Unit 2 Lecture Notes – Civil rights and Civil liberties
First amendment states that you have the right to assemble peacefully, speech, press, and petition
Civil rights are freedom from . . .
Civil liberties are freedom to . . .
Civil Liberties:
First Amendment Freedoms
The Unalienable Rights
A Commitment to Freedom
Bill of Rights – the first 10 amendments of Constitution
Civil Liberties – the guarantees of the safety of person, opinions, and property from the arbitrary acts of
government, including freedom of speech and freedom of religion.
Civil Rights – a term used for those positive acts of government that seek to make constitutional
guarantees a reality for all people.
Limited Government
Difference between democratic government and dictatorship governments?
Dictatorship – government power is unlimited, usually by one person.
Democratic – U.S. power and authority is strictly limited; power to the people.
Rights are Relative, Not Absolute
Each person’s rights are relative to the rights of every other person
Morse v. Frederick (2007); Known as the “Bong Hits for Jesus” case; student was sent home for
wearing an inappropriate t-shirt. Came to school the next day with a sign reading, “Bong hits for
Jesus.” Supreme Court granted his right of speech was relative.
Sheppard v. Maxwell (1966): about freedom of the press vs. freedom for the right of a trial. A
doctor was convicted of murdering his wife, and appealed it to the Supreme Court for the right
to a fair trial. Supreme Court ruled that he did not get a fair trial because it was so
sensationalized by the press. He was retried but still found guilty.
Whom are the rights guaranteed?
Everyone is granted these rights.
Aliens – foreign-born resident or noncitizen
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Four things you cannot do unless you are a citizen:
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Passport
Voting
Cannot hold or run for a public office
Cannot work for the federal government
Executive Order 9066 – internment of Japanese-American citizens; in 1988, the Supreme Court
overturned this order and said that it was unconstitutional; paid $20,000 for each person involved.
Federalism and Individual Rights – the Modifying Effect of the 14th Amendment
Due process clause – part of this amendment that guarantees that no state can deny basic rights to its
people.
Process of Incorporation – the process of incorporating, or including, most of the guarantees in the Bill
of Rights into the 14th Amendment due process clause.
Gitlow v.New York, 1925 – prior to WWII. Made speeches about communism, people should get
guns and overthrow the government. Convicted of criminal anarchy, passing out pamphlets,
and giving speeches.
The Ninth Amendment: states that there are so many rights out there that they cannot list them all, so
a person has more rights than can be listed.
Some examples:
Abortion
Section 2 – Freedom of Religion
Freedom of Expression
The 1st and 14th amendment set out two guarantees of religious freedom
These guarantees prohibit establish of religion (establishment clause) and
Any arbitrary reference by government in “the free exercise” of religion (the free exercise clause)
Establishment clause – separates church and state
Separation of Church and State
Pierce v. Society of Sisters 1925 – Oregon made a law that you must attend a public school not a
parochial school; Supreme Court struck down the law and made it unconstitutional; state could not pass
a law forcing a student
Parochial – church related
Everson v. Board of Education 1947 (the New Jersey School Bus case) – this was considered
constitutional since it was transportation, not religious
Released Time, Prayers, and the Bible
McCollum V. Board of Education, 1948 – the court struck down this case because students were leaving
instructional time to attend these classes.
Pg 539: review
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Student Religious Groups
The Equal Access Act of 1984 – declares that any public high school that receives federal funds must
allow students religious groups to meet in the school on the same terms that it sets for other students
organizations.
Evolution
Epperson v. Arkansas 1968 – able to teach evolution in public schools; must teach creationism and
evolution together
Aid to Parochial Schools
The Lemon Test
Standard Lemon Test
The [urpose of the aid must be clearly secular; not religious
Its primary effect must neither advance nor inhibit religion
It must avoid an excessive ----------Lynch v. Donnelly, 1984
County of Alleghney
Stone v. Graham – 10 commandments
Free Exercise Clause – the second part of the constitutional guarantee of religious freedom, which
guarantees to each person the right to believe whatever he or she chooses to believe in matters of
religion.
The free exercise clause does not give anyone the right to violate criminal laws, offend public morals or
otherwise threaten the safely of the community.
Limits on Free Exercise
Section 3: Freedom of Speech and Expression
Free Expression
 To guarantee to each person a right of free expression, in the spoken and the written word, and by
all other means of communication.
 To guarantee to all person a full, wide ranging discussion of public affairs.
Libel is the false and malicious use of printed words.
Slander is the false and malicious use of spoken words.
Seditious Speech
Sedition is the crime of attempting to overthrow the government by force or to disrupt its lawful
activities by violent acts.
Seditious Speech is the advocating or urging, of an attempt to overthrow the government by force or to
disrupt its lawful activities with violence.
Alien and Sedition Acts, 1789 (John Adams)- ability to deport any alien or arrest anyone who said any
malicious or false statements against the government; unconstitutional. Thomas Jefferson overthrew
these acts.
The Sedition Act of 1917 – WWI and Russian Revolution – print, write or publish articles against
government, interfere with the draft, etc. – expired, then came. . .
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The Smith Act of 1940 – passed one year before we entered WWII – still in effect today – crime to
advocate violent overthrow the government, speak out or distribute literature against the government,
or knowingly belong to a group planning to overthrow the government, etc.
Prior Restraint – the government cannot curb ideas before they are expressed. Cannot stop a speech
until it has been given.
Obscenity – 1st and 14th amendments protect obscenity.
Community standards must be violated; it must have no literary or artistic value.
The quality or state of being obscene: obscene words or actions, an offensive word.
First obscenity laws were passed in 1872.
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