Government Chapter 13
Civil Liberties
We skipped 12, deal with it.
Not 58 terms.
• civil liberties
– basic freedoms; human rights
• abridge
– limit or restrict
• 1st Amendment
– protects the freedom of: religion, speech, petition,
assembly and press.
– First five words: "Congress shall make no law"
• Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the
freedom of speech, or of the press; or the
right of the people peaceably to assemble,
and to petition the Government for a redress
of grievances.
• BARRON v. Baltimore
– Declared that the STATES COULD LIMIT free speech
because the Bill of Rights only applied to Congress.
– It caused a problem and made incorporation
necessary.
• precedent
– decision made on a similar issue in earlier cases that is
used as a model for future decisions
Civil War Amendments
• 13th Amendment
– "Civil War Amendment" that abolished (outlawed)
slavery.
• 14th Amendment
– "Civil War Amendment" that extended due process
and citizenship to all Americans.
– It stated that "no government" could restrict rights.
• 15th Amendment
– "Civil War Amendment" that granted suffrage (right to
vote) to African American males.
Incorporation
• GITLOW v. New York
– declared states could not limit free speech.
– the first case to use INCORPORATION
• incorporation
– the process of the Supreme Court extending the
Bill of Rights to the states through court cases
– The 14th Amendment made it possible
Free Speech
• defamatory speech
– language intended to ruin the reputation of an individual.
• pure speech
– using words to communicate a thought or opinion
• symbolic speech
– using actions or pictures to communicate a thought or
opinion
• seditious speech
– calling for the violent overthrow of a government.
– Its not protected by the 1st amendment.
Free Speech Court Cases
• TEXAS v. Johnson
– protected FLAG BURNING as symbolic speech
• TINKER v. Des Moines
– protected ARM BANDS as symbolic speech
• SCHENK v. U.S.
– limited seditious speech in times of danger.
– Also established the "CLEAR and PRESENT
DANGER" test
Free Expression Court Cases
• BURSTYN v. Wilson
– protects freedom of expression in MOVIES
• RENO v. ACLU
– protects freedom of expression on the INTERNET
• MILLER v. California
– allowed local communities to define OBSCENITY
Free Assembly
• Picketing
– patrolling a business in an attempt to convince the
public not to enter
• DEJONGE v. Oregon
– protects the right to assemble by including
PARADES
• FEINER v. New York
– allows POLICE to disperse demonstrations if they
threaten the peace
Free Religion
• establishment clause
– Congress shall make no law respecting an
establishment of religion
– part of the first amendment that allows you to
start your own religion
• free exercise clause
– …or prohibiting the free exercise thereof
– part of the first amendment that allows you to
practice your religion
Religion Court Cases
• LEMON v. Kurtzman
– allowed federal AID to parochial schools for
secular purposes
• ENGEL v. Vitale
– prohibits mandated PRAYER in public schools
Free Press
• gag order
– demand of a judge for reporters to not write about a
case
• Libel
– written defamatory speech
• slander
– spoken defamatory speech
• prior restraint
– censorship fo the news prior to publication
Free Press Court Cases
• NEAR v. Minnesota
– prohibited PRIOR RESTRAINT by STATES with
newspapers
• HAZELWOOD v. Kuhlmeier
– declared that SCHOOLS could use PRIOR
RESTRAINT on school publications