Exploring Civil Liberties and Unalienable Rights in American Government

1. Civil LibertiesAmerican GovernmentFall 2015 First Amendment Freedoms The Unalienable Rights Freedom of Religion Freedom of Speech and Press Freedom of Assembly and Petition http://www.google.com/search?q=civil+liberties&safe=active&client=firefox-a&hs=VqB&rls=org.mozilla=civil+liberties+pictures&facrc=_&imgdii=_&

2. The Unalienable Rights http://www.teresaherrin.com/vi-civil-rights-civil-liber/

3. Questions? • Are we all born with certain rights? (For example) • In your opinion, does the United States recognize the individual rights of all its inhabitants? • Are all men created equal, with certain unalienable rights including: Life, liberty, and the pursuit of happiness? http://www.solution-thinking.com/

4. A commitment to freedomThe national Constitution guarantees both rightsand liberties to the American people • Civil Liberties • Can be observed as protections against government. • Example: • Freedom of religion, speech, press, and the guarantee of a fair trial. • Civil Rights • Can be observed as positive act of government to make constitutional guarantees a reality. • Example: • Civil Rights Act of 1964 - The prohibition of discrimination on the basis of race, sex, religion beliefs, and national origin.

5. Limited Government • The United States has a limited form of government. • All governments exercise authority over individuals, but to what extent that authority is put to use is what distinguishes governments from one another. • Question, What are differences between democratic and dictatorial governments?

6. Rights are Relative, not absolute • Simply, all persons have the right to do as they please as long as they do not infringe on the rights of others (each person’s rights are relative to the rights of every other person). Examples for discussion: • We all have the right to freedom of speech, but can we yell FIRE! In a crowded theater or scream obscenities in a public setting? • Should people be allowed to smoke in a restaurant or be made to go outside? • Do I have the right to throw a rock in the air if I am in the middle of a crowded area?

7. When Rights Conflict • When guaranteed rights come into conflict with one another. • The freedom of the press vs. the right to a fair trial. Example: • You commit a terrible crime, it is all over the TV news and papers. Will your right to a fair trial be jeopardized?

8. To whom are rights guaranteed? • Most Constitutional rights are guaranteed to all persons regardless of citizenship. • However, not all rights are given to non-citizens (Aliens-person not a citizen of the country they are living in). Example: • The Right to travel freely throughout our country is a guarantee to all citizens, but aliens have restricted travel. • Lets discuss the Japanese situation during WWII and compare it to today’s concerns over Muslim people and those of middle eastern descendant. • https://www.aclu.org/immigrants-rights/know-your-rights-sb1070-supreme-court-ruling-and-alabamas-anti-immigrant-law

9. Freedom of religion http://www.thestar.com/opinion/commentary/2013/03/10/freedom_of_religion_and_freedom_of_speech_often_in_tension.html

10. Freedom of ExpressionTwo guarantees of religious freedom: Free Exercise Clause • Guards against the government interfering in the exercise of any religion. • In effect, freedom for religion. Establishment Clause • Guards against establishing a mandated religion. • In effect, freedom from religion

11. A Separation of Church and Statewall of separation? • However, the government supports churches and religion in a variety of ways, including tax exemption. • Church and government are constitutionally separated from one another.

12. Religion and Education • The Supreme Court has had to consider many Establishment Clause cases that involve religion and education.

13. The Lemon Test • The LemonTest is based on Lemon v. Kurtzman, 1971 • The purpose of the aid must be nonreligious. • The aid can neither advance nor inhibit religion. • Aid must not excessively entangle the government with religion.

14. The Free Exercise Clause Free Exercise Upheld • The Court has found many government actions to be counter to theFree Exercise Clause. • Examples: • Amish children cannot be forced to go to school after grade 8 • Ministers are allowed to hold elective office • Unemployment benefits cannot be denied to someone who quit their job because of religious beliefs Limits • Actions that violate social duties or disrupt social order are not covered under theFree Exercise Clause. • Examples: • Bigamy • Using poisonous snakes during religious ceremonies • School children who have not been vaccinated

15. Freedom of speech and Press http://www.truthliesdeceptioncoverups.info/2014/03/the-importance-of-free-press-and.html

16. Something to consider In the United States: • The freedom of speech is fundamental to our form of democracy. • However, The Supreme court recognizes some limitations to our freedom of expression, including: • Certain kinds of speech like sedition and obscenity http://www.google.com/search?q=the+freedom+of+speech&safe=active&client=firefoxq=the+freedom

17. Free Speech and Press • Two (2) important purposes are served within the 1st and 14thamendments’ guarantee of free speech and press: • The right of free expression in the spoken or written word, or by other means of communication. • (Intended to protect the expression of unpopular views) • The right to full, wide-ranging discussion of public affairs • (i.e., all people have the right to have their say and to hear what others have to say) Keep this in mind: • The guarantee of free speech and press are intended to protect the expression of unpopular views. • Some forms of expression are not protected by the Constitution. Many reasonable restrictions can be placed on your rights of free speech/press. • Remember: The Constitution does not protect your freedom of speech should you shout “FIRE!” in a crowded theater. http://watchdog.org/152251/nm-a-freedom-of-expression-policy-at-nm-college-comes-under-fire/

18. Forms of Expression not protected by the Constitution • No person has an unbridled( unrestrained/ uncontrolled) right of free speech or free press. • Libel: False and malicious use of printed words. • Example: Should you publish a piece that falsely represents another individual or business and this may/or may not lead to potentially harming their reputation and/or impact the way they earn a living. • Slander: False and malicious use of spoken words. • Example: Should you say something that falsely represents another individual or business and this may/or may not lead to potentially harming their reputation and/or impact the way they earn a living. Remember: For the above two situations to be actionable, statements must be presented as fact to be consistent with defamation. Question: Why is commentary made by the Onion and the Daily Show not consistent with defamation?

19. Free Speech or Sedition? • Seditionis the crime of attempting to overthrow the government by force or to disrupt its lawful activities via violent acts. • Seditious speech: Advocating or urging previously mentioned conduct (Not protected by 1st Amendment) • What are some acts, conduct, and/or speech that may be considered seditious? • Is questioning or telling people not to believe or follow the President considered sedition? • Is stating in public that you wish to create a new and better government than the one we have presently considered seditious?

20. Free Speech or Sedition?How the U.S. has confronted these issues in the past • The Sedition Act of 1917 • enacted during World War I as part of the Espionage Act of 1917. • This Act made it a crime to encourage disloyalty, interfere with the draft , and incite insubordination within the armed forces. • Additionally, this act made it criminal to utter, print, write, or publish any disloyal, profane, and abusive language about the U.S. form of government. • Over 2,000 people were convicted as a result of the Espionage Act • Note: The Espionage Act was last made use of in a significant way when the U.S. sought to prosecute members of WikiLeaks. • The Alien and Sedition Acts of 1798: • Enacted to give the president the power to deport undesirable aliens • Made false , malicious, and scandalous criticism of the government a crime. ( these acts were meant to suppress opponents of president John Adams) • Unconstitutional, these acts led to the arrest of 25 people (10 of whom were convicted) • After becoming President, Thomas Jefferson pardoned those who had been convicted under these acts.

21. Free Speech or Sedition?How the U.S. has confronted these issues in the past (Cont.) • The Smith Act of 1940, • Legally know as the Alien Registration Act of 1940, 18 U.S. Code § 2385 (2000) • Still present today, this act was passed one year prior to U.S. involvement in World War II • The Smith Act makes it a crime for anyone to advocate the violent overthrow of the government of the United States, to belong to a group with such aims, and to distributes materials that teaches or advises violent overthrow. • Dennis v. United States (1951). The Supreme Court upheld the Smith Act regarding 11 Communist Party leaders who advocated the overthrow of the Federal Government.

22. Free Speech or Obscenity • The 1st and 14th Amendments do not protect obscenity, however, our courts had had to deal with strong questions that arise as a result of the appearance of censorship. • Miller v. California (1973) Vacated and Remanded by SCOTUS The lead case in this debate has seen the Court administer a three part test to determine what material is obscene and which is not: A book, film, recording, or other pieces of material is considered legally obscene if: • The average person, applying local community standards, finds that the work, as a whole, tends to excite lust. • The work depicts or describes in a patently offensive way • The work, taken as a whole, lacks serious literary, artistic, political, or scientific value

23. Prior Restraint • Prior Restraint: The government cannot curb ideas before they are expressed. • Legally Expressed: judicial suppression of material that would be published or broadcast, on the grounds that it is libelous or harmful. In US law, the First Amendment severely limits the ability of the government to do this. The rule against prior restraint does not apply to the publication of student-operated school newspapers. In Hazelwood School District v. Kuhlmeier, 484 U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 592 (1988), the Supreme Court upheld a public school principal's decision to remove certain controversial material from the school newspaper. The principal based his decision on fears that the articles on teen pregnancy and divorcewould allow students to identify classmates who had encountered such difficulties. Justice byron r. white ruled that educators did not "offend the First Amendment by exercising editorial control … so long as their actions are reasonably related to legitimate pedagogical concerns."

24. The Media • The court held that any special exemptions extended to the media would have to come from Congress and/or State legislatures. • No action has come from Congress, however, a number of States have passed shield laws meant to protect reporters from disclosing sources or confidential information in the court proceedings held in those states. • To what extent can the media (print or electronic) be regulated by the government? • Can news reporters be forced to testify before a grand jury or a legislative committee? • Can the government require journalist to name sources and/ or reveal other confidential information? • Back in 1972, (Branzberg v. Hayes) the Supreme Court ruled that a journalist had no right to refuse testimony where he or she had witnessed criminal activity. The Court also held that a journalist who fails to comply with a subpoena can be held in contempt of court and fined or even sent to jail.

25. Symbolic Speech • Tinker v. Des Moines, 1969. 393 U.S. 503 • Symbolic speechis expression by conduct. • Picketing, the patrolling of a business site by workers on strike, is a prevalent form of symbolic speech. • Supreme Court rulings show that the blanket of symbolic speech covers only so much. It does not cover destroying draft cards (United States v. O’Brien, 1968), but it does encompass flag burning (Texas v. Johnson, 1989, and United States v. Eichman, 1990).

26. Commercial Speech • Commercial Speech is speech for business purposes, usually advertising. • For many years, it was believed that the 1st and 14th amendment guarantees did not protect advertising. • In a handful of decisions in the 1970s, the Court held that advertising was protected, but not without exceptions. • Exceptions include: barring false and misleading advertisement, advertising illegal goods or services, and the promotion of tobacco products on the radio or television.

27. Freedom of Assembly and Petition

28. Freedom of Assembly and Petition • http://www.glancingweb.com/2212/freedom-of-speech-blue-dream • How does the Constitution guarantee the freedoms of assembly and petition? • How can the government limit the time, place, and manner of assembly? • How do public and private property affect freedom-of-assembly issues? • How has the Supreme Court interpreted freedom of association?

29. The Constitution’s Guarantees The Constitution guarantees “…the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” • The right to assemble, or gather with one another to express views. • The right to bring views to the attention of public officials. http://wlcentral.org/category/content-topics/freedom-assembly

30. Time-Place-Manner Regulations • The government can make and enforce rules regarding the time, place, and manner of assemblies. • An example of such a rule is that public areas near schools and courthouses are restricted. • The government’s rules must be content neutral. They can place restrictions on the basis of the time, place, and manner of the assembly, but not on what the assembly is trying to say. http://www.motherjones.com/road-trip-blog?page=8

31. Public Property

32. Private Property • http://dailytheology.org/2013/04/29/a-theological-history-of-private-property/ The rights of assembly and petition do not give people a right to trespass on private property. States can interpret their constitutions to require owners of private property, such as shopping centers, to allow people to petition on their property.

33. Freedom of Association • http://www.ztopics.com/Freedom%20of%20association/ • The guarantees of freedom of assembly and petition include a right of association—the right to associate with others to promote causes. • The freedom of association also means that a State cannot force an organization to accept members when that association would contradict what the organization believes in.

34. Civil Liberties • “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” -Benjamin Franklin

35. References "Alien and Sedition Acts: 1798." Great American Trials. (2002). Retrieved from Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-3498200036.html Alien Registration Act of 1940 (Smith Act) 18 U.S.C.§ 2385 (1940) Branzberg v. Hayes, 408 U.S. 665 (1972) Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000e et seq (1964). Cox v. New Hamphire, 312 U.S. 569 (1941) Dennis v. United States, 341 U.S. 494 (1951) Gregory v. Chicago, 394 U.S. 111 (1969) Hazelwood School District v. Kuhlmeier et al., 484 U.S. 260 (1988) Hill v. Colorado, 530 U.S. 703 (2000) Lemon v. Kurtzman, 403 U.S. 602 (1971) Miller v. California, 413 U.S. 15 (1973) Texas v. Johnson, 491 U.S. 397 (1989) United States v. Eichman, 496 U.S. 310 (1990) United States v. Obrien, 391 U.S. 367(1968)