2. CIVIL RIGHTS AND CIVIL LIBERTIES 1 ST AMENDMENT

3. CIVIL RIGHTS V. CIVIL LIBERTIES CIVIL RIGHTS CIVIL RIGHTS Positive acts of gov’t that make constitutional guarantees a reality for all people Positive acts of gov’t that make constitutional guarantees a reality for all people CIVIL LIBERTIES Personal rights of individuals that are protected from gov’t interference

4. FREEDOM OF RELIGION TRUE OR FALSE: TRUE OR FALSE: Freedom of religion is the 1 st thing that is mentioned in the Bill of Rights. TRUE!!!!!

5. FREEDOM OF RELIGION ESTABLISHMENT CLAUSE ESTABLISHMENT CLAUSE The government cannot make any laws about the establishment of a religion The government cannot make any laws about the establishment of a religion “A wall of separation between church & state” “A wall of separation between church & state”

6. FREEDOM OF RELIGION Religion in public schools Religion in public schools McCollum v. Board of Education McCollum v. Board of Education No prayer in school, no Bible reading for “worship” No prayer in school, no Bible reading for “worship” Santa Fe Independent School District v. Doe Santa Fe Independent School District v. Doe No prayer at or before sporting events No prayer at or before sporting events +

7. FREEDOM OF RELIGION FREE EXERCISE CLAUSE FREE EXERCISE CLAUSE The government cannot restrict any person’s religious practices The government cannot restrict any person’s religious practices

8. FREEDOM OF RELIGION There are limits on the free exercise clause There are limits on the free exercise clause Practice cannot interfere with peace, good order, or morals of society Practice cannot interfere with peace, good order, or morals of society Employment Division v. Smith Employment Division v. Smith People cannot use illegal drugs for religious ceremonies People cannot use illegal drugs for religious ceremonies

9. FREEDOM OF SPEECH TYPES OF FREE SPEECH TYPES OF FREE SPEECH Pure speech: communicating with words alone Pure speech: communicating with words alone Symbolic speech: speech using actions or objects Symbolic speech: speech using actions or objects

10. FREEDOM OF SPEECH LIMITS ON FREE SPEECH LIMITS ON FREE SPEECH Seditious speech: any speech that advocates or urges the overthrowing of a gov’t or disrupts its lawful actions with violent acts Seditious speech: any speech that advocates or urges the overthrowing of a gov’t or disrupts its lawful actions with violent acts Sedition Act of 1917: people cannot utter, print, write, or publish any disloyal language about the U.S. gov’t Sedition Act of 1917: people cannot utter, print, write, or publish any disloyal language about the U.S. gov’t

11. FREEDOM OF SPEECH LIMITS ON FREE SPEECH LIMITS ON FREE SPEECH “Clear and Present Danger” “Clear and Present Danger” Illegal if the words are used to trigger an immediate danger in which criminal acts will follow Illegal if the words are used to trigger an immediate danger in which criminal acts will follow

12. FREEDOM OF SPEECH RESTRICTIONS ON VERBAL ATTACKS RESTRICTIONS ON VERBAL ATTACKS Defamation: verbal attacks on another person’s name or reputation Defamation: verbal attacks on another person’s name or reputation TYPES: TYPES: Slander: spoken Slander: spoken Libel: written/published Libel: written/published HOW TO REMEMBER THE DIFFERENCE: HOW TO REMEMBER THE DIFFERENCE: Slander  spoken (s s) Slander  spoken (s s)

13. FREEDOM OF THE PRESS Prior restraint: gov’t censorship of a work before it is published Prior restraint: gov’t censorship of a work before it is published Almost always illegal Almost always illegal Attempt at prior restraint NY Times v. U.S. The gov’t did not get enough evidence to prove that the Pentagon Papers would endanger Nat'l security

14. FREEDOM OF THE PRESS MOTION PICTURES, RADIO, & TV MOTION PICTURES, RADIO, & TV Movies Movies Have 1 st Amendment rights, but must have ratings Have 1 st Amendment rights, but must have ratings Radio & TV (i.e. Public airwaves) Radio & TV (i.e. Public airwaves) Least amount of protection under 1 st Amendment Least amount of protection under 1 st Amendment FCC (Federal Communication Commission): FCC (Federal Communication Commission): Sets standards through licensing Sets standards through licensing STANDARDS MEAN THAT BASICALLY TV AND RADIO SHOWS HAVE 2 CHOICES:

15. FREEDOM OF THE PRESS Freedom of Information Act Freedom of Information Act Allows journalists to inspect federal records Allows journalists to inspect federal records Shield Laws: gives reporters protection against having to reveal their sources at legal proceedings Shield Laws: gives reporters protection against having to reveal their sources at legal proceedings

16. FREEDOM OF ASSEMBLY RIGHT TO MEET PEACEFULLY RIGHT TO MEET PEACEFULLY Assembly in public places Assembly in public places Allowed in most cases Allowed in most cases Assembly on private property Assembly on private property Illegal Illegal Regulations of assemblies Regulations of assemblies Local law officials must regulate them reasonably and fairly Local law officials must regulate them reasonably and fairly

17. FREEDOM OF ASSEMBLY UNPOPULAR ASSEMBLIES Always has a potential of violence Amendment made to protect these assemblies

18. FREEDOM OF PETITION Definition: a formal written document sent to the government to redress, or take care of, grievances Definition: a formal written document sent to the government to redress, or take care of, grievances EXAMPLE: www.StopFCC.com EXAMPLE: www.StopFCC.comwww.StopFCC.com