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Published byWinfred Wilkinson Modified over 9 years ago
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Civil Liberties First Amendment Freedoms
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Two Types of Protections 1. Civil liberties- constitutionally based freedoms guaranteed to individuals – Example – Bill of Rights
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2. Civil rights – Refer to positive acts of government protection against group discrimination
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First Amendment
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Freedom of Religion Two Guarantees 1. Establishment Clause 2. Free Exercise Clause
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Establishment Clause The court has consistently ruled that a separation between church and state is required “Wall of Separation” – Jefferson Engel v. Vitale
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Free Exercise Clause The gov’t cannot interfere with an individual’s belief of religion Reynolds v. U.S (1879) Wisconsin v. Yoder (1972)
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Freedom of Speech & Press
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Is It “Speech”?
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1. Shout “fire’ in a crowded movie theater? 2. Debate the value of nuclear arms with another citizen? 3. Sing the national anthem in a screeching manner at a National League baseball game?
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4. Wear political symbols to school, such as a button that says “Down with America”? 5. Demonstrate peacefully in front of the White House? 6. Use sexually suggestive, but not obscene, language in a campaign speech for high school student council?
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7. Not participate in reciting the “Pledge of Allegiance”? 8. Damage another person’s reputation by spreading false rumors? 9. Stage a march by the Ku Klux Klan? 10. Burn the American flag?
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Types of Speech 1. Pure Speech – Spoken words only 2. Speech Plus- Spoken words & some activity ex. demonstrating 3. Symbolic Speech- most controversial – it involves no speech at all – Texas v. Johnson
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Regulating Speech & Press 1. Sedition – Advocating or urging the overthrow of the gov’t by force. “Clear and Present Danger” 2. Obscenity & obscene materials – “I know it when I see it” – No enduring or comprehensive definition Miller v. California 3. Slander/libel – false statements that are malicious and damage a person’s reputation
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4. Commercial – advertisers not allowed to make false claims 5. Prior Restraint- gov’t prevents material from being published 6. Media – FCC regulates the content, nature, and very existence of radio and television broadcasting TV & radio regulated more than newspapers & magazines
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Freedom of Assembly & Petition Freedom to meet, protest, march, picket, write letters of protest, and the right to associate with one another.
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Limits on Assemblies Gov’t can make & enforce reasonable rules covering the time, place, and manner of assemblies
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Rights & Liberties Protected 1. Dec. Of Independence 2. Constitution which includes the Bill of Rights
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#4 10-5-09 Journal Should a sick child whose parents’ religion prohibits medical treatment be allowed to die? Why?
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