1. Civil Liberties: First Amendment Freedoms Chapter 19

2. Section 1: Unalienable Rights

3. A Commitment to Freedom Civil Liberties: Protections against government – Guarantees of the safety of persons, opinions and property from acts of government – Religion, speech, press, fair trial

4. A Commitment to Freedom – Civil Rights: Positive acts of government that seek to make constitutional guarantees a reality for all people Prohibitions of discrimination: race, sex, beliefs, or origin Civil Rights Act of 1964

5. Limited Government Rights are relative, not absolute – Do what you want as long as it does not infringe on somebody else’s rights Shouting fire or bomb to induce panic

6. Limited Government When rights conflict – Media coverage of trials or crimes Over coverage could cause an unfair trial

7. Limited Government To whom are rights guaranteed? – Can restrict non-citizens Travel between states can be restricted Internment camp during WWII

8. Federalism and Individual Rights Bill of Rights – Restrictions on the national government, not on the states Use of grand juries

9. Federalism and Individual Rights Modifying effect on the 14 th Amendment – States can not deny basic rights – 14 th Amendment: “no state shall… deprive any person of life, liberty or property without due process of law” – Process of incorporation Courts have included most of the Bill of Rights guarantees into the 14 th amendment to the states

10. Federalism and Individual Rights Gitlow v. New York (1925) – Supreme Court ruled that 14 th Amendment says states can not take away basic rights Many courts cases involving 1 st Amendment rights overturned after this ruling

11. 9 th Amendment There are rights beyond those set in the Constitution – Just because the Constitution does not say it does not mean you can’t do it Examples?

12. Section 2 Freedom of Religion

13. Freedom of Expression How do you express yourself? Where does that fall into the Bill of Rights?

14. Freedom of Expression 1 st and 14 th Amendments set out 2 guarantees for freedom of religion – An “establishment of religion” – Interference by government to exercise your freedom of religion

15. Separation of Church and State Establishment Clause: There is a “wall of separation between church and state” Government has helped religious organizations – Tax free institutions – “God” on money – Chaplains in the armed forces – Local gov’t leads with a prayer

16. Separation of Church and State How high is the wall? Where is the line drawn? 1 st Case about Establishment Clause came in 1945 Pierce v. Society of Sisters (1925) – Used the 14 th Amendment not Establishment Clause

17. Religion in Education Everson v. Board of Education (1947) – New Jersey School Bus case – Court upheld NJ law that allowed funding for buses to all schools – It was for the safety of kids to get to school safely – Others argued it opened up money for religious purposes

18. Religion and Education Released Time – Students allowed to leave during school hours to attend religious classes – Struck down in Champaign, Il (1948) because religious classes were in the school – Upheld in NYC because classes were outside of the school

19. Religion and Education Prayers and the Bible – Engel v. Vitale 1962 – prohibits voluntary recitation of Regents’ prayer – Along with other cases Court says Public schools cannot sponsor religious exercises – Includes moments of silence for meditation or voluntary prayer – Does not cover individuals rights to pray while at school – Students can study the Bible or religious texts in historical context

20. Religion and Education Student Religious Groups – Equal Access Act of 1984 Any public high school that receives funding must allow student religious groups to meet the same as any other organization Westside Comm. Schools v Mergens (1985) – Students were denied right to form a student Christian group

21. Religion and Education Evolution – Epperson v. Arkansas (1968) “State has no legitimate interest in protecting.. Religions from views distasteful to them” Edwards v. Aguillard- if you teach evolution then you must teach Creation Science as well

22. Religion and Education Supporters Aid to Parochial Schools – Parents have a right to send children to those schools – Still pay taxes to public schools – Most of the education is secular Opponents Funding frees up money for religious activities Consequences for the decision Where is the line? Religious beliefs are bound to have an effect on education

23. Religion and Education The Lemon test – Purpose of the aid must clearly be secular – Primary effect must neither advance nor inhibit religion – It must avoid excessive entanglement of government with religion

24. Religion and Education Lemon v Kurtzman (1971) – Struck down Pa. law that provided reimbursements Teacher salaries, textbooks, and other materials There was excessive “entanglement of gov’t and religion”

25. Other Establishment Clause Cases Seasonal Displays – Lynch v. Donnelly (1984)- Religious and non- religious displays – County of Allegheny v ACLU (1989)- Voted against display of manger scene with religious text – Pittsburgh v ACLU – Display of multiple religious scenes upheld (diversity)

26. Other Establishment Clause Cases Chaplains – Marsh v. Chamber (1983) Prayer in legislature is ok because it has been there since the beginning Legislators are not susceptible to religious indoctrination like children are

27. Free Exercise Clause The right to believe in whatever religion you choose No law or other action can violate this right – 1 st and 14 th amendment

28. Free Exercise Clause Reynolds v U.S. – Practice of polygamy – Court says Congress has the power to punish actions that are “violations of social duties or subversive of good order”

29. The Free Exercise Clause Limits – Vaccination – Use of snakes – “Blue Laws” – Drugs – Draft

30. Free Exercise Clause Free Exercise Upheld – Cantwell v. Connecticut – do not need a license to solicit money for religious cause – Amish do not have to attend school after the 8 th grade – Benefits because they quit do to religious beliefs – Saluting the flag