GOV 6 SEC 4

Libel and slander (restrictions on freedom of expression)

raise freedom of expression issues. These are issues that involve competing values. If public debate is not free, then there cannot be a democracy. On the other hand, some reputaions will be unfairly damaged in the process if there are not limitations. Libel, or the publication of statements known to be false, tends to damage a person's reputation, and slander spoken defamation, are not protected. The Supreme Court has held that statements regarding public figures are libelous only if made with malice and reckless disregard for the truth.

Commercial speech (restrictions on freedom of expression)

such as advertising is more restricted then expression of opinion or religious or political matters. Radio and TV are subject to more restrictions. The Federal Comminications Commision closely regulates radio and TV. In 2004, Janet Jackson made headlines for her Super bowl Halftime show performance with Justin Timberlake, he exposed Jackson's right breast. The event became a media controversy. The network was later fined.

Freedom of Expression

Also guaranteed by the First Amendment is the freedom of expression, which includes the right to free speech and freedom of the press. This allows individuals to express their beliefs without government restriction.

Gitlow v. New York

In 1925, in the case of Gitlow v. New York, the Supreme Court stated that some aspects of the First Amendment applied to the states. It ruled that the freedom of speech and the press were basic rights that could not be taken away by the states.

Defendant's Rights

Many of the rights in the Bill of Rights relate to the rights of the accused. The Fourth Amendment, which protects against unreasonable search and seizure, created the system in which a court must be given probable cause and then issue a warrant before someone's property can be searched. A warrant must state the area to be searched, and what is being sought in the search. Some questions regarding the Fourth Amendment deal with police searches and the use of probable cause. A police officer, for example, may search a vehicle during a traffic stop if they suspect something illegal is happening (such as drugs being present in the vehicle). Some argue that this is a violation of the Fourth Amendment. The Sixth Amendment guarantees that all defendants have the right to a jury trial (if accused of a crime punishable by at least six months of incarceration) and the right to an attorney, even if they cannot afford one. Originally, the right to an attorney only applied to federal courts. In 1932, the case of Powell v. Alabama added that states must provide attorneys to defendants charged with capital crimes, and later in 1963, in the case of Gideon v. Wainwright, the right to counsel was extended to all those charged with a felony. The Seventh Amendment guarantees a jury trial in civil cases where the value in controversy exceeds twenty dollars. The Eighth Amendment protects those convicted from receiving "cruel and unusual punishment," and also protects against unreasonably high bail amounts. It has often been questioned as to whether the death penalty falls in this category, but in the Supreme Court's ruling in the case of Gregg v. Georgia the Court stated that the death penalty is Constitutional. The Fifth Amendment also deals with issues of defendant's rights. Like the Fourteenth Amendment, the Fifth Amendment also contains a due process clause. This states that the government cannot deprive citizens of "life, liberty and property." All defendants have the right to a fair trial with a qualified judge, the representation of an attorney, and the right to be aware of the charges brought against them. The Fifth Amendment also prohibits forced self-incrimination - in other words, no one can be forced to confess to a crime, or say anything in questioning that will prove their guilt. The Fifth Amendment also protects defendants from double jeopardy - they cannot be tried for the same crime more than once.

incorporation doctrine

Nearly a century later, the Supreme Court began to hand down rulings that stated that the states must also give citizens the same rights that are guaranteed by the Bill of Rights. This legal concept, known as the incorporation doctrine, nationalized the Bill of Rights, making it so provisions of the amendments were applied to the states by using the Fourteenth Amendment

civil liberties freedoms

Our civil liberties include freedoms of assembly, religion and speech; and the rights to due process of law, a fair trial, privacy, and self-defense. Arguments over these liberties have arisen, and some have made it to the Supreme Court. Today, topics such as reproductive rights, same sex marriage, and possession of guns are controversial topics relating to civil liberties.

Freedom of Religion

Part of the first amendment deals with the freedom of religion. There are two important clauses associated with this freedom: the establishment clause and the free exercise clause. The establishment clause states that "Congress shall make no law respecting an establishment of religion." This means Congress cannot make any laws that create an official religion. The Supreme Court has also incorporated this to the states, and has ruled that this also restricts government sponsored agencies, such as schools, from sponsoring religious activities. The establishment clause has been the subject of several Supreme Court cases. In Lemon v. Kurtzman, the Supreme Court ruled that government aid to church-related schools must have a secular, or nonreligious purpose, cannot be used either to advance or inhibit religion, and should avoid excessive government entanglement in religion. This is known as the Lemon Test. Also in the cases of Engel v. Vitale and Abington School District v. Schempp, the court ruled that school sponsored prayer and Bible-reading was unconstitutional. The free exercise clause protects our freedom to worship as we please. It gives Americans the right to select their own religion and practice it as they feel appropriate. There are limits to this, however. The free exercise clause does not allow individuals to practice their religion in any way that is deemed illegal (such as using illegal drugs), that puts others' safety or health in jeopardy, or is considered publicly indecent.

Right to Assemble and Petition

The First Amendment also guarantees citizens the right to peacefully assemble, to protest the government, or to join organizations. Such organizations include interest groups, political parties, labor unions, and community organizations. The right to petition allows citizens to go to the government seeking some kind of change to be made. An example of this is a lawsuit filed against an action of the government.

Equal Protection Clause

The Fourteenth Amendment's Equal Protection Clause guarantees all citizens equal protection under the law. This was one way the Court justified incorporating the Bill of Rights Amendments to the states. Incorporation, however, has been done one amendment at a time, and not all of the Bill of Rights amendments have been incorporated.

Right to Bear Arms

The Second Amendment states that, "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." This amendment has not been incorporated to the states, and has yet to see a major court challenge. The language of it can be interpreted in many ways, which has resulted in much controversy. Some say it means that everyone has the right to own a gun; others feel it means that citizens belonging to a state organized militia (such as the National Guard) may own weapons so that they are ready to fight when called upon.

Obscene speech (restrictions on freedom of expression)

Vulgar or sexually explicit speech that deeply offends that standards of a community and has no political or artistic value.

Barron v. Baltimore

When the Constitution was written, each state constitution had its own bill of rights that outlined the freedoms for citizens in those states. When the Bill of Rights in the United States' Constitution was written, it was intended to limit the actions of the national government, not the states. In the 1833 case of Barron v. Baltimore, the Supreme Court ruled that this was the case - only the national government was limited by the Bill of Rights.

civil liberties

basic freedoms that are laid out in the Bill of Rights, or first ten amendments to the Constitution. Specifically, our civil liberties are legal and Constitutional protections against the government - they serve as a way of limiting the government's power to take away individual freedoms. Although these rights are stated in the Constitution, when the Supreme Court rules on cases involving the Bill of Rights, they are interpreting the meaning of these amendments. The Supreme Court has ruled, for example that there are certain limits to some of our freedoms.

Government can restrict the time, place, and manner of certain forms of speech. (restrictions on freedom of expression)

for example, a city could decide that a soundtrack blasting political messages at high volumes could not drive through a residential neighborhood late at night.