1. ORDER AND CIVIL LIBERTIES Unit Four, Chapter 15

2. Bill of Rights First 10 Amendments of the US Constitution Limits on the national government but not on the state governments (until 14 th Amendment) Civil Liberties: “negative rights” – freedoms guaranteed to the individual; restraints on government Civil Rights: “positive rights” – powers and privileges guaranteed to the individual and protected against arbitrary removal at hands of government or other individuals

3. Freedom of Religion “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” Establishment Clause: prohibits laws establishing religion Free-Exercise Clause: prevents government from interfering with the exercise of religion Together ensure government can neither promote nor inhibit beliefs or practices Rulings over time: freedom to believe is unlimited; freedom to practice is limited

4. Establishment Clause Case IssueOutcome/Impact GOVERNMENT SUPPORT OF RELIGION Reynolds v. US (1879) Mormon, polygamyUpheld restrictions Everson v. Board (1947) Reimbursements for transportIncorporation, Secular issue Board v. Allen (1968) Lemon v. Kurtzman (1971) Agostini v. Felton (1997) Public school teachers in parochial schools Restriction, however not excessive govt entanglement Zelman v. Simmons-Harris (2002) Lynch v. Donnelly Nativity sceneRestriction, historical basis SCHOOL PRAYER Engel v. Vitale (1962) Nondenominational prayerUpholding separation Abington School District v. Schemp (1963) Lee v. Weisman (1992) Prayer at graduationUpheld separation Santa Fe Independent School District v. Doe (2000) Good News Club v. Mildford (2001) Religious club formation

5. Free Exercise Clause Distinguish between religious beliefs from actions based on those beliefs Sherbert v. Verner (1963) Neutral law that burdens free exercise of religion is subject to strict scrutiny Law may be upheld if: 1. Law is justified by a “compelling government interest” 2. Law is narrowly tailored to achieve a legitimate goal 3. Law in question is least restrictive means for achieving interest

6. Freedom of Expression Free-expression clauses: press and speech clauses of First Amendment Dominant view: confer right to unrestricted discussion of public affairs Prior restraint: censorship before publication, as well as after-the-fact prosecution for political and other discourse 1. Government regulate or punish advocacy of ideas, only if can prove intent to promote lawless action and demonstrate high probability such action will occur 2. Government may impose reasonable restrictions on means for communicating ideas

7. Freedom of Speech CaseIssueOutcome/Impact Schenk v. US (1919) Gitlow v. New York (1925) Dennis v. US (1951) Brandenburg v. Ohio (1969) SYMBOLIC EXPRESSION Tinker v. Des Moines (1969) Texas v. Johnson (1989) ORDER V. FREE SPEECH Chaplinsky v. New Hampshire (1942) Cohen v. California (1971) Reno v. ACLU (1997)

8. Freedom of Press Defamation of Character  Public Figures: people who assume roles of prominence or thrust themselves to the forefront of public controversies; must show actual malice  New York Times v. Sullivan (1964)  Hustler Magazine v. Fallwell (1988) Prior Restraint  Near v. Minnesota (1931)  New York Times v. US (1971)

9. Freedom of Expression Versus Maintaining Order Freedom of the press does not override requirements of law enforcement Branzburg v. Hayes (1972) Hazelwood School District v. Kuhlmeier (1988) Morse v. Frederick (2007)