Civil Liberties
PARTICIPATION IN GOVERNMENT
JOHNSTOWN HIGH SCHOOL
MR. COX
Civil Liberties

Civil liberties are the personal rights and freedoms
that the federal government cannot abridge, either
by law, constitution, or judicial interpretation.


Explicitly granted by the Constitution/Amendments
These are limitations on the power of government to
restrain or dictate how individuals act.
The Incorporation Doctrine




The Bill of Rights was designed to limit the powers
of the national government.
In 1868, the Fourteenth Amendment was added
to the Constitution and its language suggested
that the protections of the Bill of Rights might also
be extended to prevent state infringement of
those rights.
The amendment begins: "No state shall....deprive
any person, of life, liberty, or property without due
process of law."
The Supreme Court did not interpret the 14th
Amendment that way until 1925 in Gitlow v. New
York.
Freedom of Religion
"Congress shall make no law.....prohibiting the
free exercise thereof (religion)" is designed to
prevent the government from interfering with
the practice of religion.
 This freedom is not absolute.
 Several religious practices have been ruled
unconstitutional including:

 snake

handling
 use of illegal drugs
 Polygamy
Nonetheless, the Court has made it clear that the
government must remain NEUTRAL toward religion.
The Right to Keep and
Bear Arms

The 2nd Amendment states that

"A well regulated militia, being necessary to the security of a free
state, the right of the people to keep and bear arms, shall not be
infringed."

This amendment has been hotly contested in recent years
particularly since the 1999 shootings at Columbine High School.

The Court has not incorporated this right, nor have they heard
many cases about it.
Freedom of Speech

In their attempt to draw the line separating
permissible from impermissible speech, judges have
had to balance freedom of expression against
competing values like

Public order

National security

and the right to a fair trial
“I do not agree with what you have to
say, but I'll defend to the death your
right to say it.”- Voltaire
Freedom of Speech Cont’d
Symbolic speech--symbols, signs, and other methods of expression.
The Supreme Court has upheld as constitutional a number of
actions including:

An example of protected symbolic speech would be the right of high
school students to wear armbands to protest the Vietnam War (Tinker
v. De Moines Independent Community School District, 1969).

flying a communist red flag

burning the American flag

Also known as freedom of expression…
Freedom of Speech Cont’d
When Can Free Speech Be Restricted?
1.
2.
Clear and Present Danger

Does the expression create an immediate and
obvious physical danger?

If so, it may be restricted regulated
Content / Viewpoint Neutrality

Does the rule restricting speech favor one
perspective or assault another?

If it shows favoritism or attacks one perspective,
then it is unconstitutional
Are any of these
actions/statements illegal…?

Denouncing another persons’ religion, gender,
ethnicity, race, etc.

Publicly protesting an abortion clinic (Planned
Parenthood)

Wearing offensive/revealing clothing

Listening to loud/obnoxious music that might
annoy another person

Writing a very opinionated blog post that strongly
offends a women’s rights group?

Racist/Supremacist Groups

Follow somebody home and post their address
and car license plate number online?
You Have the
Right to Be a Jerk
1.
Begin your presentation with your group’s initial analysis of the question:

2.
Research one case from the following freedom of expression issues:
a.
b.
c.
3.
National Security
Fighting Words
Obscenity
Finish with your presentation in PowerPoint:
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
5.
the absolute guarantee of Free Speech
Free speech, assembly, and right to petition for redress of grievance cases
Symbolic speech cases
Then research another case involving the following limits of free speech:
a.
b.
c.
4.
“Do you have the Constitutional right to be a jerk…” Define the term “jerk.”
Clearly define the details of the case
Addressing some of the challenges of Mr. Cox’s “the right to be a jerk” doctrine…
Due Dates:
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
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Find the cases you will focus upon (due Wed.)
Place your cases in a PowerPoint (Work on Weds and Thurs.)
Present before class (starting Monday)