Unalienable Rights: Protecting Personal Freedom and Individual Liberties

1. Chapter 19 Unalienable Rights Founded on 2 overriding principles 1. Commitment to personal freedom 2. Rights of the individual against the government

2. Civil Liberties • protections against the government-things the government cannot do

3. Civil Rights • things the government must do-Constitution guarantees-no discrimination, Civil Rights Act of 1964

4. Bill of Rights-intended as restrictions on the National government not the States, but States cannot deny a person basic rights-14th amendment-due process clause

5. Rights are protected as long as they don’t infringe on the rights of others-there are no absolute freedoms

6. Freedom of Religion • Establishment Clause-no law establishing a religion • No official U.S. religion • No religion can be prevented • Free-Exercise Clause- no law interfering • with freedom to believe

7. separation of church & state • School prayer-no moment of silence “for meditation or silent prayer”, no prayer at graduation if led by staff.

8. Freedom of Expression • 1. guarantees each person a right to free expression -written -spoken -all other means of communication • 2. guarantees to all persons a full wide-ranging discussion of public affairs

9. some forms of free speech are not protected • libel- false/malicious use of printed words • slander- false/malicious use of spoken words • obscenity • false advertising • words to prompt others to commit a crime • shout “fire

10. seditious speech-urging of the overthrow of the government by force-not protected by the 1st amendment • Schenck v U.S.-clear & present danger rule

11. Miller v California 1973 • 3 part test to determine obscenity • 1. average person applying community standards finds that the work tends to incite lust • 2. work describes a form of sexual conduct that is dealt with in anti-obscenity laws and • 3. the work lacks serious literary, artistic, political or scientific value

12. Freedom of the Press • Prior Restraint • Definition: A government preventing material from being published. Censorship. • Permissible during wartime. • May be punished after something is published

13. Freedom of Assembly & Petition • Assemble-to gather & express their views-peaceably-not the right to incite others to violence or endanger life, property or public order • Redress of grievances-bring their views to the attention of public officials by • -letters • -petitions • -parades • -marches • -sit-ins

14. government can make & enforce reasonable rules for time, place & manner of assembly • rules must be “content neutral” - cannot regulate based on what might be said • can require advance notice & permits for demonstrations in public places

15. Freedom of Association • not set out in so many words • Boy Scouts v Dale 2000 • a State cannot force an organization to accept members where that action would contradict what the organization believes in.