C H A P T E R 19
Civil Liberties: First Amendment Freedoms
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 Assembly and Petition
SECTION 1
The Unalienable Rights
•How did Americans’ commitment to freedom
lead to the creation of the Bill of Rights?
•What is limited government?
•How does federalism affect individual rights?
•How did the 14th and 9th amendments
further guarantee individual rights?
A Commitment to Freedom
•The listing of the general rights of the people can be found in
the first ten amendments in the Constitution, also known as
the Bill of Rights.
•The 13th (outlawed slavery) and 14th (equal protection of the
laws, made Bill of Rights applicable to the States)
amendments have also added to the Constitution’s
guarantees of personal freedom (19th gave women the right to
vote).
Limited Government
•Constitution limits gov’t power. Gov’t can do only what
people give it the right to do.
•Constitution also limits citizen rights, people can do what
they want, but cannot harm others.
•Some people’s rights conflict, such as the freedom of the
press and the right to a fair trial (then court has to decide).
•Most, but not all rights are given to aliens = foreign-born
residents or (e.g., their right to travel is often restricted).
Federalism and Individual Rights
The Bill of Rights only applies to the National Government, not the
States. However, States cannot deny basic rights due in part to their
own bill of rights in the State Constitutions, and the 14th Amendments
Due Process Clause.
•The Modifying Effect of the 14th Amendment
•The 14th Amendment’s Due Process Clause provides that “no
State shall deprive any person of life, liberty or property,
without due process of law…”.
•However, to include rights under that heading, the Supreme Court
had to define the rights on a case by case basis, called the
process of incorporation (e.g., States have to allow for freedom of
speech in 1st Amendment - Gitlow v New York 1925).
*** Table on p. 536 shows provisions of the Bill of Rights incorporated into
the 14th Amendment’s Due Process Clause as well as the Provisions NOT
incorporated.
The 9th Amendment
“The enumeration in the Constitution, of certain rights, shall
not be construed to deny or disparage others retained by the
people.”
•The Ninth Amendment states that the American people
possess rights that are not spelled out in the Constitution.
Over the years, the S.C. has used the 9th Amendment many
times: (ex: a person cannot be tried with evidence unlawfully gained, and
right of women to have an abortion).
Section 1 Review
1.
The 14th Amendment includes the
(a) Declaration of Independence.
(b) Due Process Clause.
(c) Only the first amendment.
(d) all of the above.
SECTION 2
Freedom of Religion
•Why can’t a free society exist without free
expression?
•What is the “wall of separation between
church and state”?
•How has the Supreme Court ruled on
Establishment Clause cases?
•How has the Supreme Court interpreted and
limited the Free Exercise Clause?
* 1st Amendment
“Congress can make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof…”
- 1st Amendment
Freedom of Expression
Two guarantees of religious freedom
from 1st and 14th Amendments:
Establishment Clause:
Free Exercise Clause:
•Prohibits establishing a state
•Guards against the gov’t
religion.
interfering in the exercise of any
religion.
•In effect, freedom from religion
•In effect, freedom for religion.
The 14th Amendment’s Due Process
Clause protects these freedoms from the
acts of the States.
Many colonists came to
this nation to escape
religious persecution
Establishment Clause Separates Church
and State
“Thomas Jefferson called the Establishment Clause
“a wall of separation between church and state.”
Church and gov’t
are constitutionally
separated from
one another.
List of
Establishment
Clause court cases
on p. 539 and 542
However, the gov’t
supports churches and
religion in a variety of
ways, including tax
exemptions.
Religion and Education
•The Supreme Court has had to consider many
Establishment Clause cases that involve religion and
education.
The school cannot sponsor religious exercises.
. Does NOT have to teach creation science.
The Lemon Test
The Lemon Test is based on Lemon v.
Kurtzman, 1971.
•The purpose of the aid to
parochial schools must be
nonreligious (costs to administer
standardized tests, busing). NOT
to pay teachers,
•Cannot pay for any part of
teacher’s salaries.
Other Establishment Clause Cases
Seasonal Displays
Chaplains
•Courts have ruled that public
•The Supreme Court ruled in
displays (10 Commandments)
are allowed only if part of multi
religious display – McCreary
County v ACLU of Kentucky –
Marsh v. Chamber, 1983 that
it was okay for chaplains to
open sessions of Congress
and State legislatures – due
to tradition
ruled that Kentucky county courthouses
were endorsing religion..
The Free Exercise Clause
Limits
Free Exercise Upheld
•Actions that violate social duties or •The Court has found many
disrupt social order are not covered
under the Free Exercise Clause.
government actions to be counter to
the Free Exercise Clause.
Examples:
Examples:
Bigamy – marrying two people
Amish children cannot be forced to
go to school after grade 8 –
Reynolds v U.S. 1879.
Using poisonous snakes during
religious ceremonies – Bunn v
North Carolina, 1949
Wisconsin v Yoder, 1972
Ministers are allowed to hold
elective office – McDaniel v Paty
1978
Unemployment benefits cannot be
denied to someone who quit their
job because of religious beliefs –
Sherbert v Verner 1963
Section 2 Review
1. The Establishment Clause and the Free Exercise Clause protect
(a) freedom of petition.
(b) freedom of assembly.
(c) freedom of religion.
(d) all of the above.
2. The Lemon Test evaluates
(a) if a car has manufacturer’s defects.
(b) what aid is appropriate to give parochial schools.
(c) when it is appropriate to salute the flag.
(d) all of the above.
SECTION 3
Freedom of Speech and Press
•How important is the two-way free exchange of
ideas?
•How has the Supreme Court limited seditious
speech and obscenity?
•What are the issues of prior restraint and press
confidentiality?
•What limits have the Court placed on the
media?
•What are symbolic speech and commercial
speech?
The Free Exchange of Ideas
•Freedom of Speech and
•Freedom of Speech and
Freedom of Press
guarantees are meant to:
Press do not protect:
•Protect each person’s right of
•Libel, the false and malicious
use of written words
free expression, whether
spoken, written, etc.
•Slander, the false and
•Protect all persons’ right to
•Obscenity gross or offensive
express unpopular views.
malicious use spoken words
(swearing at children in public)
•Seditious speech incites
others to commit crimes (inciting
violent overthrow of the gov’t)
Seditious Speech and Clear and Present
Danger
•Congress has enacted laws to prevent sedition and seditious speech:
The Sedition Act of 1917—made it a crime to encourage disloyalty or
spread anti-government ideas during a time of crisis. Upheld by the Supreme
Court in instances of “clear and present danger.” (saying things that will
create danger to society, such as during wartime like interfering with the
draft, espionage.).
• Schenck v United States, 1919 = Charles Schenck, a Socialist Party member, sent
letters to 15,000 men who had been drafted, urging them to resist the call to
military service.
• He was found guilty of obstructing the war effort.
• The Supreme Court upheld the ruling, establishing the “clear and present danger”
rule.
• Justice Holmes wrote “Words can be weapons…. The questions is whether the
words…. Create a clear and present danger…”
Symbolic Speech
•Symbolic speech is
•Supreme Court rulings show
expression by conduct (shrug of
symbolic speech covers only
so much. It does not cover
destroying draft cards (United
States v. O’Brien, 1968) but it
does allow for flag burning
(Texas v. Johnson, 1989, and
United States v. Eichman,
1990).
shoulders, carrying a sign, or wearing
an armband).
•Picketing, the patrolling of a
business site by workers on
strike, is a prevalent form of
symbolic speech. Okay unless
inciting illegal activity.
Commercial Speech
Commercial Speech is speech for business purposes,
usually advertising.
•The 1st and 14th Amendments protect advertising, but
not false or misleading advertising.
Section 3 Review
1. Sedition means
(a) the practice of espionage.
(b) exercising treasonous practices.
(c) attempting to overthrow the government by force.
(d) blatant industrial espionage.
SECTION 4
Freedom of Assembly and Petition
•How does the Constitution guarantee the freedoms
of assembly and petition?
•How can the government limit the time, place, and
manner of assembly?
•How do public and private property affect freedomof-assembly issues?
•How has the Supreme Court interpreted freedom of
association?
The Constitution’s Guarantees
“…the right of the people peaceably to assemble,
and to petition the Government for a redress of
grievances.” – 1st Amendment
•The right to assemble, or gather with one
another to express views. Protected by 1st
amendment.
•The right to bring views to the attention of
public officials.
•Cannot incite violence, block public streets,
get too close to schools, endanger lives
Time-Place-Manner Regulations
The government can make and enforce rules
regarding the time, place, and manner of
assemblies.
•Public areas near schools and courthouses are restricted
(could disrupt learning or influence court proceedings).
•The government’s rules must be content neutral.
•Can restrict time, place and manner of the assembly, but not
on what the assembly is trying to say (have to protect some
very controversial demonstrations – KKK, Fallen Soldier
Protests).
•Cox v New Hampshire 1949 – Court upheld a State law that
required a license to hold a parade or procession on public
streets.
Private Property
The rights of assembly and petition do not give
people a right to trespass on private property.
States can interpret their constitutions to require owners of
private property, such as shopping centers, to allow people to
petition on their property.
Freedom of Association
•The guarantees of freedom of assembly and
petition include a right of association—the right to
associate with others to promote causes (i.e.,
people can join a group for or against abortion).
Section 4 Review
1. The freedom to assemble and petition includes
(a) the right of association.
(b) the right to trespass on private property.
(c) the right to demonstrate without prior notice.
(d) all of the above.