewish Community Forced the American Nazi Party to pay $300,000 bond to get a parade permit. Federal Appeals Court rules that no community could use parade permits to interfere with free speech and assembly.

Freedom to Assemble Does the Constitution require the police to protect unpopular groups when their demonstrations incite violence? May the police order demonstrators to disperse in the interest of public peace and safety? Cox v Louisiana Potentially incite Violence Bradenburg v Ohio - Upholds right to protest for unpopular groups

Rights of the Accused Exclusionary rule: any illegally obtained evidence cannot be used in federal court. Should criminals go free simply because the police made a mistake in collecting evidence?

Exclusionary Rule United States v Leon INEVITABLE DISCOVERY As long as the police act in good faith when they request a warrant, the evidence they collect may be used in court even if the warrant is defective INEVITABLE DISCOVERY States that evidence obtained in violation of a defendant’s rights can be used at trial Automobiles Pg 400 California v Acevedo

Exclusionary Rule Does it apply to you at school?

Exclusionary Rule New Jersey v. T.L.O Supreme Court ruled that school officials do not need warrants or probable cause to search students or their property. All that is needed are reasonable grounds to believe a search will uncover evidence that a student has broken school rules. Vernonia School District 47J. V. Action Upheld mandatory suspicionless drug tests for all students participating in interscholastic athletics.

14th Amendment Defines citizenship as a person born or naturalized in the United States and includes citizenship to not only country but state of residence. Also lays the groundwork for nationalizing individual rights.

14th Amendment “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall any State deprive any person of life, liberty, or property without due process of law.” “Liberty” has developed to include all rights of the 1st amendment.

Dred Scott v. Sandford and the 14th Amendment Dred Scott was an enslaved African American in Missouri, a slave holding state. Mr. Scott had also lived in Illinois – a free state – and the Wisconsin territory, where the Northwest Ordinance forbad slavery. Court ruled that Scott could not bring a legal suit in a federal court. 14th Amendment overruled Dred Scott.

Naturalization The legal process by which a person is granted the rights and privileges of a citizen. 1) Applicants must have entered the United States legally 2) They must be of good moral character 3) They must declare their support of the principles of American government 4) They must prove they can read, write, and speak English 5) They must show some basic knowledge of American history and government. (Draft evaders, military deserters, polygamists, anarchists, Communists, or followers of any other totalitarian system will be denied citizenship)