Chap 4 Day 2- Aim: How are Civil Liberties Protected or Limited? Do NOW- Pair/Share 1) Why is separation of church and state necessary, according to Jefferson? State churches that use government power to support themselves and force their views on persons of other faiths undermine all our civil rights. Moreover, state support of the church tends to make the clergy unresponsive to the people and leads to corruption within religion. Erecting the 'wall of separation between church and state,' therefore, is absolutely essential in a free society. -Thomas Jefferson

Freedom of Religion 2a.The Establishment Clause “Congress shall make no law respecting the establishment of religion.” 2b.The Free Exercise Clause Prohibits government from interfering with the practice of religion Some religious practices may conflict with other rights, and then be denied or punished

Freedom of Religion 3. Lemon V. Kurtzman (1971) Aid to church-related school must A. Have a secular legislative purpos B. Have a primary effect that neither advances nor inhibits religion C. Not foster an excessive govt. “entanglement” with religion 4. Engel v. Vitale (1962)No school prayer-why not? A. “State is committed to a position of neutrality” B. Voluntary prayer in school violated establishment clause 5. Ten Commandments monument outside court- constit. Or unconstit.?

Freedom of Expression 6. Prior Restraint Definition: A government preventing material from being published. Censorship. May be permissible during wartime. May be punished after something is published 7. Near v. Minnesota (1931) Protects newspapers from prior restraint But could be punished afterward for violating a law 8. Student newspapers “not a public forum” 9. NYTimes v. U.S. (1971)– Pentagon Papers- no prior restraint

Freedom of Expression Free Speech and Public Order 10. Schenck v. U.S. (1919) Limited if it presents a “clear and present danger” Was it? Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action Limited if on private property, like a shopping center

Freedom of Expression Free Press and Fair Trials The public has a right to know what happens. The press’ own information may not be protected. Shield laws

Freedom of Expression Obscenity – does court protect it as speech? 12. Roth v. U.S. (1957) – obscenity not constitutionally protected speech No clear definition on what constitutes obscenity. 13. Miller v. California (1973) stated that materials were obscene if the work: appeals “to a prurient interest in sex” showed “patently offensive” sexual conduct lacks “serious literary, artistic, political or scientific value” Local areas make their own decisions on obscenity

Freedom of Expression- Libel and Slander 14. Libel: The publication of false or malicious statements that damage someone’s reputation. 15. Slander: The same thing, only spoken instead of printed. 16. Different standards for private individuals and public (politicians, celebrities) individuals Difficult to prove – why? 17. NY Times v. Sullivan (1964) Libelous against public figures only if made with malice and reckless disregard for truth Easier for private individuals – why? Only show that statements made wrong and author negligent – but still difficult to prove. (Tom Cruise & South Park, Falwell and Flynt)

Summary Create a multiple choice question based on previous material. Exchange question with neighbor. Share with class.