Civil Liberties First Amendment Freedoms

Two Types of Protections  1. Civil liberties- constitutionally based freedoms guaranteed to individuals – Example – Bill of Rights

 2. Civil rights – Refer to positive acts of government protection against group discrimination

First Amendment

Freedom of Religion  Two Guarantees  1. Establishment Clause  2. Free Exercise Clause

Establishment Clause  The court has consistently ruled that a separation between church and state is required  “Wall of Separation” – Jefferson  Engel v. Vitale

Free Exercise Clause  The gov’t cannot interfere with an individual’s belief of religion  Reynolds v. U.S (1879)  Wisconsin v. Yoder (1972)

Freedom of Speech & Press

Is It “Speech”?

 1. Shout “fire’ in a crowded movie theater?  2. Debate the value of nuclear arms with another citizen?  3. Sing the national anthem in a screeching manner at a National League baseball game?

 4. Wear political symbols to school, such as a button that says “Down with America”?  5. Demonstrate peacefully in front of the White House?  6. Use sexually suggestive, but not obscene, language in a campaign speech for high school student council?

 7. Not participate in reciting the “Pledge of Allegiance”?  8. Damage another person’s reputation by spreading false rumors?  9. Stage a march by the Ku Klux Klan?  10. Burn the American flag?

Types of Speech  1. Pure Speech – Spoken words only  2. Speech Plus- Spoken words & some activity ex. demonstrating  3. Symbolic Speech- most controversial – it involves no speech at all – Texas v. Johnson

Regulating Speech & Press  1. Sedition – Advocating or urging the overthrow of the gov’t by force. “Clear and Present Danger”  2. Obscenity & obscene materials – “I know it when I see it” – No enduring or comprehensive definition  Miller v. California  3. Slander/libel – false statements that are malicious and damage a person’s reputation

 4. Commercial – advertisers not allowed to make false claims  5. Prior Restraint- gov’t prevents material from being published  6. Media – FCC regulates the content, nature, and very existence of radio and television broadcasting  TV & radio regulated more than newspapers & magazines

Freedom of Assembly & Petition  Freedom to meet, protest, march, picket, write letters of protest, and the right to associate with one another.

Limits on Assemblies  Gov’t can make & enforce reasonable rules covering the time, place, and manner of assemblies

Rights & Liberties Protected  1. Dec. Of Independence  2. Constitution which includes the Bill of Rights

# Journal  Should a sick child whose parents’ religion prohibits medical treatment be allowed to die? Why?