1. Interpreting the Constitution Civil Rights & Civil Liberties US Government. US Government. US Government. US Government.

2. Civil Liberties Know Your Rights! the freedoms we have to think and act without government interference or fear of unfair treatment

3. Civil Liberties First Amendment 45 words Speech Religion Press Assembly Petition the government Only 17% of Americans can name all 5

4. 1 st Amendment Freedom of Speech Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

5. 1 st Amendment Freedom of Speech Protects… Written words Spoken words Expressive conduct (actions that do not involve written or spoken words but do contain a message)

6. 1 st Amendment Freedom of Speech Protected vs. Unprotected Speech Schenck v. US (1919) to Brandenburg v. Ohio (1969) 1940s court: judges have a special duty to protect freedoms Texas v. Johnson, 491 U.S. 397 (1989)…. invalidated prohibitions on desecrating of the American flag

7. 1 st Amendment Freedom of Speech All speech is protected unless it falls into one of four categories: Libel Obscenity Fighting Words Commercial Speech

8. 1 st Amendment Freedom of Speech Libel Published defamation or false statements— can be prosecuted by government or individuals Seditious Libel: defaming criticizing or advocating the overthrow of gov’t Comes from Sedition Act of 1798 Modern example: New York Times v. Sullivan (1964)

9. 1 st Amendment Freedom of Speech Obscenity Evolving definition Latest definition determined by Miller v. US (1973); must meet all three: Average person/community deems it to promote sex mostly Portrays patently offensive sexual conduct Work lacks serious literary, artistic, political or scientific value

10. 1 st Amendment Freedom of Speech Fighting Words: Abusive, Offensive, Insulting, Angering—words that will start, quite literally, a fight

11. 1 st Amendment Freedom of Speech Commercial Speech used to be unprotected because wasn’t as valuable as political speech, recently however, more protection—false or misleading advertising, or advertising something illegal = unprotected

12. 1 st Amendment Freedom of Speech Other violations: (Area 51 example – all) Copyright Clear & Present Danger Disruptive to school activities Incitement to commit crimes

13. 1 st Amendment Freedom of Religion Establishment Clause: Forbids state sponsored religion Government financial support Prohibits Gov’t involvement in religious matters Can Accommodate Religious Needs

14. 1 st Amendment Freedom of Religion Lemon Test Established in Lemon v. Kurtzman (1971) Laws must… have secular purpose neither advance or inhibit religion Avoid excessive government “entanglement”

15. 1 st Amendment Freedom of Religion Endorsement Test Sandra Day O’Connor’s test Lynch v. Donnelly (1984) a gov’t action is invalid if it creates a perception in the mind of a reasonable observer that the gov’t is either endorsing or disapproving of religion.

16. 1 st Amendment Freedom of Religion Free Exercise Clause No government has authority to compel a citizen to accept any creed, or to deny a citizen any right due to religious beliefs

17. 1 st Amendment Freedom of Religion The Sherbert Test government must demonstrate a compelling government interest before denying unemployment compensation to someone who was fired because her job conflicted with her religion Sherbert v. Verner (1963) Later, limited to federal laws only

18. 1 st Amendment Freedom of Religion Student rights You are free to pray alone or in groups as long as your activity is not disruptive and does not infringe upon the rights of others As long as it is not disruptive or disrespectful, or does not pressure others, you ca exercise your faith Schools cannot exercise religious activities, including making students pray

19. 1 st Amendment Freedom of the Press We have the right access, that is the right to go where we need to get information. (schools, markets, child care centers, mental health institutions, etc.)

20. 1 st Amendment Freedom of the Press Often called the “fourth branch of government” Checks the other branches Cannot have democracy without it

21. 1 st Amendment Freedom of the Press The press has the right to be at all public trials. Sunshine Laws: government agencies must open meetings to the public and press.

22. 1 st Amendment Freedom to Assemble Protects our right to gather in groups for any reason, so long as the assemblies are peaceful. Gov’t can make rules about when and where (Occupy Wall St), but cannot ban them.

24. 1 st Amendment Freedom to Petition the Government The right to express one’s idea to the government Petition = formal document “In a free country we punish men for crimes they commit, but never for opinions they have.” (Harry Truman, 1950) https://petitions.whitehouse.gov/petitionshttps://petitions.whitehouse.gov/petitions (go to!)