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Civil Liberties

Civil Liberties. First Amendment Freedoms. Two Types of Protections. 1. Civil liberties- constitutionally based freedoms guaranteed to individuals – Example – Bill of Rights. 2. Civil rights – Refer to positive acts of government protection against group discrimination. First Amendment.

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Civil Liberties

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  1. Civil Liberties First Amendment Freedoms

  2. Two Types of Protections • 1. Civil liberties- constitutionally based freedoms guaranteed to individuals – Example – Bill of Rights

  3. 2. Civil rights – Refer to positive acts of government protection against group discrimination

  4. First Amendment

  5. Freedom of Religion • Two Guarantees • 1. Establishment Clause • 2. Free Exercise Clause

  6. Establishment Clause • The court has consistently ruled that a separation between church and state is required • “Wall of Separation” – Jefferson • Engel v. Vitale

  7. Free Exercise Clause • The gov’t cannot interfere with an individual’s belief of religion • Reynolds v. U.S (1879) • Wisconsin v. Yoder (1972)

  8. Freedom of Speech & Press

  9. Is It “Speech”?

  10. 1. Shout “fire’ in a crowded movie theater? • 2. Debate the value of nuclear arms with another citizen? • 3. Sing the national anthem in a screeching manner at a National League baseball game?

  11. 4. Wear political symbols to school, such as a button that says “Down with America”? • 5. Demonstrate peacefully in front of the White House? • 6. Use sexually suggestive, but not obscene, language in a campaign speech for high school student council?

  12. 7. Not participate in reciting the “Pledge of Allegiance”? • 8. Damage another person’s reputation by spreading false rumors? • 9. Stage a march by the Ku Klux Klan? • 10. Burn the American flag?

  13. Types of Speech • 1. Pure Speech – Spoken words only • 2. Speech Plus- Spoken words & some activity ex. demonstrating • 3. Symbolic Speech- most controversial – it involves no speech at all – Texas v. Johnson

  14. Regulating Speech & Press • 1. Sedition – Advocating or urging the overthrow of the gov’t by force. “Clear and Present Danger” • 2. Obscenity & obscene materials – “I know it when I see it” – No enduring or comprehensive definition • Miller v. California • 3. Slander/libel – false statements that are malicious and damage a person’s reputation

  15. 4. Commercial – advertisers not allowed to make false claims • 5. Prior Restraint- gov’t prevents material from being published • 6. Media – FCC regulates the content, nature, and very existence of radio and television broadcasting • TV & radio regulated more than newspapers & magazines

  16. Freedom of Assembly & Petition • Freedom to meet, protest, march, picket, write letters of protest, and the right to associate with one another.

  17. Limits on Assemblies • Gov’t can make & enforce reasonable rules covering the time, place, and manner of assemblies

  18. Rights & Liberties Protected • 1. Dec. Of Independence • 2. Constitution which includes the Bill of Rights

  19. #4 10-5-09 Journal • Should a sick child whose parents’ religion prohibits medical treatment be allowed to die? Why?

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