Chapter 13
1a. Define civil liberties
Basic individual rights/freedoms protected from either government violation or infringement from other members of society.
1b. Identify basic civil liberties protected under the Constitution.
Speech (in its different types/forms)
Political
Commercial
Pure vs. symbolic
Assembly
Religion
1c. To whom were basic these basic civil liberties extended?
“person(s)”; “the people”
To U.S. citizens as well as resident non-citizens
2. Provide examples of limits that have been imposed on our civil liberties.
One’s civil liberties are balanced against the rights of others as well as what best promotes the public good—that is, the interests of the majority.
One cannot hide behind assembly freedoms to riot (this would violate the rights of others to safety)
Civil liberties can be limited/restricted when there is a compelling State interest (in such instances, the government must demonstrate that there is in fact a compelling state interest—i.e. the burden of proof is on them).
Clear and present danger
Clear and probable danger
One cannot hide behind religious exercise freedoms to commit crimes
Freedom of the press and criminal investigative reporting is measured against the rights of the accused to a fair trial
Commercial speech cannot be used to falsely advertise
Freedom to believe vs. the freedom to act
See Question 7

3a. Define:
Establishment Clause: “Congress shall make no law respecting an establishment of religion” (i.e. The government can’t act in
ways that establish an official religion, that favors one religion over another, or that favors religion in
general).
Free Exercise Clause: “Congress shall make no law…prohibiting the free exercise of religion” (i.e. protects the right of a person
to hold any religious beliefs he/she chooses)
3b. What restrictions have been placed on our free exercise rights?
Right to believe vs. right to behave
Religious practices can’t threaten the health/safety of others
Religious practices can’t violate social standards or constitutional laws (e.g. bigamy, refusal to medicate/vaccinate—even voluntary, human sacrifice, cannibalism, etc.)
Protecting an individual’s health vs. preserving absolute free exercise
4. Discuss the significance of the following cases: a. Engel vs. Vitale: 1962: Officially sponsored prayers in U.S. public schools violates the establishment clause (unconstitutional
support for religion) b. McCollum vs. Board of Education: 1948: An Illinois religious instruction program was unconstitutional/violated the
establishment clause b/c it received official support. c. Reynolds vs. U.S.: 1879: Mormons couldn’t engage in bigamy d. West Virginia State Board of Education vs. Barnette: People can’t be forced to say the pledge if it violated their religious
beliefs—individuals could refuse to recite the pledge on free speech/free
religion grounds (such refusal did not threaten patriotism/national unity)
Overturned Minersville School District vs. Gobitis (1940)
5. In what instances is government aid to religion permissible?
Tax exemptions to religious organizations
Parochial school busing
Providing special education teachers
6a. Identify the origin(s) of the Lemon Test
Lemon vs. Kurtzman (1971)
6b. What is the significance of the Lemon Test?
Three part test to decide if/when government law aiding a religious body violates the establishment clause

To be upheld, the law must: (1) have a secular purpose; (2) neither advance nor limit religion; (3) not result in excessive government involvement in religion
7a. In what instances is freedom of speech and assembly not permissible or protected?
Libel/slander obscenity
“fighting words”
Riots
Treason (aiding and abetting the enemy in time of war)
Sedition (language encouraging rebellion)
Issues involving national security against foreign powers/domestic threats
Prior restraint

7b. Provide examples of when the government places limits on free speech and assembly
Alien and Sedition Acts (1798): outlawed “false, scandalous [disgraceful] and malicious [spiteful]” speech against the government
Sedition Acts/Espionage Act (1917-1918): Clear and present danger
Second Red Scare: Clear and probable danger
7c. What standards or principles are used by the courts in determining when free speech is/is not permissible?
Schenck vs. U.S. (1919): Clear and present danger test
Brandenburg vs. Ohio (1969): made clear and present danger test less restrictive—ruled that simply expressing a belief that the government should be overthrown or violence might be necessary to achieve certain goals is protected by First Amendment only if/when the government can demonstrate a person’s words are meant to encourage actively the violent overthrow of government or are likely to succeed in encouraging others to commit violence
This case was a reaction to the clear and probable danger test
Exposés (permissible)
No prior restraint
Sensationalism (permissible)
No prior restraint
Leaks (depends on the case/circumstances)
Reporter/source confidentiality (shield laws)
Not protected by free press
1972: Branzburg vs. Hayes: First Amendment does not excuse reporters from responbibilities that all citizens have to testify about information applicable in court proceedings.
8. What is the significance of: a. Schenck vs. U.S. (1919): Clear and present danger test b. New York Times vs. Sullivan (1964): Established guidelines for determining when a public figure has been libeled—for speech to
be labeled libel, it must be both false and malicious (i.e. it has to be made with knowledge
that it was false or with reckless disregard of whether it was false or not). P. 307 c. Roth vs. U.S. (1957): Court ruled that obscenity is something “utterly without redeeming social value.”

d. Miller vs. California (1973): obscene material defined (pp. 307-308) e. Tinker vs. Des Moines Independent Community School District: symbolic speech recognized and protected (pp 309-310) f. U.S. vs. Obrien (1968): Court ruled not all conduct designed to communicate a message is protected (e.g. burning a draft card—
the draft is the policy of requiring military service).
9. Define the following terms of expression which are not extended First Amendment protections: a. libel: defamatory written statement/visual presentation that unjustly harms a person’s character or reputation b. slander: verbal defamation c. obscenity: something sexually indecent/highly offensive d. hate speech: expressions of racial/religious hatred; expression that is meant to arouse anger, alarm, resentment on the bais of
race, color, creed, religion, or gender.
10. Compare/contrast pure speech vs. symbolic speech:
Pure speech: written or spoken
Symbolic speech: action meant to deliver a message (form of expression)
11. Explain how the following represents attempts to limit/restrict free speech: a. prior restraint: meant to stop someone from expressing idea(s) or providing information by either preventing publication or
requiring approval before publication. b. censorship: legal act of determining if information and/or speech is suitable for the public or if certain forms of expression/types
of speech should be banned. c. ratings: They don’t; rather, they are meant to evaluate the suitability of certain program content to various audiences d. false advertising: restricted false/misleading commercial ads
12. How can/does the government regulate electronic media (radio/tv)?
Ratings
False advertising
Licensing rules/regulations (FCC)
Even though the FCC doesn’t censor broadcasters or restrict free press, they could subject licensing renewals to varioisu
rules which could restrict violent or sexually explicit broadcasts, especially during family hour.
Prior restraint (generally prohibited under the First Amendment—the exception: if/when government can demonstrate or give compelling reasons to impose it (e.g. national security)
Censor “obscene” material
Commercial speech not considered a form of “pure” speech

***reasoning behind limits on commercial speech: radio/tv (mass media outlets) broadcast over the air waves (i.e. it’s owned by
the public)
13.3 Review
1.
Sedition is the use of language that encourages people to rebel against lawful government.
2.
Prior restraint is the act of stopping someone from expressing an idea or providing information.
3.
Slander is verbal defamation.
4.
Treason is the act of aiding and comforting the enemy of the United States in a time of war.
5.
Shield laws allow reporters to protect the identity of their sources from state courts.
6.
Libel is a written statement or visual presentation that is defamatory, or unjustly harms another person’s character and reputation.

7.
Obscenity is something sexually indecent and highly offensive.
8.
Hate speech is defined as the expression of hatred or bias against a person, based on characteristics such as race, religion, or sexual orientation.
9.
Symbolic speech is defined as any action that is meant to deliver a message.
10.
List 5 forms of protected symbolic speech.
Music lyrics
Flag desecration
Art
Theatrical performances
Political buttons
Armbands t-shirt slogans public demonstrations sit-ins/stand-ins/etc.
11.
According to the U.S. Supreme Court ruling in Brandenburg vs. Ohio, what must be proven in order for the government to convict a person of sedition? In other words, in what way was the “clear and present danger” test made less restrictive?
The court differentiated between freedom to believe vs. freedom to act. Conviction could occur only if it can be proven that the words were meant to encourage the violent overthrow of the government or are likely to succeed in encouraging others to do so.
12.
In what U.S. Supreme Court case was the “clear and present danger” rule established?
Schenck vs. U.S. (1919)
13.
According to a U.S. Supreme Court ruling in 1971, when may the government use prior restraint?
When it could give compelling reasons for doing so.
14.
List two instances when the government passed sedition laws.
1798 (under John Adams)
WWI
15.
What U.S. Supreme Court case established the precedent that prior restraint was a form of censorship?
Near vs. Minnesota (1931)
16.
What did the U.S. Supreme Court rule in Branzburg vs. Hayes?
The First Amendment does not excuse reporters from the same responsibilities as other citizens to testify about information applicable in court proceedings.
17.
What was the standard of libel established by the U.S. Supreme Court in New York Times vs. Sullivan?
To be libelous, a false statement about a public official must reflect actual malice on the part of the author; it must be proven that the statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.”
18.
What are the standards of obscenity established by the U.S. Supreme Court in Miller vs. California?
Major theme judged to appeal to indecent sexual desires by an average person applying “contemporary community standards”; clearly shows outlawed sexual behavior; lacks serious literary, artistic, political, or scientific value.
19.
List one form of symbolic speech that is not protected by the First Amendment.
Burning draft cards (U.S. vs. Obrien, 1968)
20.
What are “fighting words”?
Insulting, offensive words that are likely to cause a fight or other physical disturbance.