Copyright, 2000 © Prentice Hall Magruder’s American Government C H A P T E R 19 Civil Liberties: First Amendment Freedoms

Civil Liberties: First Amendment Freedoms C H A P T E R 19 Civil Liberties: First Amendment Freedoms SECTION 1 The Unalienable Rights SECTION 2 Freedom of Religion SECTION 3 Freedom of Speech and Press Freedom of Speech and Press SECTION 4 Freedom of Expression and National Security SECTION 5 Freedom of Assembly and Petition Chapter 19

Chapter 19, Section 1 The Unalienable Rights S E C T I O N 1 The Unalienable Rights The Constitution, especially its Bill of Rights, guarantees many rights and liberties which reflect the principle of limited government. An individual’s rights can be exercised only to the extent that they do not limit the rights of others; if there is conflict, one right must take precedence. The Bill of Rights restricts only the National Government. Each State constitution also contains its own bill of rights. The 14th Amendment “nationalizes” most of the protections of the Bill of Rights.

Freedom of Religion S E C T I O N 2 Freedom of Religion Freedom of expression is vital to democracy. One key component of this freedom is the freedom of religion. Although freedom of religion is guaranteed in part by the Establishment Clause, the nature of the wall between church and state has been the subject of many court decisions. Freedom of religion is also guaranteed in part by the Free Exercise Clause, which protects people’s right to believe—though not necessarily to do—whatever they wish regarding religion. Chapter 19, Section 2

Chapter 19, Section 3 Freedom of Speech and Press S E C T I O N 3 Freedom of Speech and Press The 1st and 14th amendments’ guarantee of free speech and free press protect people’s right to speak and their right to be heard. There are limits to these rights. No one has the right to slander or libel another and obscene material is not protected. Symbolic and commercial speech also enjoy constitutional protection, yet they can be limited under certain circumstances.

Freedom of Expression and National Security S E C T I O N 4 Freedom of Expression and National Security To protect itself from internal subversion, government can regulate some expression in the interest of national security. The Supreme Court has held that government has a right to control speech that creates “a clear and present danger” of violence or harm to public order or national security. Chapter 19, Section 4

Freedom of Assembly and Petition S E C T I O N 5 Freedom of Assembly and Petition The 1st Amendment guarantees the right to assemble peaceably and to petition for redress of grievances. Government can reasonably regulate the time, place, and manner of such expression but regulations must be “content neutral.” Freedom of assembly and petition includes a guarantee of association. Chapter 19, Section 5