 CIVIL RIGHTS  “Fair and Equal” status and treatment from the government  Right to participate in the government  Basic right to be free from unequal treatment  CIVIL LIBERTIES  Basic rights/freedoms that are guaranteed  Usually protected in the Bill of Rights or the Constitution

 Originally intended to limit the actions of the national government  According to Barron v. Baltimore (1833), the BOR only applied to national government  Chanced in 1925 in Gitlow v. New York (1925).  The FOURTEENTH AMENDMENT through the process of INCORPORATION guarantees that the protections of the Constitution are also applied through the state governments

 Find the following cases:  Near v. Minnesota (1931)  DeJonge v. Oregon (1937)  Everson v. Board of Education of Ewing Township (1947)  Write out a one sentence “question” regarding the case  Tell me the answer of the Supreme Court  What part of the First Amendment was “incorporated” through this case?

 From this point forward, we are going to discuss different court cases and how they are applied.  In some cases, there will be contradictory rulings.  EXAMPLE – Find the decisions and synopsis for: ▪ McCreary County v. ACLU of Kentucky (2005) ▪ Van Orden v. Perry (2005)

 Please look up:  Minersville school District v. Gobitis (1940)  West Virginia State Board of Ed. V. Barnette (1943)  The Constitution forbids the government from making a law respecting an establishment of religion, or prohibiting the free exercise thereof. How do the above cases fit into this? Which case do you agree with?

 Key case in incorporation of freedom of religion  Case struck down public funding of teaching of non-religious subjects in private schools  Set up “Lemon Test”  Law must have a secular (non-religious) purpose  Major effects of law must not enhance nor inhibit religion  Must not encourage excessive government entanglement with religion

 Find the following cases:  Edwards v. Aguilard (1987)  Wallace v. Jaffree (1985)  Write out a one sentence “question” regarding the case  Tell me the answer of the Supreme Court  How did this violate the freedom of religion?

 Are they inviolate?  What types of speech are restricted, if any?  Incitement (Brandenburg v. Ohio)  False Speech (Gertz v. Robert Welch Inc.)  Obscenity (Miller v. California)  Child Pornography  Fighting Words ( Chaplinsky v. New Hampshire)  Treason  Sedition

 Libel – written  Slander – spoken  Prior restraint (New York Times Co. v. USA)  Symbolic speech (Texas v. Johnson)

 Assembly – the right to join groups of your choosing  Petition – the right to speak against the government  Cases to consider:  DeJonge v. Oregon (1937)  Edwards v. South Carolina (1963)

 Calling for violence  Reasonable restrictions on:  Time  Place  Method  Permit  Excessive Noise

 Not expressly written in Constitution  Still protected  NAACP v. Alabama