Chapter 4 Civil Liberties

 Pages Thursday’s Reading

 Freedom of press, speech, religion and assembly 1.) FOUR liberties in 1 st Amendment

 Don’t need to write all this…  “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” (14 th Amendment)  This amendment NATIONALIZES the Bill of Rights 2.) States abiding by Bill of Rights

 Establishment Clause – Congress can’t make laws establishing a religion  Free exercise Clause – prohibits the abridgement (restriction) of citizens’ freedom to worship OR not worship as they please 3.) Religious Rights (2 types)

 Dealing with aid (money) to church-related schools  Must do the following: “Lemon Test”  a.) Have a secular purpose  b.) Have a primary effect that neither advances nor inhibits religion  c.) Not foster an excessive government “entanglement” with religion 4.) Lemon v. Kurtzman

 Religion sometimes forbid actions that society thinks are necessary; OR religions may require actions that society finds unacceptable.  multiple marriages  use of illegal drugs  resist military service  Amish sending students to public schools  More examples?? 5.) Complications to Free Exercise

 Please refer to your student notes  Question 1  Question 2  Question 3 Multiple Choice

 Pages Friday’s Reading

 Definition: CENSORSHIP  Gov’t preventing material from being published  Case protecting newspapers from censorship  Near v. Minnesota  Newspaper created a list of public officials – calling them gangsters, corrupt, etc. 1.) Prior Restraint

 Peace and wartime!  Clear and present danger rule (Schenck case) – speech limited  Smith Act 1940 – protecting nat’l security outweighed 1 st Amendment  After 1960s protest – speech more “free” when discussing war 2.) Change in free speech

 NOT protected according to Roth v. United States 3.) Obscenity!!!

 The person WRITING the negative words!!!  Right to have the ability to criticize public officials  Don’t want to bring attention to themselves 4.) Winner of libel cases??

 Burning a flag  Wearing armbands to protest war  Marching in a parade  Actions not requiring speaking or writing  Other ideas?? 5.) Symbolic Speech

 S.C. has NEVER restricted access to trials  1 st Amendment entitles press to cover every trial 6.) Restrictions on Press

 Communication in the form of advertising  Can be restricted more than any other speech  WHY?? 7.) Commercial Speech

 Federal Communications Commission regulates content of radio and t.v. broadcasting  Miami Herald – a state could NOT force a newspaper to print replies from candidates it had criticized  Red Lion – court upheld restrictions on radio and t.v.  Restrictions tighter on those mediums b/c there are less options available than print media  Will probably never see these cases on exam – just be aware of the FCC involvement 8.) Miami Herald and Red Lion Cases

 Time, place and manner restrictions  Get a permit with local/city gov’t  Permission granted IF “time and place” allows the police to prevent major disruptions  Virtually NO restrictions on the content of group’s message  Good or bad?? 9.) Right to Assemble

 PART of freedom of assembly  Ability to associate with people who share a common interest  NAACP v. Alabama  State wanted names of NAACP members  Court found demand unconstitutional 10.) Right to Associate

 Question 1  Question 2 Multiple Choice