1. Liberty and Justice for All

2. What are Civil Rights?  http://www.youtube.com/watch?v=gdTpU5WZH HM http://www.youtube.com/watch?v=gdTpU5WZH HM  What does this speech mean to you?

3. Issues in the News  Page 355: How does this issue compare to Dr. King’s Speech?  They both deal with Human Rights or Fundamental Freedoms which lie at the heart of the American Political System

4. What are some of these rights?  To speak freely?  To read and write what they choose?  To worship as they wish?

5. Quick Review  We know that the Constitution guarantees these rights.  We also knows that it protects these rights.  But who protects these rights?

6.  “Liberty lies in the heart of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”  What does this quote mean to you?

7. We are Responsible  As Citizens we share a common faith in the power we have to steer our government.  If we do not carry out our responsibilities then the whole society suffers.

8. The Bill of Rights  As we know is our greatest protector of our Civil Rights and Liberties  “Congress shall make no law”  Did it apply to the states?

9. Not at first? Barron Vs. Baltimore 1833  “The first ten amendments contain no expression indicating an intention to apply them to the state government.” John Marshall

10. The 14 th Amendment  Paved the way for a major expansion of Individual rights  It defined Citizenship: A person born or naturalized in the United States is a citizen of the nation and the state of residence  However, it also made individual rights: national rights: Page 356 (Open your Books)

11. Incorporation  Definition: The process by which the Bill of Rights was extended to the states and localities  Why is it important?

12. The Answer  If it was not incorporated states could possibly deny certain rights to certain citizens of that state.  Example: The Poll Tax  As a result of incorporation the Bill of Rights has become the final safeguard when personal rights are affected

13. This does create controversy  http://www.glencoe.com/video_library/index_wi th_mods.php?PROGRAM=9780078747625&VIDEO =2239&CHAPTER=13&MODE=2 http://www.glencoe.com/video_library/index_wi th_mods.php?PROGRAM=9780078747625&VIDEO =2239&CHAPTER=13&MODE=2

15. Freedom Of Religion  What does this issue in the news tell you?  No matter how you feel you cannot deny that religion plays or has played a significant part of American Life  Over 90% of Americans identify with a religion  And Religious Freedom is guaranteed in the 1 st Amendment

16. So why can’t we pray here today?  In order to understand that we have to understand the two clauses of the 1 st Amendment  The Establishment Clause  “States that Congress shall make no law respecting an establishment of religion.”  The Free Exercise Clause  “Prohibits government from unduly interfering with the free exercise of religion.”

17. The Establishment Clause  http://www.firstamendmentcenter.org/rel_liberty /publiclife/overview.aspx http://www.firstamendmentcenter.org/rel_liberty /publiclife/overview.aspx  Page 358  “Wall of Separation”

18. Religion is Everywhere  Government Officials take their oaths of office in the name of God.  Since 1864 most of the nation’s coins carry the motto “In God we Trust”  Pledge of Allegiance: “one nation under God”  Public meetings including daily sessions of congress open with a prayer  Does Government encourage religion?

19.  Chaplains serve with the army.  Church property and contributions to religious groups are taxed exempt  You can see how this leads to controversy  And who is supposed to solve this controversy?

20. The Supreme Court  First Establishment Clause case did not come about until 1947 when it decided  Everson vs. Board of Education  State Aid to Parochial Schools, should the federal government give aid to these schools?  359-360: Read Carefully, What is the Lemon Test? 3 parts

21. The Free Exercise Clause  Religious Practice may be limited  For example in Reynolds v. United States: George Reynolds, Polygamy case  Oregon vs. Smith: Worker was denied unemployment benefits since he was fired for using drugs as part of a religious ceremony  Wisconsin vs. Yoder: Court upheld religious practices by saying Amish parents did not have to send their children to school past 8 th grade, since it violated Amish religious beliefs

22. Religious Expression and the Flag  Should you have to salute the flag?  In 1936 William Gobitis was expelled from school for not saluting the flag- It was against his religious beliefs, so should he have to salute the flag  Court said the school was correct- Saluting the flag did not infringe on religious freedom  Page 364

23. Websites to Use:  www.oyez.org www.oyez.org  http://www.firstamendmentcenter.org/rel_liberty/p ubliclife/overview.aspx http://www.firstamendmentcenter.org/rel_liberty/p ubliclife/overview.aspx  http://www.law.cornell.edu/supct/ http://www.law.cornell.edu/supct/  http://www.digitalhistory.uh.edu/supreme_court/su preme_court.cfm http://www.digitalhistory.uh.edu/supreme_court/su preme_court.cfm

24. Freedom of Speech  Open your books and carefully read on page 366 The Issue in The News and The First Paragraph before Types of Speech  What do you think?  Should the First Amendment protect the expression of unpopular ideas?

25. Let’s define the word “Speech”:  How many of you would agree with the following:  Giving a Speech that to the student body at a student assembly.  What about wearing black armbands to protest a war?  Or protesting a law at the Capitol  Are these all speech?

26. Two Categories  1. Pure Speech: The Verbal Expression of thought and opinion before an audience that has chosen to listen  This type of speech has traditionally been powerfully protected by the Supreme Court  2. Symbolic Speech: Sometimes called expressive conduct-involves the use of actions and symbols in addition to or instead of words to express opinions

27. How does the Court Decide these symbolic test cases?  They have developed a three part test; which they established in United States v. O’Brien 1.Falls within the Constitutional Power of Government 2.Narrowly Drawn: So government cannot use it further regulate speech 3.Leaves other Communication Outlets

28. Are there other restraints?  Yes, and there have to be: For example seditious speech: Which is speech urging resistance to lawful authority or advocating the overthrow of government  But the challenge for the court is when to end these restraints

29. Clear and Present Danger 1919  Page 368  When speech in question clearly presents an immediate danger, the First Amendment does not protect it

30. The Bad Tendency Doctrine 1925  Speech could be restricted even if it had only a tendency to lead to illegal action.  This is not often used  But some Americans think that societies need for order justifies any damage to basic freedoms

31. The Preferred Position Doctrine  First Amendment comes first, above all others  Any law limiting these freedoms should be found unconstitutional unless it is absolutely necessary.  Sedition Laws: 369

32. Defamatory speech  This kind of speech is not protected: This is speech that is either untrue or hurtful:  Slander: Spoken  Libel: Written  However, public officials are held to a different standard  Hustler Magazine vs. Farewell: sets up the standard that celebrities and politicians cannot sue for Defamatory speech

33. Fighting Words  Some words are so offensive that they are deemed as unprotected speech  Chaplinsky v. New Hampshire (1942): Some words incite fighting, which is a breech of the peace and therefore are not protected.

34. Right to Assemble  “the right to peacefully assemble, and to petition the Government for a redress of grievances”  Without this Freedom, no political parties and no special interest groups could exist to influence the actions of government  Dejonge v. Oregon 1937

35. DeJonge Vs. Oregon  Established two legal principles  1. Assembly is as important as the rights of free speech and free press  2. Due Process Clause Applies to Freedom of Assembly

36. Are there limits on demonstrations?  Yes, if there is any potential of violence- example KKK parade then perhaps the Court would rule in favor of a state not allowing the parade  http://www.youtube.com/watch?v=fYh8MOnAg v8 http://www.youtube.com/watch?v=fYh8MOnAg v8  To ensure public order and safety, many states require permits- so streets will not be blocked- Cox. V. New Hampshire

37. Other Limits on Public Assembly  Pg. 377  Adderly v. Florida=  Cox v. Louisiana=  Grayned v. City of Rockford=  Freedom of Assembly does not apply to Private Property

38. Assembly and Disorder  This is when this Principle gets difficult  The Big Three  Stokie Case  Feiner vs. New York  Gregory vs. City of Chicago

39. Are you allowed to Picket?  Not until 1940 in Thornhill vs. Alabama did the Supreme Court Rule that peaceful Picketing was a form of Free Speech  But since this case the court has begun to limit picketing

40. Freedom of Association  Can you join an organization that the government considers to be subversive?  In DeJonge v. Oregon (1937) the Supreme Court extended the right to freely assemble  Whitney Vs. California (1927)  Dennis Vs. United States (1951)