Civil Liberties

1. Civil Liberties SS-H-GC-U-5 Students will understand that individual rights in a democracy may, at times, be in conflict with others’ individual rights, as well as with the responsibility of government to protect the “common good.”

2. A Commitment to Freedom • Unlike many of the state Constitutions, when it was first ratified, the U.S. Constitution did not include a general listing of the rights of the people. • Several states only ratified with the understanding that this would be added as soon as possible. The first session of the new Congress met that demand with a series of proposed amendments known as the Bill of Rights.

3. Using the Bill of Rights and some of the later amendments, the U.S. Constitution guarantees both rights and liberties to the American people. • In general, civil liberties are protections against government, like the freedoms of speech, press, and religion. • Civil rights are the positive acts by government that guarantee those rights for all people, such as the prohibition of discrimination based upon race, sex, religious belief, etc.

4. Civil Liberties • Government in the United States is a limited government. Even though all governments have and use authority over individuals, the difference between a democratic government and a dictatorship is the extent of that authority.

5. Consitutional Freedoms • The Constitution guarantees many different rights to everyone in the United States, however, no one has the right to do anything he or she pleases. • They only have the right to do as they please as long as they do not infringe on the rights of others. Ex. Everyone has a right to free speech but you can be punished for using obscene language or using words in a way that causes another person to commit a crime.

6. When Rights Conflict • Sometimes different guarantees of rights come into conflict with one another. • Ex. Freedom of the Press vs. Right to a Fair Trial • Sheppard v. Maxwell, 1966, the Supreme Court overturned the conviction of a man on appeal with the argument that because his murder trial had been covered highly sensationalized by the national media, he didn’t receive a fair trial. This trial inspired a TV series as well as a movie entitled “The Fugitive”.

7. To Whom are Rights Guaranteed? • Most constitutional rights are extended to all persons. The Supreme Court has routinely ruled that this also applies to aliens as well as citizens. • Aliens are people who are not citizens of the country in which they live. • Ex. The right to travel freely throughout the country is guaranteed for all citizens not in legal restraint. However, the travel of aliens can be restricted.

8. Freedom of Speech and Press • Under the first amendment, all people have the right to have their say and hear what others have to say. • The guarantees of freedom of speech and press are intended to protect the expression of unpopular views. • However, some forms of expression are not protected: • Ex. No person has the right to libel or slander another. Libel is the false and malicious use of printed words: slander is the false and malicious use of spoken words.

9. Seditious Speech • Sedition is the crime of attempting to overthrow the government by force or to disrupt its lawful activities by violent acts. • Seditious speech is the advocating, or urging, of such conduct. • It is not protected by the 1st amendment. • Alien and Sedition Acts • Used during the presidency of John Adams giving the president the power to deport “aliens” who were making “false” claims about the government. • Sedition Act of 1917 • Part of the Espionage (spy) Act – made it a crime to encourage disloyalty, interfere with the draft, incite insubordination, etc. • Basically says that words can be outlawed if they are used to trigger an immediate danger or criminal acts will follow • Smith Act of 1940 • Makes it a crime for anyone to advocate the violent overthrow of the government, or to distribute material that teaches the same • However, it is hard to enforce because it requires urging someone to do something instead of believe something in order to be convicted.

10. Obscenity • The 1st amendment also does not protect obscenity • However, what language and images are considered “obscene”? What restrictions can be placed on these materials? • Most of these things can be difficult to enforce, however, the Supreme Court has upheld rulings allowing local governments in cities to regulate the location of “adult entertainment establishments” and we have laws such as the Children’s Internet Protection Act which says that public libraries that receive federal money must use filters to block certain material and access to certain internet sites.

11. Symbolic Speech • People can also express ideas by conduct. They can “say” something with a facial expression, carrying a sign, or wearing an armband or ribbon. This is symbolic speech. • Ex. Picketing - patrolling a business site by workers “on strike”. They are trying to inform the public of a controversy or to persuade others not to deal with the firm involved. If peaceful, it is protected by the 1st amendment. Picketing that is set in a “background of violence” can be prevented or restricted if it is conducted for an illegal purpose. • Ex. Flag burning – U.S. vs. Eichman, 1990 struck down the Flag Protection Act of 1989 allowing for flag burning as a form of political protest

12. Freedom of Assembly and Petition • The Constitution protects the right of people to assemble – to gather with one another – to express their views on public matters. It protects the rights of peaceable assembly and petition. It does not give people the right to incite others to violence, to block a public street, to close a school, or otherwise endanger life, property, or public order.

13. Freedom of Religion • The first 1st amendment set out two guarantees of religious freedom. • One prohibits an “establishment of religion” – the Establishment Clause • The other prevents any interference by government in “the free exercise” of religion – the Free Exercise Clause

14. Establishment Clause • The Establishment Clause sets up in Thomas Jefferson’s words “a wall of separation between church and state”. • Church and state are constitutionally separated in this country but that doesn’t make them enemies or strangers to one another. • Property of and contributions to religious sects are free from federal, state, and local taxation. • Chaplains serve in each branch of the _____________. • Sessions of Congress, state legislatures, and many city council meetings open with prayer.

15. Free Exercise Clause • Guarantees to each person the right to believe whatever he or she chooses to believe in matters of religion. No law or government action can violate that right. • However, the free exercise clause does not give anyone the right to violate criminal laws, offend public morals, or otherwise threaten the safety of the community.

16. Exit Slip • 1. Name the five liberties (freedoms) offered in the first amendment. • 2. Describe the difference between slander and libel and are either of these protected under the 1st amendment?