1. Ku Klux Klan Rally
On April 20th, the Klan plans to march and assemble in downtown Douglasville. They have notified the city manager, mayor, and police chief. Should they let them have their rally? Why or why not? Work at the top of page 109 in the notebook.

2. Civil Liberties & The Courts
Protecting Basic Freedoms

3. What are civil liberties?
Fundamental freedoms that people share:
Religion (or to not be religious)
Speech
Press
Assembly
Sometimes government fails to protect these freedoms…

4. The Constitution and the Bill of Rights
Inscribes into law as a protection against government’s abuse of civil liberty
BOR was not intended to limit rule of state government
Inclusion of 14th Amendment (1868) – Citizenship & Due Process
Laid groundwork for making rights apply to the states
This is known as incorporation

5. Freedom of Religion and the Court
Establishment clause (aka: Free Exercise clause) “Congress can make NO law respecting an establishment of religion”
Supreme Court’s interpretation has led to many controversial decisions –many related to education
Developed 3 part test to determine if states can aid church schools
1) have a clear, non-religious purpose
2) neither advance or inhibit religion
3) avoid excessive government entanglement with religion

6. Freedom of Religion and the Court
Also protects a student’s right to religious activities within the school day
Banned various religious observations in public schools
Ruled that student led religious activities can have access to school facilities
Constructional ban on school prayer does NOT apply to government meetings
Freedom of Religion is NOT a protection when observing religion conflicts with criminal behavior

7. What’s the Difference Between Civil Liberties & Civil Rights?
Let’s find out….

8. Freedom of Speech and the Courts
The Court has identified two categories of speech:
Speech that endangers public safety, trespasses, unnecessarily blocks traffic is NOT protected
Court says that government CAN regulate and or forbid expressive conduct in narrowly defined instances
Pure Speech: Verbal expression of thoughts before an audience that chooses to listen
Symbolic Speech: The use of actions and symbols to express opinions and ideas

9. Freedom of Speech and the Courts
Court has defined 3 doctrines that MAY justify limiting Free Speech:
1) Clear & Present Danger
2) Bad Tendency Doctrine
3) Preferred Position Doctrine
Court has ruled that First Amendment does NOT protect the following:
1) Seditious Speech
2) Defamatory Speech
3) Fighting Words
Court upheld the right of schools to regulate lewd or indecent speech
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10. Schenck v. New York (1919)
Return

11. Should schools have the right to limit YOUR free speech?
Schools have greater power to limit your rights:
Why do they have this power?
Should they have this power? Why or why not?
What might happen if they did not have this power?
Can your rights to free speech be limited in any place? How?

12. Freedom of Press and the Courts
Government MAY censor information prior to publication if national security is endangered
Courtroom access can be limited by the presiding judge and the press can be barred from preceding
Reporters cannot use the First Amendment to refuse to testify or surrender evidence
30 states have “shield laws” to protect reporters and sources

13. Freedom of Press and the Courts
Government CAN regulate and punish radio and television stations that violate FCC standards
Motion pictures and the Internet are protected by free-press guarantees

14. Freedom of Assembly and the Courts
Advance notice CAN be required to protect safety
Authorities CAN STOP a demonstration, but CANNOT arrest peaceful demonstrators if the audience is the cause of disorder
Protesters CANNOT enter facilities such as prisons w/o permission or hold demonstrations intended to disrupt educational institutions.

15. Freedom of Assembly and the Courts
Protesters CANNOT convert private property (such as malls) to their own use.
Gov’t may ban or limit picketing by labor unions under certain circumstances.
The State CAN restrict “freedom of association” – the right to join an organization – but only if it can show the group is making preparations to use force against the government.

16. Freedom of Assembly and the Courts
Religion
2 , 8
Speech
4, 5
FIRST AMENDMENT FREEDOMS
Press
1, 6
Assembly
3, 7
Shield laws
The establishment clause
Union picketing
Clear and present danger
The bad tendency doctrine
Pretrial publicity
Freedom of association
School prayer

17. Equal Protection of the Law
Equality means that all people have equal rights under the law. Discrimination exists when people are treated unfairly solely because of a classification that has no reasonable justification (you must show there was an intent to discriminate, not merely that the law had an unequal impact on different groups).

18. Supreme Court Guidelines for EP
Rational Basis Test
Compelling Public Interest
Incorporation as protection from states
RBT: means that the state must show that a classification is “reasonably related” to an acceptable goal of government.
CPI: classification made on the basis of race or national origin is suspect and subject to strict judicial scrutiny. To justify it, the state must show there is a strong overall reason to discriminate
States may not use classifications that violate Fundamental rights guaranteed by the constitution (right to vote, right to travel freely between states).

19. Challenges for Civil Liberties
Changing ideas, social conditions, and technology have created new civil liberties issues:
Affirmative Action
Gender Discrimination
Freedom of Information Act
War & Other National Emergencies
– making the playing field level for minorities and women.
– classifications “must rest on some ground of difference” that serves “important governmental objectives.
– federal agencies must provide citizens with access to gov’t records upon request (national security/confidentiality).
– individual rights vs. national security (USA Patriot Act).