Magruder’s American
Government
C H A P T E R 19
Civil Liberties: First Amendment Freedoms
Copyright, 2000 © Prentice Hall
C H A P T E R 19
Civil Liberties: First Amendment Freedoms
SECTION 1
The Unalienable Rights
SECTION 2
Freedom of Religion
SECTION 3
Freedom of Speech and Press
SECTION 4
Freedom of Expression and National Security
SECTION 5
Freedom of Assembly and Petition
Chapter 19
SECTION 1
The Unalienable Rights
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The Constitution, especially its Bill of Rights, guarantees many rights
and liberties which reflect the principle of limited government.
An individual’s rights can be exercised only to the extent that they do
not limit the rights of others; if there is conflict, one right must take
precedence.
The Bill of Rights restricts only the National Government. Each State
constitution also contains its own bill of rights.
The 14th Amendment “nationalizes” most of the protections of the Bill of
Rights.
Chapter 19, Section 1
SECTION 2
Freedom of Religion
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Freedom of expression is vital to democracy. One key component of
this freedom is the freedom of religion.
Although freedom of religion is guaranteed in part by the
Establishment Clause, the nature of the wall between church and
state has been the subject of many court decisions.
Freedom of religion is also guaranteed in part by the Free Exercise
Clause, which protects people’s right to believe—though not
necessarily to do—whatever they wish regarding religion.
Chapter 19, Section 2
First Amendment Cases – Religion
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Pierce v. Society of Sisters (1925) – unconstitutional to force parents to
send children to public schools. [due process, 14th amendment]
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Engel v. Vitale (1962) – no prayer in school
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March v. Chambers (1983) – legislative prayer okay
Equal Access Law (1984) – high school religious groups allowed.
Edwards v. Aguillard (1987) – schools don’t have to teach creationism if
they teach evolution
Lemon v. Kurtzman (1971) – test: 1) must be secular (not religious), 2)
primary effect doesn’t advance or inhibit religion, 3) avoid “excessive
entanglements.
SECTION 3
Freedom of Speech and Press
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The 1st and 14th amendments’ guarantee of free speech and free press
protect people’s right to speak and their right to be heard.
There are limits to these rights. No one has the right to slander or libel
another and obscene material is not protected.
Miller v. California (1973) – 1) appeals to prurient interests, 2) offensive, 3)
lacks value
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Symbolic and commercial speech also enjoy constitutional protection,
yet they can be limited under certain circumstances.
Confidentiality & News Reporters – can refuse to testify to protect sources,
shield laws
Radio & Television
Public Airwaves – right of the viewers and listeners, not broadcasters
FCC regulation – cannot censor content, but can prohibit use of language.
Licenses
Chapter 19, Section 3
SECTION 3
Freedom of Speech and Press
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Picketing
1st and 14th Amendment cover if peaceful
United States v. O’Brien (1968) – cannot call all behavior and actions “speech”
“Acts of dissent by protest” can be punished if 1) object of protest within
Constitutional powers of Government, 2) fair restriction, 3) end goal not to
squelch dissent
Tinker v. Des Moines School District (1969) – “It can hardly be argued that either
students or teachers shed their constitutional rights to freedom of speech or
expression at the schoolhouse gates”
Buckley v. Valeo (1976) – campaign contributions are “symbolic expression of
speech”
Texas v. Johnson (1989) – state violated protester’s rights when prosecuted him
for burning flag. Upheld in U.S. v. Eichman (1990)
Commercial speech can be prohibited if false or misleading or illegal
goods/services
SECTION 4
Freedom of Expression and National Security
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To protect itself from internal subversion, government can regulate some
expression in the interest of national security.
Espionage – spying for foreign power
Sabatoge – act of destruction to hinder nation’s war or defense effort
Treason – levying war against the nation or supporting enemy
Sedition – incitement of resistance to law
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The Supreme Court has held that government has a right to control
speech that creates “a clear and present danger” of violence or harm to
public order or national security.
Chapter 19, Section 4
SECTION 5
Freedom of Assembly and Petition
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The 1st Amendment guarantees the right to assemble peaceably and
to petition for redress of grievances.
Government can reasonably regulate the time, place, and manner of
such expression but regulations must be “content neutral.”
Public Property – upheld requirements to give advanced notice and
permits.
Freedom of assembly and petition includes a guarantee of
association.
NAACP member list
Chapter 19, Section 5