Civil Liberties PARTICIPATION IN GOVERNMENT JOHNSTOWN HIGH SCHOOL MR. COX

 Civil liberties are the personal rights and freedoms that the federal government cannot abridge, either by law, constitution, or judicial interpretation.  Explicitly granted by the Constitution/Amendments  These are limitations on the power of government to restrain or dictate how individuals act. Civil Liberties

The Incorporation Doctrine  The Bill of Rights was designed to limit the powers of the national government.  In 1868, the Fourteenth Amendment was added to the Constitution and its language suggested that the protections of the Bill of Rights might also be extended to prevent state infringement of those rights.  The amendment begins: "No state shall....deprive any person, of life, liberty, or property without due process of law."  The Supreme Court did not interpret the 14th Amendment that way until 1925 in Gitlow v. New York.

Freedom of Religion  "Congress shall make no law.....prohibiting the free exercise thereof (religion)" is designed to prevent the government from interfering with the practice of religion.  This freedom is not absolute.  Several religious practices have been ruled unconstitutional including:  snake handling  use of illegal drugs  Polygamy  Nonetheless, the Court has made it clear that the government must remain NEUTRAL toward religion.

The Right to Keep and Bear Arms  The 2nd Amendment states that  " A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed."  This amendment has been hotly contested in recent years particularly since the 1999 shootings at Columbine High School.  The Court has not incorporated this right, nor have they heard many cases about it.

Freedom of Speech  In their attempt to draw the line separating permissible from impermissible speech, judges have had to balance freedom of expression against competing values like  Public order  National security  and the right to a fair trial “I do not agree with what you have to say, but I'll defend to the death your right to say it.”- Voltaire

Freedom of Speech Cont’d Symbolic speech --symbols, signs, and other methods of expression. The Supreme Court has upheld as constitutional a number of actions including:  An example of protected symbolic speech would be the right of high school students to wear armbands to protest the Vietnam War (Tinker v. De Moines Independent Community School District, 1969).  flying a communist red flag  burning the American flag  Also known as freedom of expression…

Freedom of Speech Cont’d When Can Free Speech Be Restricted? 1. Clear and Present Danger  Does the expression create an immediate and obvious physical danger?  If so, it may be restricted regulated 2. Content / Viewpoint Neutrality  Does the rule restricting speech favor one perspective or assault another?  If it shows favoritism or attacks one perspective, then it is unconstitutional

Are any of these actions/statements illegal…?  Denouncing another persons’ religion, gender, ethnicity, race, etc.  Publicly protesting an abortion clinic (Planned Parenthood)  Wearing offensive/revealing clothing  Listening to loud/obnoxious music that might annoy another person  Writing a very opinionated blog post that strongly offends a women’s rights group?  Racist/Supremacist Groups Racist/Supremacist Groups  Follow somebody home and post their address and car license plate number online?

You Have the Right to Be a Jerk 1. Begin your presentation with your group’s initial analysis of the question:  “Do you have the Constitutional right to be a jerk…” Define the term “jerk.” 2. Research one case from the following freedom of expression issues: a. the absolute guarantee of Free Speech b. Free speech, assembly, and right to petition for redress of grievance cases c. Symbolic speech cases 3. Then research another case involving the following limits of free speech: a. National Security b. Fighting Words c. Obscenity 4. Finish with your presentation in PowerPoint:  Clearly define the details of the case  Addressing some of the challenges of Mr. Cox’s “the right to be a jerk” doctrine… 5. Due Dates:  Find the cases you will focus upon (due Wed.)  Place your cases in a PowerPoint (Work on Weds and Thurs.)  Present before class (starting Monday)