Civil Liberties: First Amendment Freedoms Chapter 19 Section 1 The Unalienable Rights
“I disagree profoundly with what you say, but I would defend with my life your right to say it.”Voltaire
Vocabulary • Civil Liberties – protection against the government • Civil Rights – positive acts of the government • Alien – a person who is not a citizen of the country where they live
Vocabulary • Due Process Clause – no state can deprive a person of basic liberties • Process of incorporation – the 14th Amendment merged with the Bill of Rights
Major Court Cases • Some of the major court cases are known by name recognition • Miranda v. Arizona • Marbury v. Madison • But there are hundreds of other decisions which have resulted in additional rights for all of us
Goal of the Constitution • The framers outlined a formal government plan in the Constitution • Their goal was to guarantee personal freedoms • The power of the government is limited • Personal freedoms are also limited
Ratification of the Constitution • After the Constitution was sent to the states for ratification, several states would not approve it without a Bill of Rights • These rights were the first to ensure basic liberties.
Ratification of the Constitution • About 200 suggestions were given to James Madison. • After discussion, revisions, and consolidations, the Bill of Rights were written and approved.
Civil Liberties • The rights people have as human beings. • They include freedom of religion, speech, press and fair trials against government. • Remember that England tried to infringe on each of these during colonial times.
Civil Rights • The rights people have to further their individual growth • They include assistance by the government prohibiting bias based on race, sex, religious beliefs or national origin.
Limited Government • Our Constitution restricts the power of our government • Our government only has the powers that we, the citizens, give to it.
Individual Rights • Individuals have the right to do anything they want, as long as they do not infringe on the rights of others • People may not pollute, instigate a riot, or create a dangerous atmosphere
Your Rights • No one has complete freedom to do what ever they wish • You may not • Yell “fire” in a theater • Speed down a highway • Hit another person
Your Rights • Your rights end where another person’s rights begin. • You may not use obscene language in public or incite others to commit a crime
Schenck v. US, 1919 • Charles Schenck was charged with encouraging men to avoid enlistment during WWI. • The USSC found Schenck a “clear and present danger” under the Espionage Act
Sam Sheppard Trial • Sheppard was accused of killing his wife (like in The Fugitive) • The national newspapers covered the story • Sheppard received a new trial where he was found not guilty
Individual Rights • The USSC has used the 14th Amendment to ensure the rights of individuals • It has stated that no state can deprive freedoms from an individual
14th Amendment • The Due Process Amendment, makes sure that everyone is treated fairly under the law • Not everyone agrees with the decisions that afford these protections.
Individual Rights • ApolloMedia Corporation v. United States 1999 • The USSC upheld a federal law that makes it illegal for anyone to send obscene and intentionally annoying e-mail via the internet
Should people be allowed to… • Have a parade for Nazis? • Promote Communism? • Suspend students without a hearing? • Deny interracial dating and marriage to students in college?
9th Amendment • Americans have additional rights other than those provided for in the Bill of Rights. • The 9th amendment gives people more rights than those written. • Ex. – right to marry who you choose, career choices, etc.
Civil Liberties: First Amendment Freedoms Chapter 19 Section 2 Freedom of Religion
Vocabulary • Establishment Clause – the government is not permitted to establish a religion • Parochial – church-related • Free Exercise Clause – the guarantee that everyone can believe as they choose
Separation of Church and State • One of the frequently argued aspects of the Constitution • Should cities display a cross, menorah, or nativity scene? • Should kids pray in school? • Should tax dollars be given to private, parochial schools?
Separation of Church and State • Should “under God” be part of the pledge or on our money? • Should church property be tax exempt? • Should the 10 Commandments be displayed in courthouses?
Establishment Clause • The government is prohibited from • Establishing a religion • Interfering with religion
Separation of Church and State • The government does not avoid religion – • They swear oaths • They pray at meetings • The Pledge and currency use the word God
Separation of Church and State • The courts have been asked to hear cases regarding religion • Pierce v. Society of Sisters, 1925 – gives parents/students the choice to attend parochial schools rather than mandatory public school.
Separation of Church and State • Everson v. Bd of Education, 1947 decided that it was permissible for taxpayers to support bus transportation to parochial schools. (based on safety for children)
Can students be released for religious instruction during school time? • McCollum v. Bd of Education, 1948 – religious instruction may not be heldin a schoolfacility • Zorach v. Clauson, 1952 – allowed release time for religious instruction
What about Prayers in school • Through the 1960s and 1970s, it was common to hear Christian prayers being recited in schools and see religious symbols frequently displayed.
What about Prayers in school • The USSC has consistently ruled against any visible forms of religion in school. • This now includes moments of silence and student led prayers at sporting events.
What about religious classes? • Almost any organization which has a sponsor may use school facilities to hold meetings, religious groups may as well • Churches may rent facilities during non-school times.
Evolution or Creationism? • Should schools teach the theory of evolution, that God created earth or both? • Epperson v. AR, 1968 – USSC struck down a law outlawing teaching the scientific theory of evolution.
Aid for Parochial Schools? • Should private schools get tax dollars for books, tests, equipment and supplies? • Yes, students must have them. Tax dollars cannot pay for teacher salaries
Lemon v. Kurtzman – Lemon Law • 1. Aid must be clearly secular, not religious • 2. Aid must not advance or inhibit religion • 3. Aid must avoid ‘excessive entanglements’ between government and religion
Manger or Menorah? • Nativity scenes may not be displayed on public land • Menorahs may because of the limited number of symbols representing Chanukah
Prayers at State Meetings? • Can a chaplain begin a government meeting with a prayer? • Yes, they volunteer and adults are not easily indoctrinated.
Can I have 2 Wives? • The Mormons challenged Utah law over their practice of polygamy. • They lost.
Other Decisions • Schools can require vaccination of students • States can prohibit the use of poisonous snakes in rituals • Businesses can disregard ‘Blue Laws’ and open on Sunday
Other Decisions • States cannot discriminate on marchers but can require parade permits. • The Air Force can deny an Orthodox Jew from wearing a yarmulke on duty
Other Decisions • Businesses can deny employment based on prior drug use. • The military can draft people who have religious objections
Other Decisions • Wisconsin v. Yoder, 1972 – Amish children do not have to attend school after 8th grade • McDaniel v. Paty, 1978 – unemployment benefits not available to someone who quits over religious beliefs
Other Decisions • Lukumi Babalu Aye v. City of Hialeah, FL, 1993 – outlawed animal sacrifices as part of church services.
Other Decisions • Minersville School District v. Gobitis, 1940 – students are required to recite the Pledge. • WV Bd. Of Education v. Barnette, 1943 – compulsory flag salute is unconstitutional
Freedom ofSpeech and Press Chapter 19 Section 3
Vocabulary • Libel – false and malicious use of the printed word • Slander – false and malicious use of the oral word • Sedition– an attempt to overthrow the government by violent acts • Seditious Speech – advocating/urging sedition behavior
Vocabulary • Prior restraint – the courts cannot restrain speech BEFORE it occurs • Shield law – laws that give reporters some protection against revealing the sources of their information • Symbolic speech – transfer of ideas through some means besides speech • Picketing – walking in front of a business to encourage others not to work or patronize the establishment
Can you say anything? • No, words can be dangerous so people do not have complete freedom to say anything they like • They cannot yell “fire” in a theater or joke that they have a bomb in their luggage at the airport • Freedom of speech ends where other people’s rights begin
14th Amendment • People are guaranteed the right to free expression, written, spoken and any other means • People are guaranteed the right to a full, wide-ranging discussion of public affairs • You have the right to have their say and hear other people