Protecting Civil Liberties: The Bill of Rights and the First Amendment

1. Chapter 19: Civil Liberties: First Amendment Freedoms

2. Key Documents The Declaration of Independence states that all men have unalienable rights and that governments exist to ____________ these rights. The Preamble to the Constitution states that purpose of the American government is to “secure the blessings of Liberty” to the people. Articles I and III of the Constitution _____________ many key rights.

3. The Bill of Rights • There was _______ general listing of the rights of the people in the Constitution until the Bill of Rights was ratified in 1791. Now the Bill of Rights is an _________ part of the Constitution. • James Madison (right) authored the Bill of Rights.

4. Civil Rights and Liberties Civil liberties can be thought of as freedoms protected ___________ possible government abuse. Civil liberties include freedom of religion, speech, and the press as well as the right to a fair trial. Civil rights can be thought of as freedoms ________ bythe government. Civil rights include laws banning discrimination.

5. Limited Government Checkpoint: How does the Bill of Rights limit government in the United States? All governments have ____________ over individual citizens. In a democratic government such as the United States, this authority is _____________ by laws like the Bill of Rights, which specifies individual rights and freedoms that government cannot violate.

6. Relative Rights • U.S. citizens may exercise their own rights as long as they do not ____________ upon the rights of others. • For example, the right to free speech does not protect obscene language. • Rights can come into conflict with each other. When this happens, the courts must then decide the issue. ________ music late at night is not a right because it infringes on the rights of others.

7. Whose Rights? Most constitutional rights extend to all people in the United States, including _____________, or non-citizens. However, certain rights of aliens, such as freedom of ______________, can be restricted. During wartime these restrictions may increase. For example, in World War II people of Japanese descent were forced to relocate to internment camps.

8. Federalism The Bill of Rights ______________ to the actions of the federal government, not the state governments. However, each state constitution contains its own bill of rights to protect the freedoms of its citizens. In addition, the ________th Amendment extends the basic rights protected by the Bill of Rights to the citizens of all states.

9. The 14th Amendment The 14th Amendment includes a Due ___________ Clause. The Supreme Court has ruled that this clause means no state can deny any person their basic rights and liberties. Over time, through the process of _____________, these basic rights and liberties have been defined as including most of the protections in the Bill of Rights.

10. Gitlowv. New York, 1925 Checkpoint: Why is the case Gitlow v. New York important? New York state had convicted Benjamin Gitlow of criminal ____________ for urging people to overthrow the government. The Supreme Court upheld the conviction, but ruled for the first time that the 1st Amendment right to free ____________ also extended to the states because of the 14th Amendment.

11. The 9th Amendment The 9th Amendment declares that the people have rights _____________ those specifically listed in the Constitution. Over time the Supreme Court has determined that some of these unlisted rights include: The right of a person not to be tried on the basis of _________ gained evidence The right of a woman to choose to have an abortion

12. Religious Freedom • Support for religious freedom was partly a rejection of colonial government-sponsored churches. • In 1786 Thomas Jefferson wrote the Virginia Statute for Religious Freedom, influencing the 1st Amendment. • Jefferson said the 1st Amendment created a “wall of separation between church and state.”

13. Church and State The federal government does not __________ a specific religion, but does encourage religion in general. Most religious property and contributions to religions are not taxed. Oaths of office, the national anthem, and U.S. coins and currency make _____________ to God. The exact limits of the Establishment Clause remain controversial.

14. Religion and Public Schools Most Supreme Court rulings on the Establishment Clause have involved religion and _____________. The Court has ruled that public school students may be released during school to attend religious classes, but only if those classes are held in private places off school grounds. The Court has allowed states to fund bussing for parochial as well as public schools, as a ___________ measure.

15. School Prayer Checkpoint: According to the Supreme Court, how does state-sponsored support of prayer in schools ________ the 1st Amendment? The Court has found in seven major cases that the 1st Amendment requires the government to neither aid nor oppose religion. This means schools cannot sponsor ____________ exercises such as prayer.

16. School Prayer, cont. • The Court has banned ______________ prayers to start school, posting of the Ten Commandments in classrooms, and school-sponsored prayers at graduations and football games. • Students can ________ as individuals in school and at school events.

17. Other School Issues The Equal Access Act of _______ requires public high schools to let student religious groups meet at school. The Supreme Court has ruled that this law applies to grade schools as well. The Supreme Court has ruled that states cannot ban the teaching of _____________ in public schools or require the teaching of creation science.

18. Parochial Schools Several states provide public financial aid to parochial schools. Supporters argue that parochial students would otherwise be educated at _________ expense and that their parents pay taxes to support public schools. Opponents argue that parents could send their children to public schools and that funding parochial schools amounts to government ______________ of religious teaching.

19. The Lemon Test Checkpoint: What is the purpose of the Lemon test? This is a three-part test used to decide if a state law establishes a religion. It is usually applied to determine if _________ aid to parochial schools is constitutional. The test comes from the 1971 Lemon v. Kurtzman case, where the Court struck ___________ state financial aid to parochial schools in Pennsylvania.

20. The Lemon Test, cont.

21. Examples of the Lemon Test The Court usually finds public aid for church-related schools to be ___________________: It has banned using taxes to pay for teacher salaries, field trips, school districts set up for a religious community, or to reimburse parents for parochial tuition. The Court has allowed states to give _______ deductions or tuition vouchers to parents who send children to private schools, which may include parochial schools.

22. Public Displays Are government-sponsored chaplains, seasonal displays, or displays of the Ten Commandments constitutional? The Supreme Court has given different rulings on ___________, depending upon how they promote religion.

23. Pubic Displays, cont. • A Christmas tree sparkles in front of the California State Capital. • The Court has ruled that “government may celebrate ____________ in some manner and form, but not in a way that endorses Christian doctrine.”

24. Public Displays, cont. • A chaplain offers the opening __________ in both houses of Congress and most State legislatures. • The Court has ruled that this practice, unlike organized prayer in public schools, is constitutionally ________________. • They are they voluntarily, unlike you

25. Limits on Exercise of Religion • Checkpoint: What acts are not protected by the Free Exercise Clause? • No government law or action can deny a person the right to hold any ___________ beliefs that they wish. • However, no one has the right to break criminal laws, offend __________ morals, or threaten public safety while practicing their religion.

26. Protections The Supreme Court has often ruled that the Free Exercise Clause only applies to _________ rooted in religion. The Court has struck down laws requiring a license to raise money for religious causes. The Court has ruled that Amish children do not have to attend school past the ___________ grade and that Jehovah’s Witnesses do not have to salute the American flag due to the beliefs of each religious group.

27. Free Expression The 1st amendment guarantees each person the right of free expression by __________, writing, and all other means of communication. The 14th Amendment extends this federal right to citizens of every state. Everyone has the right to hear what others have to say on public issues. Only an informed _______________ can make good decisions about public policy.

28. Seditious Speech • Congress has passed several laws banning seditious speech. • The Alien and Sedition Acts of _____ punished government critics. • The Espionage Act of 1917 made it a crime to say, write, or publish disloyal comments about the government. • The Smith Act of 1940 makes it a crime to urge or plan the _________ overthrow of the American government.

29. What Counts as Sedition? In Schenck v. United States, the Supreme Court established the “clear and __________ danger rule.” Words can be banned if there is a strong risk that they will encourage criminal activity. In Yates v. United States, the Court ruled that it is not illegal to urge someone to __________ something but it is illegal to urge them to do something.

30. Obscenity It is illegal under federal and state law to distribute ______________ material. The Supreme Court created a three-part test to determine if something is obscene. Material is obscene if it: Incites lust according to local community standards Deals with sexual conduct banned in an anti-obscenity law Lacks serious literary, ____________, political, or scientific value

31. Prior Restraint Government censorship is usually __________. Censorship may be allowed if published material could endanger national security. This rule has been applied to censor material distributed in ____________ bases and federal prisons or about the CIA.

32. Prior Restraint, cont. Checkpoint: How has the Supreme Court ruled on student speech? Public schools have a broad power to ___________ “school-sponsored expressive activities,” including school newspapers and plays. School officials must show that their ______________ is in the educational interest of the school.

33. The Media • The Supreme Court has ruled that under federal law, news reporters must testify in __________ even if it means revealing confidential sources. • Some 30 states have passed ___________ laws that give reporters some rights to withhold confidential sources.

34. The Media, cont. Freedom of the press does not give the ____________ industry as much protection as newspapers. Films can be censored. Radio and television receive the ____________ 1st Amendment protection. Radio and TV stations are licensed to broadcast their signals on publicly owned airwaves. Such stations have no guaranteed 1st Amendment right to broadcast their material. Instead, they fall under the commerce power of Congress.

35. The Media, cont. Radio and TV are heavily ______________ by the Federal Communications Commission (FCC) The FCC can refuse to license stations that use indecent language. ____________ TV has fewer regulations.

36. The Media, cont. The few Supreme Court cases dealing with the _____________ have involved laws aimed at stopping the distribution of pornography online. Most of these laws have been overturned, except for the ____________ Internet Protection Act.

37. Symbolic Speech Symbolic speech is the expression of __________ by a person’s conduct and is often meant as an act of dissent. An example is picketing a workplace while on strike to draw public attention to a controversy. Peaceful picketing is protected speech. Burning the _______________ flag or a cross as a political protest is also protected speech according to the Supreme Court.

38. Symbolic Speech, cont. Checkpoint: When are acts of dissent by speech punished? If the object of the ______________ is within the constitutional powers of the government If whatever restriction is placed on expression is no greater than necessary If the government’s real ____________ is not to prevent dissent

39. Commercial Speech Commercial speech most often refers to advertising. The Supreme Court usually strikes down _____________ bans on advertising. The government can ban false and misleading advertisements or the advertising of illegal goods and services. Congress has also banned ____________ ads on radio and television.

40. Constitutional Guarantees The 1st Amendment guarantees the right to peaceful assembly and to ____________ the government. The 14th Amendment’s Due Process Clause extends these rights to citizens of every state. The Constitution does not protect assemblies or petitions that _________ life, property, or public safety.

41. Examples • Assemblies include public demonstrations as well as organizations such as ___________ parties and interest groups. • Petitions can include letters, lobbying, and advertisements. • ________________ marches and parades are protected forms of assembly.

42. Civil Disobedience Civil _________________ involves knowingly breaking the law in a nonviolent way to protest a law or public policy. The courts have held as a general rule that civil disobedience is ____ a constitutionally protected right. Those who take part in civil disobedience must accept the legal consequences of their actions.

43. Limits on Assembly Checkpoint: How has the Supreme Court limited the time, place, and manner of assembly? Governments can decide when, ____________, and how assemblies can take place in order to keep the public peace. Government rules must be specific and fairly administered. Government rules must also be content ____________. They cannot regulate gatherings based on what might be said.

44. Public Demonstrations Demonstrations tend to take place in public places such as streets,______________, parks, or public buildings. This can conflict with the normal use of these facilities or streets. The subject of a demonstration can also lead to public arguments. The Supreme Court thus allows governments to require ____________ notice and permits for demonstrations on public property.

45. Gregory v. Chicago, 1969 In 1969, a group marched from Chicago’s city hall to the mayor’s house to protest _________ in the city’s schools. A crowd of several hundred bystanders gathered to protest against and throw objects at the marchers. The police, fearing violence, arrested the marchers for disorderly conduct when they refused to leave. The Court ruled that the violent ______________, not the peaceful marchers, were disturbing the peace.

46. Other Court Cases Anti-abortion groups often hold demonstrations to try to _________________ women from going to abortion clinics. The Supreme Court has ruled that judges and state laws may impose ___________ zones limiting how close demonstrators may come to clinics. These measures fall within the government’s power to limit how, when, and where assemblies take place.

47. Private Property People do not have the right to assemble or petition on ____________ property without permission. No one has the absolute constitutional right to hand out leaflets or ask for petition signatures in a shopping mall. However, the courts ______ rule that shopping center owners should give permission for the reasonable exercise of the right to petition.

48. Private and Public Property • The right to ________________ demonstrate on public property is constitutionally guaranteed, yet demonstrations on ___________ property are not constitutionally guaranteed. • Why has the Court ruled differently on public and private property demonstrations?

49. Freedom of Association Checkpoint: What is the right of association? The right to join with others to ___________ political, economic, and social causes. It has been upheld as a constitutional right by the Supreme Court. People cannot be fired for belonging to associations and do not have to reveal them to practice law. Associations do ____ have to accept members if doing so would contradict the beliefs of the association.