Liberty and Justice
for All
What are Civil Rights?
 http://www.youtube.com/watch?v=gdTpU5WZH
HM
 What does this speech mean to you?
Issues in the News
 Page 355: How does this issue compare to Dr.
King’s Speech?
 They both deal with Human Rights or
Fundamental Freedoms which lie at the heart of
the American Political System
What are some of these
rights?
 To speak freely?
 To read and write what they choose?
 To worship as they wish?
Quick Review
 We know that the Constitution guarantees these
rights.
 We also knows that it protects these rights.
 But who protects these rights?
 “Liberty lies in the heart of men and women;
when it dies there, no constitution, no law, no
court can save it; no constitution, no law, no
court can even do much to help it.”
 What does this quote mean to you?
We are Responsible
 As Citizens we share a common faith in the
power we have to steer our government.
 If we do not carry out our responsibilities then the
whole society suffers.
The Bill of Rights
 As we know is our greatest protector of our Civil
Rights and Liberties
 “Congress shall make no law”
 Did it apply to the states?
Not at first?
Barron Vs. Baltimore 1833
 “The first ten amendments
contain no expression
indicating an intention to
apply them to the state
government.”
John Marshall
The 14th Amendment
 Paved the way for a major expansion of
Individual rights
 It defined Citizenship: A person born or
naturalized in the United States is a citizen of the
nation and the state of residence
 However, it also made individual rights: national
rights: Page 356 (Open your Books)
Incorporation
 Definition: The process by which the Bill of Rights
was extended to the states and localities
 Why is it important?
The Answer
 If it was not incorporated states could possibly
deny certain rights to certain citizens of that
state.
 Example: The Poll Tax
 As a result of incorporation the Bill of Rights has
become the final safeguard when personal rights
are affected
This does create controversy
 http://www.glencoe.com/video_library/index_wi
th_mods.php?PROGRAM=9780078747625&VIDEO
=2239&CHAPTER=13&MODE=2
Freedom Of Religion
 What does this issue in the news tell you?
 No matter how you feel you cannot deny that
religion plays or has played a significant part of
American Life
 Over 90% of Americans identify with a religion
 And Religious Freedom is guaranteed in the 1st
Amendment
So why can’t we pray here
today?
 In order to understand that we have to
understand the two clauses of the 1st
Amendment
 The Establishment Clause
 “States that Congress shall make no law respecting
an establishment of religion.”
 The Free Exercise Clause
 “Prohibits government from unduly interfering with
the free exercise of religion.”
The Establishment Clause
 http://www.firstamendmentcenter.org/rel_liberty
/publiclife/overview.aspx
 Page 358
 “Wall of Separation”
Religion is Everywhere
 Government Officials take their oaths of office in
the name of God.
 Since 1864 most of the nation’s coins carry the
motto “In God we Trust”
 Pledge of Allegiance: “one nation under God”
 Public meetings including daily sessions of
congress open with a prayer
 Does Government encourage religion?
 Chaplains serve with the army.
 Church property and contributions to religious
groups are taxed exempt
 You can see how this leads to controversy
 And who is supposed to solve this controversy?
The Supreme Court
 First Establishment Clause case did not come
about until 1947 when it decided
 Everson vs. Board of Education
 State Aid to Parochial Schools, should the federal
government give aid to these schools?
 359-360: Read Carefully, What is the Lemon Test? 3
parts
The Free Exercise Clause
 Religious Practice may be limited
 For example in Reynolds v. United States: George Reynolds,
Polygamy case
 Oregon vs. Smith: Worker was denied unemployment benefits
since he was fired for using drugs as part of a religious
ceremony
 Wisconsin vs. Yoder: Court upheld religious practices by
saying Amish parents did not have to send their children to
school past 8th grade, since it violated Amish religious beliefs
Religious Expression and the
Flag
 Should you have to salute the flag?
 In 1936 William Gobitis was expelled from school
for not saluting the flag- It was against his religious
beliefs, so should he have to salute the flag
 Court said the school was correct- Saluting the
flag did not infringe on religious freedom
 Page 364
Websites to Use:
 www.oyez.org
 http://www.firstamendmentcenter.org/rel_liberty/p
ubliclife/overview.aspx
 http://www.law.cornell.edu/supct/
 http://www.digitalhistory.uh.edu/supreme_court/su
preme_court.cfm
Freedom of Speech
 Open your books and carefully read on page
366 The Issue in The News and The First Paragraph
before Types of Speech
 What do you think?
 Should the First Amendment protect the expression
of unpopular ideas?
Let’s define the word
“Speech”:
 How many of you would agree with the following:
 Giving a Speech that to the student body at a student
assembly .
 What about wearing black armbands to protest a war?
 Or protesting a law at the Capitol
 Are these all speech?
Two Categories
 1. Pure Speech: The Verbal Expression of thought
and opinion before an audience that has
chosen to listen
 This type of speech has traditionally been
powerfully protected by the Supreme Court
 2. Symbolic Speech: Sometimes called expressive
conduct-involves the use of actions and symbols
in addition to or instead of words to express
opinions
How does the Court Decide
these symbolic test cases?
 They have developed a three part test; which
they established in United States v. O’Brien
1. Falls within the Constitutional Power of
Government
2. Narrowly Drawn: So government cannot use it
further regulate speech
3. Leaves other Communication Outlets
Are there other restraints?
 Yes, and there have to be: For example seditious
speech: Which is speech urging resistance to
lawful authority or advocating the overthrow of
government
 But the challenge for the court is when to end
these restraints
Clear and Present Danger
1919
 Page 368
 When speech in question clearly presents an
immediate danger, the First Amendment does
not protect it
The Bad Tendency Doctrine
1925
 Speech could be restricted even if it had only a
tendency to lead to illegal action.
 This is not often used
 But some Americans think that societies need for
order justifies any damage to basic freedoms
The Preferred Position
Doctrine
 First Amendment comes first, above all others
 Any law limiting these freedoms should be found
unconstitutional unless it is absolutely necessary.
 Sedition Laws: 369
Defamatory speech
 This kind of speech is not protected: This is speech
that is either untrue or hurtful:
 Slander: Spoken
 Libel: Written
 However, public officials are held to a different
standard
 Hustler Magazine vs. Farewell: sets up the
standard that celebrities and politicians cannot
sue for Defamatory speech
Fighting Words
 Some words are so offensive that they are
deemed as unprotected speech
 Chaplinsky v. New Hampshire (1942): Some words
incite fighting, which is a breech of the peace
and therefore are not protected.
Right to Assemble
 “the right to peacefully assemble, and to petition
the Government for a redress of grievances”
 Without this Freedom, no political parties and no
special interest groups could exist to influence
the actions of government
 Dejonge v. Oregon 1937
DeJonge Vs. Oregon
 Established two legal principles
 1. Assembly is as important as the rights of free
speech and free press
 2. Due Process Clause Applies to Freedom of
Assembly
Are there limits on
demonstrations?
 Yes, if there is any potential of violence- example
KKK parade then perhaps the Court would rule in
favor of a state not allowing the parade
 http://www.youtube.com/watch?v=fYh8MOnAg
v8
 To ensure public order and safety, many states
require permits- so streets will not be blockedCox. V. New Hampshire
Other Limits on Public
Assembly
 Pg. 377
 Adderly v. Florida=
 Cox v. Louisiana=
 Grayned v. City of Rockford=
 Freedom of Assembly does not apply to Private
Property
Assembly and Disorder
 This is when this Principle gets difficult
 The Big Three
 Stokie Case
 Feiner vs. New York
 Gregory vs. City of Chicago
Are you allowed to Picket?
 Not until 1940 in Thornhill vs. Alabama did the
Supreme Court Rule that peaceful Picketing was
a form of Free Speech
 But since this case the court has begun to limit
picketing
Freedom of Association
 Can you join an organization that the
government considers to be subversive?
 In DeJonge v. Oregon (1937) the Supreme Court
extended the right to freely assemble
 Whitney Vs. California (1927)
 Dennis Vs. United States (1951)