Civil Liberties and the First Amendment

1. Civil Liberties and the First Amendment

2. What are civil liberties? • Civil Liberties: individual rights that are constitutionally protected against infringement by the government • In the United States many of these rights are protected in the Bill of Rights and other amendments to the Constitution • Rights must be balanced between competing individual rights and society's collective interests • Even protected rights are not unlimited • Many of the rights that are protected in the United States are vaguely written which creates controversy and a need for interpretation

3. The first amendment guarantees “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.” Supreme Court did not rule on free speech until the 20th century Clear and present danger test: govt. cannot abridge political expression unless it presents a clear and present danger to the nation’s security Yelling “bomb” on a plane would violate the clear and present danger test 1st amendment: free speech and assembly

4. Imminent lawless test tightened rules for when speech could be suppressed: govt. can’t censor unless speech is aimed at producing, and is likely to produce, imminent lawless action; issues with terrorism? Symbolic speech: the court has protected symbolic speech such as burning the flag, music, and art Assembly rights were clarified in Skokie (1977) case; before a govt. can stop a protest it must demonstrate that an evil will almost certainly happen and that there are no ways to prevent the evil Should Neo-Nazis be allowed to march in a Jewish neighborhood? Free Speech and Assembly

5. Limits on Free Speech and Assembly • Libel (written) and slander (spoken): expressing lies about someone else or there character that causes them harm; difference between fact and opinion • Public figures face a much higher bar to prove slander or libel; must prove malice • http://www.5min.com/Video/Crossing-Michael-Jordan-Slander-Lawsuit-34095646 • Obscenity is not protected by the first amendment but the court has had a hard time developing a test; usually look at community standards and if the material in question is of any social value • Assembly can be limited to certain times, places, and conditions, as long as they are applied fairly to all groups • Standards for schools?

6. Freedom of the Press • New York Times v. United States (1971) is the most important case dealing with freedom of the press • Court ruled that prior restraint (govt. censorship) is unconstitutional unless the govt. can provide overwhelming evidence for its censorship • More limits are placed on the press on the battlefields of war • Government can also ban the disclosure of secrets by former agents of the government • Does terrorism fit under the description of war?

7. Establishment clause: prevents government from passing a law that establishes an official religion “Wall of separation” between church and state has become a tradition, but is not actually in the Constitution Supreme Court has sought to avoid “excessive entanglement” between government and religion Christmas displays, Ten Commandments, Prayer in School; decisions on these issues create great amounts of controversy http://www.cbsnews.com/video/watch/?id=704497n Free exercise clause: prohibits government from prohibiting practice of religion Often conflicts with establishment clause Evolution v. creationism? http://video.app.msn.com/watch/video/okla-mom-charged-in-faith-healing-death/1d06ko8hu Can the government display the nativity scene in the capitol? Freedom of Religion

8. Selective Incorporation • The protections and limits placed by the Bill of Rights originally only applied to the federal government, not the states • 14th amendment due process clause changed this interpretation; states can not deprive a person of life, liberty, or property without due process of law • No indication Congress meant this amendment to be used for incorporation purposes • Court reasoned that due process clause was meaningless unless certain rights were protected from state interference