Chapter 19: Civil Liberties: First Amendment Freedoms Section 1

1. Chapter 19: Civil Liberties: First Amendment FreedomsSection 1

2. Objectives Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights. Understand that the rights guaranteed by limited government are not absolute. Show how federalism affects individual rights. Describe how the 9th Amendment helps protect individual rights.

3. Key Terms Bill of Rights: the first ten amendments added to the Constitution, ratified in 1791 civil liberties: freedoms protected against any unjust actions taken by the government civil rights: freedoms protected by positive actions taken by the government aliens: people who are not citizens of the country in which they live

4. Key Terms, cont. Due Process Clause: clause in the 14th Amendment that says no state can take away a person’s life, liberty, or property without due process of law process of incorporation: the manner in which the Supreme Court has interpreted the guarantees in the Bill of Rights as being part of the Due Process Clause

5. Introduction How does the Constitution protect the rights of individuals against government? The Constitution guarantees civil rights and civil liberties to the American people. Many of these rights and liberties are protected by the laws established in the Bill of Rights and the 14th Amendment.

6. Key Documents The Declaration of Independence states that all men have unalienable rights and that governments exist to protect 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 guarantee many key rights.

7. The Bill of Rights • There was no 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 essential part of the Constitution. • James Madison (right) authored the Bill of Rights.

8. Civil Rights and Liberties Civil liberties can be thought of as freedoms protected from 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 defended bythe government. Civil rights include laws banning discrimination.

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

10. Relative Rights • U.S. citizens may exercise their own rights as long as they do not infringe 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. Blaring music late at night is not a right because it infringes on the rights of others.

11. Whose Rights? Most constitutional rights extend to all people in the United States, including aliens, or non-citizens. However, certain rights of aliens, such as freedom of travel, 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.

12. Federalism The Bill of Rights applies 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 14th Amendment extends the basic rights protected by the Bill of Rights to the citizens of all states.

13. The 14th Amendment The 14th Amendment includes a Due Process 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 incorporation, these basic rights and liberties have been defined as including most of the protections in the Bill of Rights.

14. Gitlow v. New York, 1925 Checkpoint: Why is the case Gitlow v. New York important? New York state had convicted Benjamin Gitlow of criminal anarchy 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 speech also extended to the states because of the 14th Amendment.

15. The 9th Amendment The 9th Amendment declares that the people have rights beyond 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 unlawfully gained evidence The right of a woman to choose to have an abortion

16. Review • Now that you have learned how the Constitution protects the rights of individuals against government, go back and answer the Chapter Essential Question. • How can the judiciary balance individual rights with the common good?

17. Chapter 19: Civil Liberties: First Amendment FreedomsSection 2

18. Objectives Examine why religious liberty is protected in the Bill of Rights. Describe the limits imposed by the Establishment Clause of the 1st Amendment. Summarize the Supreme Court rulings on religion and education as well as other Establishment Clause cases. Explain how the Supreme Court has interpreted and limited the Free Exercise Clause.

19. Key Terms Establishment Clause: the clause in the 1st Amendment that prohibits the government from establishing a religion Free Exercise Clause: the 1st Amendment clause that bans government from interfering with the free practice of any religion parochial: church-related

20. Introduction How does the 1st Amendment protect the freedom of religion? The Establishment Clause of the 1st Amendment bans Congress from passing any law to establish a religion. The Free Exercise Clause bans Congress from preventing anyone from freely practicing their own religion. The 14th Amendment extends these bans to the state governments.

21. 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.”

22. Church and State The federal government does not support 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 reference to God. The exact limits of the Establishment Clause remain controversial.

23. Religion and Public Schools Most Supreme Court rulings on the Establishment Clause have involved religion and education. 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 safety measure.

24. School Prayer Checkpoint: According to the Supreme Court, how does state-sponsored support of prayer in schools violate 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 religious exercises such as prayer.

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

26. Other School Issues The Equal Access Act of 1984 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 evolution in public schools or require the teaching of creation science.

27. Parochial Schools Several states provide public financial aid to parochial schools. Supporters argue that parochial students would otherwise be educated at public 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 sponsorship of religious teaching.

28. 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 state aid to parochial schools is constitutional. The test comes from the 1971 Lemon v. Kurtzman case, where the Court struck down state financial aid to parochial schools in Pennsylvania.

29. The Lemon Test, cont.

30. Examples of the Lemon Test The Court usually finds public aid for church-related schools to be unconstitutional: 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 tax deductions or tuition vouchers to parents who send children to private schools, which may include parochial schools.

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

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

33. Public Displays, cont. • A chaplain offers the opening prayer in both houses of Congress and most State legislatures. • The Court has ruled that this practice, unlike organized prayer in public schools, is constitutionally permissible.

34. 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 religious beliefs that they wish. • However, no one has the right to break criminal laws, offend public morals, or threaten public safety while practicing their religion.

35. Protections The Supreme Court has often ruled that the Free Exercise Clause only applies to beliefs 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 8th grade and that Jehovah’s Witnesses do not have to salute the American flag due to the beliefs of each religious group.

36. Review • Now that you have learned how the 1st Amendment protects the freedom of religion, go back and answer the Chapter Essential Question. • How can the judiciary balance individual rights with the common good?

37. Chapter 19: Civil Liberties: First Amendment FreedomsSection 3

38. Objectives Explain the importance of the two basic purposes served by the guarantees of free expression. Summarize how the Supreme Court has limited seditious speech and obscenity. Examine the issues of prior restraint and press confidentiality, and describe the limits the Court has placed on the media. Define symbolic and commercial speech; describe the limits of their exercise.

39. Key Terms libel: the false and malicious use of printed words slander: the false and malicious use of spoken words sedition: the crime of attempting to overthrow the government by force or disrupt it by violent acts seditious speech: advocating sedition

40. Key Terms, cont. prior restraint: banning an idea before it is expressed injunction: a court order shield laws: laws protecting lawyers from giving up confidential sources symbolic speech: expressing an idea by one’s conduct picketing: patrolling a workplace while on strike

41. Introduction What are the limits on the guarantees of free speech and free press? No person has the right to libel or slander another person. It is illegal to encourage others to commit a crime. Laws can ban the use of obscene words, printing or distributing obscene materials, and false advertising.

42. Free Expression The 1st amendment guarantees each person the right of free expression by speech, 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 populace can make good decisions about public policy.

43. Seditious Speech • Congress has passed several laws banning seditious speech. • The Alien and Sedition Acts of 1798 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 violent overthrow of the American government.

44. What Counts as Sedition? In Schenck v. United States, the Supreme Court established the “clear and present 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 believe something but it is illegal to urge them to do something.

45. Obscenity It is illegal under federal and state law to distribute obscene 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, artistic, political, or scientific value

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

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

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

49. The Media, cont. Freedom of the press does not give the movie industry as much protection as newspapers. Films can be censored. Radio and television receive the least 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.

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