Defining Civil Liberties: Understanding Rights and Freedom of Speech

1. Objective: to Define Civil Liberties What is the difference between civil rights and civil liberties?

2. Founding Documents • Declaration of Independence - “We hold these truths to be self-evident; that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” • Constitution – framers believed in natural rights

3. Writ of Habeas Corpus • Art. 1, Sec. 9 • “Produce the body” • Requires government officials to present a prisoner in court and to explain to the judge why the person is being held

4. Ex Post Facto Laws • “after the fact” • Being charged for committing a crime, that wasn’t a crime when the person committed the action

5. Bills of Attainder • Legislative act that punishes an individual without judicial trial • Court should decide guilt, not Congress

6. Bill of Rights • Free speech, press, assembly, petition, religion • Right to bear arms • Prohibits quartering soldiers • Restricts illegal search and seizures • Provides grand juries, restricts eminent domain (gov can’t take private property unless compensation), prohibits forced self-incrimination, double jeopardy (can’t be charged for the same crime twice)

7. Bill of Rights 6. Outlines criminal court procedure 7. Trial by jury 8. Prevent excessive bail and cruel and unusual punishment 9. Amendments 1-8 do not necessarily include all possible rights of the people 10. Reserves for the states any powers not delegated to Fed. Gov by Constitution

8. 14th Amendment • “privileges and immunities” – Constitution protects all citizens • Due process – prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights • Equal protection clause – Constitution applies to all citizens equally

9. Aim: How has the Supreme Court interpreted freedom of speech in different contexts? • Do Now: • Should artistic “freedom of expression” be regulated by the government? Why or why not? • The First Amendment does not protect obscenity, which is something “utterly without redeeming social value.” • Why is obscenity difficult to define from a legal standpoint?

10. I. The First Amendment During wartime freedom of speech can be limited if it represents “a clear and present danger” • This was established in the case of Schenck v. United States

11. a. Near v. Minnesota (1931) – No “prior restraint” of freedom of the press. b. New York Times Co. v. United States – The First Amendment allowed the newspaper to print the pentagon papers c. Hazelwood School District et al. v. Kuhlmeier et al (1988) – public school officials may impose limits on what is printed in school newspapers

12. II. Symbolic Speech • The Supreme Court ruled that some conduct is considered symbolic speech: an action or symbol designed to deliver a message. Is this symbolic speech protected? B. In Texas v. Johnson (1989), the Supreme Court ruled that flag burning is symbolic speech protected under the First Amendment

13. C. In Tinker v. Des Moines School District (1968), the Supreme Court ruled that students’ rights to free speech do not end at the school house gates.

14. D. In Morse v. Frederick (2007) – AKA “Bong Hits 4 Jesus Case”: Students’ rights to free speech do not extend to pro-drug messages

15. III. Controversial Decisions: A. National Socialist Party of America v. Village of Skokie (1978): The Supreme Court ruled that a Neo-Nazi group could march in a Jewish community, B. Virginia v. Black (2003): The Supreme Court ruled that cross burning is speech protected under the First Amendment C.Snyder v. Phelps (2011): Court ruled that the Westboro Baptist Church’s practice of picketing outside of the funerals of fallen soldiers is protected speech under the First Amendment.

16. What limits, if any, should exist to freedom of speech and of the press? • How should freedom of speech be interpreted in social networking?

17. “Congress shall make no law respecting an establishment of religion, or restricting the free exercise thereof.” –The First Amendment What does this statement mean?

18. Two clauses are derived from this statement: • Establishment clause: forbids govt. from setting up a state religion • govt. cannot show preference or pass laws that promote or aid religion • “separation of church and state” • Free Exercise Clause: protects the rights of individuals to worship or believe as they choose • The “Wall of Separation” was first mentioned by Thomas Jefferson. This is our concept of Separation of Church and State.

19. Question: • Can and should the government stay completely out of religious affairs? Explain.

20. Religion in Public Institutions – Some Debates: • School prayer or silent meditation • Creationism, intelligent design, and evolution • The Pledge of Allegiance • Prayers in Congress Are these an endorsement of religion?

21. The Supreme Court uses: • The Endorsement Test: Does the challenged law or govt. action have the purpose or effect of endorsing religion in the eyes of the community • The Lemon Test: from Lemon v. Kurtzman [1971]. • -any practice sponsored within state run schools must: 1) have a secular purpose, 2) must neither advance nor inhibit religion, and 3) must not result in an excessive entanglement between government and religion.

22. Cases Involving School Prayer: • West Virginia Board of Education v. Barnette (1943)– students cannot be forced to recite the Pledge of Allegiance • Engel v. Vitale [1962] - a voluntary, nondenominational prayer that was led by the school was unconstitutional • Abington School District v. Schempp [1963] – PA law that required students to read Bible verses and recite the Lord’s Prayer was unconstitutional. • Good News Club v. Milford Central School (1997) – Bible clubs can use school facilities after hours • Santa Fe Independent School District v. Doe (1999) – student initiated and led prayers at football games violate the establishment clause of the First Amendment

23. The School Voucher Question • Zelman v. Simmons-Harris (2002)- Ohio law providing VOUCHERS to send students to religious schools DID NOT VIOLATE ESTABLISHMENT CLAUSE.