Chapter 19: Civil Liberties-First Amendment Freedoms

Where do most public demonstrations tend to take place?

public places such as streets, sidewalks, parks, or public buildings; this can conflict with the normal use of these facilities or streets

How has the Supreme Court ruled on student speech?

public schools have a broad power to censor "school-sponsored expressive activities" including school newspapers and plays but school officials must show that their censorship is in the educational interest of the school

What do most Supreme Court rulings on the Establishment Clause involve?

religion and education

Equal Access Act of 1984

requires public high schools to let student religious groups meet at school; the Supreme Court has ruled that this law applies to grade schools as well in Westside Community Schools v. Mergens

Free Exercise Clause

the 1st Amendment clause that bans government from interfering with the free practice of an religion

How does the Constitution protect the rights of individuals against government?

the Constitution guarantees civil rights and civil liberties to the American people which are protected by laws established in the Bill of Rights and the 14th Amendment

Emerson v. Board of Education 1947

the Court allowed states to fund the bussing for parochial as well as public schools, as a safety measure

Yates v. United States

the Court ruled that is is not illegal to urge someone to believe something, but it is illegal to urge them to do something

What acts are not protected by the Free Exercise Clause?

the Free Exercise Clause holds that no government law or action can deny a person the right to hold any religious beliefs that they wish, however, no one has the right to break criminal laws, offend public morals, or threaten public safety while practicing their religion (ex. the Supreme Court limits the free exercise of religion by requiring the vaccination of schoolchildren, even if their religion opposes it)

Are government-sponsored chaplains, seasonal displays, or displays of the Ten Commandments constitutional?

the Supreme Court has given different rulings on displays, depending upon how they promote religion examples: 1. a Christmas tree sparkles in front of the California State Capital: the Court has ruled that "government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine" 2. a chaplain offers the opening prayer in both houses of Congress and most State legislatures: the Court has ruled that this practice, unlike organized prayer in public schools, is constitutionally permissible

Establishment Clause

the clause in the 1st Amendment that prohibits the government from establishing a religion

sedition

the crime of attempting to overthrow the government by force or disrupt it by violent acts

libel

the false and malicious use of printed words

slander

the false and malicious use of spoken words

process of incorporation

the manner in which the Supreme Court has interpreted the guarantees in the Bill of Rights as being part of the Due Process Clause

assemble

to gather with one another

What does "petition the government for a redress of grievances" mean?

to oppose policies by bringing one's views to the attention of public officials

Do news reporters have to testify in court?

yes, the Supreme Court has ruled under federal law that they must, even if it means revealing confidential sources

injunction

a court order

Are rights guaranteed in the Constitution relative or absolute?

relative, meaning U.S. citizens may exercise their own rights as long as they do not infringe upon the rights of others (ex. the right to free speech does not protect obscene language)

Gregory v. Chicago 1969

- a group marched from Chicago's city hall to the mayor's house to protest segregation in schools and a crowd of several hundred bystanders gathered to protest against and throw objects at the marchers - the police arrested the marchers for disorderly conduct when they refused to leave - the Court ruled that the violent bystanders, not the peaceful marchers, were disturbing the peace so the the marchers couldn't be punished

How has the Supreme Court ruled regarding the burning of the American flag?

- burning the American flag as an act of political protest is expressive conduct protected by the 1st and 14th Amendments - in its ruling in Texas v. Johnson, the Court argued that "If there is a bedrock principle underlying the 1st Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea itself offensive...we do not consecrate the flag by punishing its desecration, for in doing so we dilute the freedom that this cherished emblem represents"

What are some examples of assemblies and petitions?

- public demonstrations - interest groups - political parties - letters - lobbying - advertisements - peaceful marches/parades

Should states provide public financial aid to parochial schools?

- supporters argue that parochial students would otherwise be educated at public expense and that their parents pay taxes to support public schools - opponents argue that parents could send their children to public schools and that funding parochial schools amounts to government sponsorship of religious teaching

When are acts of dissent by speech punished?

1. if the object of the protest is within the constitutional powers of the government 2. if whatever restriction is placed on expression is no greater than necessary 3. if the government's real intent is not to prevent dissent

What are the three standards of the Lemon Test?

1. secular purpose 2. neutral toward religion 3. disentangled from religion

content neutral

a requirement that allows the government to regulate assemblies based on time, place, and manner of assembly but not on the basis of what might be said

Does the movie industry have as much protection as newspapers?

no, films can be censored

What assemblies or petitions does the Constitution not protect?

ones that endanger life, property, or public safety

picketing

patrolling a workplace while on strike

aliens

people who are not citizens of the country in which they live

Alien and Sedition Acts of 1798

punished government critics, expired before 1801

Which forms of media receive the least 1st Amendment protection?

radio and television, because such stations are licensed to broadcast their signals on publicly owned airwaves and therefore have no guaranteed 1st Amendment right to broadcast their material (instead they fall under the commerce power of Congress)

Zorach v. Clauson 1952

the Court ruled that public school students may be released during school to attend religious classes, but only if those classes are held in private places off school grounds (previously in McCollum v. Board of Education 1948, the Court ruled that public places could not be used by students for religious purposes)

What have all Court cases involving obscenity involved?

the Internet

Epperson v. Arkansas

the Supreme Court ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creation science

Children's Internet Protection Act

(CIPA) requires public libraries that receive federal money to use filters to block their computers' access to pornographic sites on the internet

Federal Communications Commission

(FCC) heavily regulates radio and TV; can refuse a license to stations that use indecent language

prior restraint

banning an idea before it is expressed (ex. preventing a newspaper from publishing articles)

What caused the creation of the 14th Amendment?

because the Bill of Rights applies only to the federal government, the 14th Amendment was created to extend the basic rights protected by the document to the citizens of all STATES

Why does the Supreme Court allow governments to require advance notice and permits for demonstrations on public property?

because the subject of a demonstration can lead to public arguments and violence

parochial

church-related

Due Process Clause

clause in the 14th Amendment that says no state can take away a person's life, liberty, or property without the due process of law; through the process of incorporation, the basic rights and liberties that the clause protects have been defined as including MOST, not all, of the protections in the Bill of Rights (speech and press included)

9th Amendment

declares that the people have rights beyond those specifically listed in the Constitution; some of the rights include the right of a person not to be tried on the basis of unlawfully gained evidence and the right of a woman to have an abortion

Why does the 1st Amendment guarantee free speech?

everyone has the right to hear what others have to say on public issues and only an informed populace can make good decision about public policy

symbolic speech

expressing an idea by one's conduct (ex. wearing a headband with a peace sign, picketing, burning the American flag)

civil liberties

freedoms protected against any unjust actions taken by the government (freedom of religion, speech, press, right to a fair trial, etc.)

civil rights

freedoms protected by positive actions taken by the government (laws banning discrimination such as the ones set out in the Civil Rights Act of 1964)

When is government censorship allowed?

if published material could endanger national security; the rule has been applied to censor material distributed in military bases and federal prisons or about the CIA

Why is obscenity considered a slippery slope?

it is hard to define (because it changes morals change with time and place) and is subjective

How does the Bill of Rights limit government in the United States?

it specifies individual rights and freedoms that government cannot violate, which is important in a democratic government

shield laws

laws protecting lawyers from giving up confidential sources

Communications Decency Act of 1996

made it a crime to "knowingly" transmit any "obscene or indecent" speech or image that is "patently offensive as measured by contemporary community standards" to any person under the age of 18; the law was found unconstitutional because its language was vague and denied adults materials protected by the 1st Amendment

Espionage Act of 1917

made it a crime to say, write, or publish disloyal comments about government (was based on opinion)

Smith Act of 1940

makes it a crime to urge or plan violent overthrow of the American government

What standards make up the three-part test to determine if something is obscene?

material is obscene if it: 1. incites lust according to local community standards 2. deals with sexual conduct banned in an anti-obscenity law 3. lacks serious literary, artistic, political, or scientific value

Is the right to free speech intended to protect the majority or minority view?

minority, because popular views need little or no constitutional protection

How do the rights of citizens differ from the rights of aliens?

most constitutional rights extend to all people in the United States, however the freedom of travel can be restricted to aliens, especially during wartime (in WWII people of Japanese descent were forced to relocate to internment camps)

commercial speech

most often refers to advertising; the government can ban false and misleading advertisements or the advertising of illegal goods and services (Congress has also banned tobacco ads on radio and television)

How has the Supreme Court limited that time, place, and manner of assembly?

- governments can decide when, where, and how assemblies can take place in order to keep the public peace - government rules must be specific and fairly administered - government rules must also be content neutral; they cannot regulate gatherings based on what might be said - the Supreme Court has ruled that judges and state laws may impose buffer zones limiting how close demonstrators may come to areas such as abortion clinics

Schenck v. United States

- important because the Supreme Court established the "clear and present danger rule" - words can be banned if there is a strong risk that they will encourage criminal activity - the Supreme Court stated that "words can be weapons" and therefore viewed as seditious speech

How has the Supreme Court ruled on assembly and petition cases?

- in general, the Court protects the right of PEACEFUL assemblies and petitions - governments have the right to set rules on how, when, and where assemblies can take place, including requiring permits - people do not have the right to trespass or to assemble or petition on private property

What is the federal government's stance on religion?

- it does not support a specific religion, but does encourage religion in general - most religious property and contributions to religions are not taxed - oaths of office, the national anthem, and U.S. currency make reference to God (because of tradition an precedent)

What is the purpose of the Lemon Test?

- it is a three-part test used to decide if a state law established religion - it is usually applied to determine if state aid to parochial schools is constitutional - the test comes from the 1971 Lemon v. Kurtzman case, where the Court struck down state financial aid to parochial schools in Pennsylvania - the Establishment Clause is meant to prevent "sponsorship, financial support, and active involvement of the sovereign in religious activity"

How does the Court usually rule regarding public aid for church-related schools?

- it usually finds it to be unconstitutional - it has banned using taxes to pay for teacher salaries, field trips, school districts set up for a religious community, or to reimburse parents for parochial tuition - the Court has allowed states to give tax deductions or tuition vouchers to parents who send children to private schools, which may include parochial schools

Do people have the right to assemble on private property?

- not without permission - no one has the absolute right to hand out leaflets or ask for petition signatures in a shopping mall, however, the courts can rule that shopping center owners should give permission for the reasonable exercise of the right to petition - the right to peacefully demonstrate on public property is constitutionally guaranteed, yet demonstrations on private property are not constitutionally guaranteed

According to the Supreme Court, how does the state-sponsored support of prayer in schools violate the 1st Amendment?

- the Court has found in seven major cases that the 1st Amendment requires the government to neither aid nor oppose religion, they must stay neutral - this means schools cannot sponsor religious exercises such as prayer - the Court has banned mandatory prayer to start school, the posting of the Ten Commandments in classrooms, and school-sponsored prayers at graduations and football games - students can pray as individuals in school and at school events

right of association

- the right to join with others to promote political, economic, and social causes - it has been upheld as a constitutional right by the Supreme Court - people cannot be fired for belonging to associations and do not have to reveal them to practice law - associations do not have to accept members if doing so would contradict the beliefs of the association - relative, not an absolute right

How can the judiciary balance individual rights with the common good?

1. Almost every day, the courts deal with cases in which individual rights and freedoms must be balanced with the common good. 2. For example, American citizens are guaranteed the right to free speech, but they cannot be allowed to use their freedom of speech to falsely shout "Fire!" in a crowded theater and thereby endanger the lives of others. 3. Some cases are simple, but others are far more complex, such as allowing people to freely practice their religion, even if it involves sacrificing animals in a place where animal cruelty is against the law. 4. To balance individual rights with the common good, the judiciary must evaluate each situation on a case-by-case basis, taking into account constitutional principles, established laws, and previous decisions of the Supreme Court and other courts. 5. The general rule throughout the history of the American judiciary has been to allow as much individual freedom as possible without endangering public safety or property or limiting the freedoms of others.

Which key documents were meant to guarantee rights to the American people?

1. Declaration of Independence: states that all men have unalienable rights and the governments exist to protect these rights 2. Preamble: states that the purpose of the American government is to "secure the blessings of Liberty" to the people 3. Articles 1 and 3 of the Constitution guarantee many key rights

Which provisions of the Bill of Rights are incorporated into the 14th Amendment's Due Process Clause?

1. freedom of speech 2. freedom of the press 3. freedom of assembly and petition 4. Free Exercise Clause 5. Establishment Clause 6. unreasonable searches and seizures 7. cruel and unusual punishment 8. right to counsel 9. self-incrimination 10. confront witness 11. speedy trial 12. obtain witnesses 13. trial by jury in criminal cases 14. double jeopardy

Why was religious freedom established?

1. it was supported because of rejection of government-sponsored churches 2. Thomas Jefferson wrote the "Virginia Statute for Religious Freedom" in 1786 which influenced the design of the 1st Amendment

What are the limits in the guarantees of free speech?

1. no person has the right to libel or slander another person 2. it is illegal to encourage others to commit a crime 3. laws (federal and state) can ban the use of obscene words, printing or distributing obscene materials, and false advertising

Which provisions of the Bill of Rights are NOT incorporated into the 14th Amendment's Due Process Clause?

1. right to keep and bear arms 2. quartering of troops 3. grand jury 4. trial by jury in civil cases

How does the 1st Amendment protect the freedom of religion?

1. the Establishment Clause bans Congress from passing any law to establish religion (separation of church and state) 2. the Free Exercise Clause bans Congress from preventing anyone from freely practicing their own religion 3. the 14th Amendment extends these bans to the state governments

What are the two fundamental purposes of the guarantee of free speech?

1. to guarantee EACH person a right of free expression, in the spoken and written word, and by all other means of communication 2. to guarantee to ALL persons a wide-ranging discussion of public affairs

Why are legislative prayers constitutional?

1. tradition, prayers have been held in the nation's legislative bodies since the founding of the Republic 2. legislators, unlike schoolchildren, are not "susceptible to 'religious indoctrination' or peer pressure"

Why is the case Gitlow v. New York important?

New York state had convicted Benjamin Gitlow of criminal anarchy for urging people to overthrow the government, and it was the first time that the Supreme Court ruled that the 1st Amendment right to free speech also extended to the states because of the 14th Amendment

Do you think your State Capitol should be allowed to display a Christmas tree during the holiday season?

YES: 1. The Court has ruled that government may celebrate Christmas, as long as it does not endorse the Christian doctrine. 2. A Christmas tree does not keep people from following their own religious beliefs and traditions, and it does not endorse the Christian doctrine. 3. Therefore, displaying one does not violate the Establishment Clause. NO: 1. The Christmas tree has long been associated with the Christmas celebration in the Christian religion. 2. Therefore, displaying a tree at the State Capitol can be equated with the government's favoring the Christian religion, unless other, similar symbols are displayed by the government to celebrate other religions as well.

Federal Communications Act

administered by the FCC, bans the use of indecent language on the radio and on network television, and may deny violators a renewal of their operating licenses

Virginia Statute to Religious Freedom

adopted in 1786 and drafted by Thomas Jefferson, this law was the immediate basis for the 1st Amendment as it provided absolute religious freedom in Virginia and declared that the State could not require that any person profess any set of religious beliefs nor support any religious institution

seditious speech

advocating sedition

civil disobedience

the act of violating the law in an intentional but nonviolent way to protest a law or public policy; courts have held as a general rule that civil disobedience is NOT a constitutionally protected right so those who take part must accept the legal consequences of their actions

What happens when rights come in conflict with eachother?

the courts decide the issue

Bill of Rights

the first ten amendments added to the Constitution which make up a general listing of the rights of the people; the Constitution would not have been ratified in 1791 without the promise of a Bill of Rights