Chapter 19: CIVIL LIBERTIES

Thomas Road Baptist Church practices its right

to be free from government intervention.

Several things to remember

1. Civil Liberties: Protections against government taking freedoms. 1st amendment rights.

2. Civil rights: Positive acts of government protecting groups of people from losing rights. (handicapped)

3. Rights are relative, not absolute: You can not infringe on rights of others. First amendment rights are limited.

a. no obscene words

b. can’t lie about something

The 14th Amendment

1. Equal Protection Clause: No state shall pass any law that deprives any person of life, liberty or property without due process of law.

2. Incorporation Clause: State must include most of the Bill of Rights because of the above equal protection clause. The 2nd amendment can be limited by state laws.

9th AmendmentRead it on page 550 (536).

Is there a complete catalog anywhere of all the rights we may have?

FREEDOM OF RELIGIONChapter 19, sec 2

A. Ist Amendment covers two areas

1. Expression: (speech, press, assembly

petition

2. Religion: establishment,

free practice of

religion

B. Establishment clause

1. T. Jefferson used “wall of separation” in a letter. He said the wall is not infinitely high nor is it impenetrable.

2. Examples:

a. Pierce v. Society of Sisters, 1925: a

compulsory school attendance law

unconstitutional. (interfered with

parents upbringing)

b. Everson v. Board of Education, 1947

1. School Bus case: state law constitutional that provided for tax-supported busing of all students to any school including parochial schools.

2. It treats all children the same.

c. Engle v. Vitale, 1962: The following was read in New York schools daily – “Almighty God. We acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, and our country”. This favored one religion over others so unconstitutional.

d. Epperson v. Arkansas, 1968: Supreme Court struck down state law that forbade the teaching of evolution.

The Constitution “forbids alike the preference of a religious doctrine or the prohibition of theory which is deemed antagonistic to a particular dogma. .The state has no legitimate interest in protecting any or all religions from views distasteful to them.

e. Lemon v. Kurtzman: Gave us a three-pronged standard to keep gov’t our of religion

1)Aid must be secular, not religious.

2)Aid must neither advance nor inhibit religion.

3)Aid must void an “excessive entanglement of gov’t with religion.

f. County of Allegheny v. ACLU, 1989: A county’s seasonal display that endorces only Christian doctrine violates establishment clause. Is it represents all religions, that is constitutional.

C. Free Exercise Clause1. Guarantees the right

to believe whatever one chooses in matters of religion.

2. Examples:

a. Reynolds v. U.S., 1879 – court said polygamy not allowed because of federal law that outlawed it in territories. Supremacy of Const. over religions.

b. West Va. Board of Educ.v. Barnette,1943

Cannot have a compulsory flag-salute because what good is forced patriotism?

Freedom of Speech and Press Chapter 19 section 3

A. Guarantees of free press and speech serve two purposes

1. a full range discussion of ideas and public affairs.

2. each person has a right to freely express themselves .

B. Limits on free expression

1. National Security

a. “Utterances can be punished after made. It would be censorship if before

b. NYT v. U.S. – Pentagon Papers

2. Clear-and-present danger test: If words create an immediate threat then speech can be stopped. ( Yelling fire in a theatre)

a. Examples: Schenck vs. U.S.

Facts:

b. Brandenberg vs. U.S.

3. Obsenity: What is considered obscene?

Miller vs. California

a. Does it go against community standards?

b. Does it have any literary, artistic, scientific, educational or political value?

c. Does it appeal to purely prurient interests?

4. No prior restraints

a. Definition: stopping the press before a damaging article comes out.

b. New York Times vs. U.S. (1971) Nixon tried to stop saying it would hurt national security.

4. Some symbolic speech

a. Definition: Making a

political statement

through signs or

symbols.

b. Examples: burning a

flag. You cannot do

something that is

illegal

Freedom of Assembly and PetitionSection 4 p. 569 (555)

A. Right to PEACEABLY assemble –

You cannot incite, block public streets, close a school, endanger life, property, or public order. Gov’t cannot regulate content but can regulate:

1. Time: example

2. Place: example

3. Manner: example

B. Right to assemble also means right to associate with whom you wish. P. 572 (558)

ex: Boy Scouts of America vs. Dale, 2000

1. Facts:

2. Court’s Decision:

C. Right to petition

1. Definition: freedom to stand up and

complain about government injustices.

2. Examples: Slavery petition, message

on Starbucks coffee: “Race

together”, and mandatory vaccinations.

THE TEST!

1. Section 1: a. Civil rights/ civil liberties definitions b. Incorporation clause c. 9th Amendment2. Section 2: Freedom of Religion a. Two subject areas of 1st amendment b. Two subject areas of Religious freedom

with case examples c. Lemon test

3. Section 3: Freedom of Speech and Press

a. Fundamental purposes of freedoms

b. Court cases: Schenck, Miller v. Calif.

obscenity test

c. Prior restraint: NYT v. U.S.

d. Symbolic speech: Tinker vs. U.S.

Texas vs. Johnson

4. Section 4: Freedom of assesmbly

a. Time, place, manner not content

Workbook highlights

1.Prior restraints are seldomly upheld by the Supreme Court

2.Right to regulate assemblies comes from

gov’ts need to protect the public

Section 4: Demonstrations on private property are not protected