Chapter 8: Protecting Civil Liberties

1. Chapter 8: Protecting Civil Liberties

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. 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 _______. Now the Bill of Rights is an essential 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 from possible government abuse. Civil liberties include freedom of ____________, 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 ____________.

5. Limited Government All governments have ____________ 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 _____________ 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 __________ 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.

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 travel, can be restricted. During __________ these restrictions may increase. For example, in World War II people of Japanese descent were forced to relocate to internment camps.

8. 14th and Federalism The Bill of Rights applied to the actions of the federal government, not the _________ governments. However, each state constitution contained its own bill of rights to protect the freedoms of its citizens. The 14th Amendment ____________ the basic rights protected by the Bill of Rights to the citizens of all states.

9. The 14th Amendment The 14th Amendment includes a _______ 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 ______ of the protections in the Bill of Rights.

10. 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 _________________ the government. The Supreme Court upheld the conviction but ruled for the first time that the 1st Amendment right to _______ speech also extended to the states because of the 14th Amendment.

11. Blaine Amendments States passed laws to make it clear that state funds could not be used for __________ schools after Congress attempted to pass an amendment of the same subject. ________ states have these amendments which prohibit voucher programs for religious schools

12. 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 end

13. Objectives Section 2 Examine why religious liberty is protected in the Bill of Rights. What is “Separation of Church and State?” 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.

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

15. Church and State Separation The federal government does not support a ___________ religion but does encourage religion in general. Most religious property and contributions to religions are not taxed. Oaths of office, the pledge, and U.S. coins and currency make reference to God. The exact limits of the Establishment Clause remain ________________.

16. Parochial School Aid Several states provide public financial aid to ____________ 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 ______________ of religious teaching.

17. The Lemon Test Checkpoint: What is the purpose of the Lemon test? This is a __________-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. _______________ case, where the Court struck down state financial aid to parochial schools in Pennsylvania.

18. The Lemon Test, cont.

19. 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 _____________, 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 ___________ to parents who send children to private schools, which may include parochial schools.

20. Release Time & the Bible Most Supreme Court rulings on the Establishment Clause have involved religion and education. The Court has ruled that public-school students may be ____________ 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 ____________ for parochial as well as public schools, as a safety measure.

21. School Prayer, cont. • The Court has _________ 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 _____________ in school and at school events.

22. 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.

23. Public Displays • The Court has ruled that “government may celebrate Christmas in some manner and form, but not in a way that endorses ___________ doctrine.” • The Supreme Court has given different rulings on displays, depending upon how they ______ religion.

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

25. Free Exercise Clause • Checkpoint: What acts are not protected by the Free Exercise Clause? • No government law or action can ______ a person the right to hold any religious beliefs that they wish or hold none at all. • However, no one has the right to break criminal laws, offend public morals, or ____________ public safety while practicing their religion.

26. Protections The Supreme Court has often ruled that the Free Exercise Clause only applies to beliefs rooted in ____________. The Court has struck down laws requiring a license to raise money for religious causes. The Court has ruled that __________ 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.

27. Objectives Section 3 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.

28. Free Expression The ____ 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 ___________ issues. Only an informed populace can make good decisions about public policy.

29. Seditious Speech • Congress has passed several laws banning seditious speech. • The Alien and Sedition Acts of 1798 punished government critics. • The _________ Act of 1917 made it a crime to say, write, or publish disloyal comments about the government. • The Smith Act of ________ makes it a crime to urge or plan the violent overthrow of the American government.

30. What Counts as Sedition? In Schenck v. United States, the Supreme Court established the “clear and present danger rule.” Words can be ___________ if there is a strong risk that they will encourage criminal activity. In Yates v. United States, the Court ruled that it is _______ illegal to urge someone to believe something, but it is illegal to urge them to do something.

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

32. 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 military bases and federal prisons or about the ______

33. Prior Restraint, cont. Public schools have a ___________ power to censor “school-sponsored expressive activities,” including school newspapers and plays. School officials must show that their censorship is in the _________ interest of the school.

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

35. 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 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 _______________ their material. Instead, they fall under the commerce power of Congress.

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

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

38. 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

39. Internet & Free Speech The few Supreme Court cases dealing with the Internet have involved laws aimed at stopping the distribution of pornography ________. Most of these laws have been overturned, except for the Children’s Internet ___________ Act.

40. Objectives Section 4 Explain the Constitution’s guarantees of assembly and petition. Summarize how government can limit the time, place, and manner of assembly. Compare and contrast the freedom-of-assembly issues that arise on public versus private property. Explore how the Supreme Court has interpreted freedom of association.

41. Constitutional Guarantees The ______ Amendment guarantees the right to peaceful assembly and to petition the government. The 14th Amendment’s Due Process Clause extends these rights to citizens of every state. The Constitution does ________protect assemblies or petitions that endanger life, property, or public safety.

42. 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.

43. Civil Disobedience Civil disobedience involves __________ 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 not a constitutionally protected right. Those who take part in civil disobedience must accept the ________ consequences of their actions.

44. Limits on Assembly Checkpoint: How has the Supreme Court limited the time, place, and manner of assembly? Governments can decide when, where, and how assemblies can take place in order to keep the ________ 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.

45. 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 ___________ advance notice and permits for demonstrations on public property.

46. Free Speech Zones Anti-abortion groups often hold demonstrations to try to discourage 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 _____________.

47. Public & Private Property People do ___________ have the right to assemble or petition on private property without permission. No one has the absolute constitutional right to hand out leaflets or ask for petition signatures in a shopping mall. Shopping malls are technically __________ property However, the courts can rule that shopping center owners should give permission for the reasonable exercise of the right to petition.

48. Gregory v. Chicago, 1969 In 1969, a group peacefully marched from Chicago’s city hall to the __________ house to protest segregation in the city’s schools. A crowd of several hundred “bystanders” gathered to protest and throw objects at the peaceful marchers. The police, fearing ____________, arrested the peaceful marchers for disorderly conduct when they refused to leave the public sidewalk. The Court ruled that the violent “bystanders”, not the peaceful marchers, were disturbing the peace.

49. Freedom of Association The right to join with others to promote political, __________, 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 not have to __________ members if doing so would contradict the beliefs of the association.

50. Objectives Section 5 Explain the meaning of due process of law as set out in the 5th and 14th amendments. Define police power and understand its relationship to civil rights.