Civil Rights Relative NOT Absolute!

The Freedom of Expression: Religion  Congress shall make no law respecting the establishment of religion, or abridging the free exercise thereof.

The Establishment Clause  Creates a wall of separation between church and state. –Both tend to corrupt the other.

Examples of the Establishment Clause  Engel v. Vitale: No organized prayer in school.  Lynch v. Donnelly: Christmas displays on public property. Okay if PART OF a seasonal display.

Examples of the Establishment Clause:  Chaplains in Congress and legislatures: Marsh v. Chambers, Okay to use public funds and have. Historic precedence.  Evolution: Cannot favor one religious belief above another.  Aid to parochial schools: Aid must not be religious based.

Free Exercise Clause:  Guarantees the right to believe. But does not give an absolute right to ACT on those beliefs. –Reynolds v. US: Polygamy is subversive to social order.

Free Exercise Cases  Wisconsin v. Yoder: Amish children must attend school until 8 th grade.  Goldman v. Weinberger: Yarmulke cannot be worn on active military duty.

Free Exercise Cases:  McGowan v. Maryland: Blue laws cannot be enforced.  West Virginia Board of Education v. Barnette: Cannot force students to salute flag if religious objections.

NOT violations of free exercise  Conscientious Objectors: Supreme Court has never ruled that religious reasons can be used to be exempt from military service.

NOT violations of Free Exercise  Racial Discrimination: The government can deny tax-exempt status to private schools that practice racial discrimination based on religious beliefs. Bob Jones University v. United States

NOT violations of the Free Exercise Clause  Westside Community Schools v. Mergens: Outside school time, religious groups can meet on school property – as long as not endorsed by the school.

Freedom of Speech  Freedom of expression is essential to democratic government.  Government may not prohibit the right of free speech. –SO: Does this include artistic speech or just political? Does this also include actions?

Flag Burning v. Burning Draft Cards  Texas v. Johnson (1989): Flag burning is an act of symbolic speech and allowable.  U.S. v. O’Brien (1968): Burning draft cards to protest Vietnam was not symbolic speech. Draft cards are necessary to raise an army.

Public Forums and Free Speech  If content-neutral government can restrict public speech in consideration of “time, place, manner.”  Madsen v. Women’s Health Center (1994)

The Right Not to Speak  Wooley v. Maynard: Maynard, a Jehovah’s Witness objected to the New Hampshire motto ‘Live Free or Die’ on his license plate.

Can Government make value choices?  Rust v. Sullivan (1991): Can government pass laws forbidding family planning clinics who receive federal funds to give any information on abortion?

OBSCENITY  Miller v. California: Speech or conduct is obscene if it has all the following: –The average person finds the work as a whole is obsessed with sex. –The work depicts a type of sexual conduct prohibited by law. –The work as a whole lacks serious literary, artistic, political or scientific value.

Apply the Miller Test:  Can a person possess obscene material for private use in his/her home?  Sending obscene materials in interstate commerce or importing them? (Child porn)  Nude dancing at an adult only club?

Defamation  Slander: Defamation through the spoken word.  Libel: defamation by written word. –Words have to be made knowing they were false or with actual malice in mind. OR with RECKLESS DISREGARD.

Movies, Radio and TV  Has some First Amendment protections – but not as much as written material.  Government CAN regulate airwaves.

Freedom of Assembly and Petition  The right of the people to peaceably assemble and to petition the government for a redress of grievances. –PEACEFULLY assemble on PUBLIC property – with time, place and manner of assemblies considered.

Freedom to Assemble on Private Property?  Aren’t malls like old- time town squares?  What about protesting outside an official’s residence? (Gregory v. Chicago)

Freedom to Associate  Political associations are protected. NOT social. –Can a city ordinance prohibit adults from entering a teen dance? –Can a state order a Rotary Club to admit women?

Fighting Words  First Amendment does NOT protect abusive or insulting language that is meant to create violence. –Hate Speech: RAV v. St. Paul: Burning a cross on a black family’s private property. Wisconsin v. Mitchell: Reaction to “Mississippi Burning”

Speech in Schools:  Also covers military bases and prisons:  Tinker v. Des Moinses School District (1969): Can student’s actions be punished?

Freedom of Press  Nebraska Press Association v. Stuart: “Gag orders”  Snepp v. United States: Prior restraints can be used. CIA could prevent former employees from writing without permission about the agency.