Guarding the Bill of Rights: Ensuring Fundamental Freedoms in the United States

1. First Amendment Basic Rights and Freedoms Chapter 14 Government 12

2. 1st – Religious and Political Freedoms 2nd – Right to Bear Arms 3rd– Quartering Troops 4th – Search and Seizure 5th – Rights of the Accused 6th – Right to Speedy Public Trial 7th – Jury Trials in Civil Cases (Suits) 8th – Cruel and Unusual Punishment 9th – Rights of People 10th – Power of States and People Bill of Rights Remembering Bill of Rights Bill of Rights

3. Bill of Rights applied to states after 80 years by 14th amendment. • “no state shall …. Deprive any person of life, liberty, or property without the due process of law ….” • Cases that applied Bill of Rights to states • Gitlow v. New York (1925) • Fiske v. Kansas (1927) • Near v. Minnesota(1931)

4. Incorporation • Gradual process of applying the Bill of Rights to States • By 1940’s, all of 1st Amendment • Religion, speech, press, assembly, and petition applied to states • 1960’s - Supreme Court applied all others (incorporated) except: • 2nd, 3rd, 7th, and 10th.

5. Civil Liberties Civil Liberties vs Civil Rights • Protections against government

6. Civil Rights • Positive acts of government protection against group discrimination

7. Jefferson • Liberty is a right fundamental enough to serve as a cornerstone for our government.

8. First Amendment • Many people argue that the rights protected in the First Amendment • To believe and worship • To speak and write • To assemble are the most important civil liberties in the Bill of Rights

9. Tinker v. Des Moines School District (1969) • Background – group of adults and students decided to publicize their opposition to Vietnam War by wearing black armbands during school. • Principals announced that students would be suspended. Tinker was suspended. • Court found for Tinker, student rights are not banned at the schoolhouse gate including their 1st Amendment rights.

10. Religion Freedom of Religion • “Separation of church and state” does not appear in 1st amendment or anywhere in the Constitution • Came from Jefferson writings. • Two reasons why separation: • To protect religion from being corrupted by the state • To protect good government from corruption caused by religious conflict.

11. The Constitution and Religion • Two clauses in the First Amendment protect freedom of religion • The “establishment” clause • The “free exercise” clause

12. Establishment Clause • “Congress shall make no law respecting an establishment of religion.”

13. Disagreement Over Establishment Clause • Broad Interpretation – Prevents the government from providing any aid to any religion. No tax money. • Narrow Interpretation – Government prohibited from giving one religious group preferential treatment. • Literal Interpretation – First Amendment only prohibits the establishment of an official government religion. Not prohibit government participation in particular religious practices.

14. Free Exercise Clause • 1st Amendment disallows any laws “prohibiting the free exercise of religion”

15. Would you guarantee the right to practice the following religions. • Mormon and Polygamy • Use of poisonous snakes in their religious rites • Deny a man unemployment benefits because they violated drug laws, taking peyote during religious ceremony. • Withhold medical treatment of sick child if parents religious beliefs don’t want it. • Religion requires human sacrifice

16. Freedom of Religion Cases Reynolds v. United States (1879) • Mormons & polygamy violated law. • First case that restricted the free exercise of religion if violated law protecting health, safety, or morals of a community.

17. Everson v. Board of Education (1947) • Transportation to parochial schools alright, - applied Establishment Clause to states Engle v. Vitale (1962) • Banned prayer written by NY Board of Regents Stone v. Graham (1980) • The Court ruled Kentucky could not post 10 commandments in classrooms of public schools. Unconstitutional. Wallace v. Jaffree (1985) • Alabama’s “moment of silence” law – one minute – found unconstitutional Lee v. Weisman (1992) • Prayer could not be offered as part of a graduation ceremony of Rhode Island public school.

18. Abington School District v. Schempp (1963) • Overturned Pennsylvania law requiring saying of and a Bible reading. Lord’s Prayer

19. Prayers said in Congress. Why. • Tradition • Legislators are Adults • Attendance is voluntary at beginning of sessions

20. Freedom of Speech and Press Schenck v. United States (1919) • Socialist ried to get men to ignore draft notices during WWI. As related to national security, “clear and present danger” not protected by 1st Amendment. Dennis v. United States (1951) • Sedition law called the Smith Act. Court upheld the conviction of communists who advocated the overthrow of the U.S. government. They argued it violated their 1st Amendment right to free speech. Yates v. United States (1957) • Court overturned the Smith Act conviction of the communists party leaders. Narrowed the definition, merely urging someone to believe something is different from inciting Brandenburg v. Ohio (1969) • Court further narrowed definition of sedition – Klu Klux Klan leader was convicted for inciting a mob with the statement “We’ll take the …. streets later.” Court overturned conviction because the actions he called for were not imminent and no reason to believe listeners would take violent action.

21. Three Types of Speech • Pure Speech • verbal expression of thoughts and opinions before a voluntary audience. • Speech Plus • Involves actions such as marching or demonstrating with speech. Safety is a factor in this type of speech restrictions. • Symbolic Speech • Most controversial – technically involves no speech at all. Varied opinions by the Supreme Court.

22. Flag Desecration Texas v. Johnson (1990) • Categorized flag burning as symbolic speech • Flag Protection Act – Found unconstitutional by Supreme Court.

23. Regulating Speechin Constitution (Not Permitted) • Slander • Speech that damages a person’s good name, character, or reputation. • Sedition • Actions or language inciting rebellion against a lawful authority, especially advocating the overthrow of a government. May not involve an action against the government • Treason • the offense of acting to overthrow one's government or to harm or kill its sovereign.

24. Limiting Press • Concerned that opinions can be written and circulated in newspapers, magazines, radio, television, and on the Internet.

25. Branzburg v. Hayes (1972) • 1st Amendment does not protect reporters from having to reveal confidential sources of information. • 30 states have passed shield laws that give reporters some protection against disclosure of sources.

26. Near v. Minnesota (1931) • Censorship – Minnesota shut down a newspaper because state law prohibited publication of “malicious, scandalous, or defamatory” periodicals. • Court ruled the law unconstitutional because it involved or censorship of information before it is written or published. • Exception, cases of prior restraint National Security.

27. New York Times v. United States (1971) • Pentagon Papers –leak of classified documents revealing secret government involvement in the Vietnam War. After publishing a few documents, government tried to stop the rest. Court rejected argument that the reports endangered National Security. Miller v. California (1973) • Definition of what is obscene. • “What an average person would find appealing to only sick or prurient interests, whether local law or courts objected to the depiction of sexual conduct, and whether the work as a whole lacked ‘serious literary, artistic, political, or scientific value’.” • Difficult to do and court decisions vary widely.

28. Recent Issues • Television and Radio – Regulated by the Federal Communication Commission (FCC). • Censored more strictly than newspapers but FCC is expressly forbidden to censor content. • Certain amount of time can be set aside for public and children’s programming.

29. Freedom of Assembly and Petition • Court believes in the right to assembly G • Groups must apply for local city and government permits to hold their parades or demonstrations. • Prevent major disruptions of people’s everyday lives.

30. Skokie, Illinois • Nazi party wanted to march through suburb of Chicago with a large Jewish population including survivors of German concentration camps. • City government required a $300,000 cash bond to get parade permit. • Federal District court ruled that no community could use parade permits to interfere with free speech and assembly.

31. DeJonge v. Oregon (1937) • 1st case – Fear of communist agitation during the depression. State tried to restrict assemblies. Court found unconstitutional according to the 1st and 14th Amendments Adderly v. Florida (1966) • Court clarified limits on public demonstrations in public facilities like libraries and jails Grayned v. City of Rockford (1972) • Court upheld city ordinance prohibiting making noise that disrupts school activities. Lloyd Corporation v. Tanner (1972) • Protestors may not trespass on private property during demonstrations Schenck v. Pro-Choice Network of Western New York (1997) • Court upheld the creation of “fixed buffer zones” around abortion clinics. Needed for public safety and the free flow of traffic.

32. Internet • Considered neither print or broadcast medium • World Wide Web respects no national boundaries – what single entity can regulate the industry • Communications Decency Act – Found Unconstitutional in Reno v. ACLU (1997). • Court ruling seems to place the Internet in the category of books and not broadcast medium and deserves 1st Amendment protection.

33. The Web v. Censorship For CensorshipAgainst Censorship