1. Civil Rights & Liberties

2. What is the difference between Civil liberties and civil rights?
Civil liberties are protections against government- this means either federal or even state
Civil rights- positive acts of government to protect our rights- our constitutional guarantee
Civil liberties are protected by the 1st amendment and civil rights are protected by the 5th (national gov’t) and 14th(states) Amendment

3. What are our rights?
First 10 amendments- bill of rights (protection from national)
Most rights and liberties are granted to all in the US- regardless of citizenship
Non-citizens may not vote, be on juries, hold public office or certain jobs

4. How is religion protected?
1st amendment- Establishment clause-
1st amendment- free exercise clause-
Wall of separation between Church and State- Thomas Jefferson

5. Everson v. Bd. of Ed. (1947)
Applied the Establishment Clause in the Bill of Rights to state laws

6. How does the supreme court deal with religious cases at schools?
Lemon v. Kurtzman 1971-
Created 3 part Lemon Test ( to see if states can give money to private parochial schools)
Parochial schools are religious schools (church schools)

7. Three Parts of the Lemon Test
The statute must have a secular legislative purpose
Its principal or primary effect must be one that neither advances nor inhibits religion
The statute must not foster “an excessive government entanglement with religion”

8. Other issues with establishing religion
Issues of Seasonal themes- Christmas, Hannukah, etc.- at government places
Prayers led by Chaplains at government meetings
Displaying ten commandments in front of government buildings

9. Free Exercise?

10. Freedom of Speech, assembly, press (nationalizing effects of 14th amendment)

11. George Washington on Freedom of Speech
If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter.
- George Washington

12. Types of Speech Pure Speech:
Communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea

13. Symbolic Speech: Texas v. Johnson (1989),
In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment.
The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature- even if society finds it offensive

14. Limits on Free Speech Sedition:
                
                     
                  
Limits on Free Speech
Sedition:
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order.
IN OTHER WORDS……
It is the crime of creating a revolt, disturbance, or violence against civil authority with the intent to cause its overthrow or destruction.

15. * “Clear and Present Danger”: Schenck v. U.S. (1919):
"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent."
During wartime, utterances tolerable in peacetime can be punished.

16. “Imminent Danger”:
[Brandenburg v. Ohio (1969)]:
The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and
(2) it is "likely to incite or produce such action."

17. Criticism of Public Figures IS Protected, even if it is cruel
Defamation:
1) Slander:
The action or crime of making a false spoken statement damaging a person’s reputation
2) Libel: written
A published false statement that is damaging to a person’s reputation; a written defamation
Criticism of Public Figures IS Protected, even if it is cruel

18. Chaplinsky v New Hampshire (1942)
“Fighting Words”:
Words which would likely make the person whom they are addressed commit an act of violence
Chaplinsky v New Hampshire (1942)
The SCOTUS established the doctrine by a 9-0 decision
Limitation to freedom of speech as protected by the 1st Amendment to the US Constitution
Fighting words are not protected speech

19. Freedom of Assembly and Petition
Right to petition the gov’t for redress of grievances- right to ask for gov’t action
Boy Scouts of America v. Dale (2000) allows Boys scouts to ban homosexuals from being scout leaders (personal/private club)
Hatch Act restricts federal employees from political activities
Campaign contributions can be limited (person can spend on their own campaign)
Freedom of Assembly- gov’t can regulate time, place and manner, require police permits

20. Freedom of Press
Press gets access but not all the time (Freedom of Information Act (1966)- allows public to view gov’t files (now electronic 1996)
(US v. Nixon 1974)

21. Gag orders
Cannot speak about trials or case
Shield laws
Protection for the press; do not have to reveal their sources
Miller v. CA Obscene material is not protected by the 1st Amendment

22. Other things that can be regulated or restricted
Student press- Hazelwood v. Kuhlmeier-
Radio and TV