Civil Liberties
First Amendment
Freedoms
Two Types of Protections
1.
Civil libertiesconstitutionally based
freedoms guaranteed to
individuals – Example – Bill
of Rights
Civil rights – Refer to
positive acts of government
protection against group
discrimination
2.
First Amendment
Freedom of Religion
Two
Guarantees
1. Establishment Clause
2. Free Exercise Clause
Establishment Clause
The
court has consistently
ruled that a separation
between church and state is
required
“Wall of Separation” –
Jefferson
Engel v. Vitale
Free Exercise Clause
The
gov’t cannot interfere
with an individual’s belief of
religion
Reynolds v. U.S (1879)
Wisconsin v. Yoder (1972)
Freedom of Speech & Press
Is It “Speech”?
 1.
Shout “fire’ in a crowded movie
theater?
 2. Debate the value of nuclear arms
with another citizen?
 3. Sing the national anthem in a
screeching manner at a National
League baseball game?
Wear political symbols to school,
such as a button that says “Down
with America”?
 5. Demonstrate peacefully in front
of the White House?
 6. Use sexually suggestive, but not
obscene, language in a campaign
speech for high school student
council?
 4.
 7.
Not participate in reciting the
“Pledge of Allegiance”?
 8. Damage another person’s
reputation by spreading false
rumors?
 9. Stage a march by the Ku Klux
Klan?
 10. Burn the American flag?
Types of Speech
Pure Speech – Spoken words
only
 2. Speech Plus- Spoken words &
some activity ex. demonstrating
 3. Symbolic Speech- most
controversial – it involves no
speech at all – Texas v. Johnson
 1.
Regulating Speech & Press
1. Sedition – Advocating or urging the
overthrow of the gov’t by force. “Clear and
Present Danger”
 2. Obscenity & obscene materials – “I know it
when I see it” – No enduring or
comprehensive definition



Miller v. California
3. Slander/libel – false statements that are
malicious and damage a person’s reputation
Commercial – advertisers not allowed
to make false claims
 5. Prior Restraint- gov’t prevents
material from being published
 6. Media – FCC regulates the content,
nature, and very existence of radio and
television broadcasting
 4.
 TV
& radio regulated more than
newspapers & magazines
Freedom of Assembly &
Petition
Freedom
to meet, protest,
march, picket, write letters of
protest, and the right to
associate with one another.
Limits on Assemblies
Gov’t
can make & enforce
reasonable rules covering
the time, place, and manner
of assemblies
Rights & Liberties Protected
1.
Dec. Of Independence
2. Constitution which
includes the Bill of Rights
#4 10-5-09 Journal
 Should
a sick child whose parents’
religion prohibits medical treatment be
allowed to die? Why?