Download Civil Liberties - Algonac Community Schools

Bell Work: 5/6
• What is the difference between civil liberties
and civil rights?
*Just write down the question and we will
answer it after we go over the notes for this
section!
Civil Liberties:
Unalienable Rights 19.1
A Commitment to Freedom:
• A commitment to personal freedom is deeply
rooted in America’s colonial past.
• Their commitment to freedom took root here,
and it flourished.
- Revolutionary War was fought to preserve
and expand those very rights.
• Framers included many individual rights in the
Constitution, as well as in the Bill of Rights.
• The Constitution guarantees both civil rights
and civil liberties to the American people.
• Civil Liberties: Protection against the
government.
*Religion
* Press
*Speech
• Civil Rights: Positive acts of government that
seek to make Constitutional guarantees a
reality for all people.
* Prohibition of discrimination on the basis of
race, sex, and religious beliefs.
Limited Government:
• The U.S. government is a limited government.
- Constitution is filled with example of this
fact. (guarantees of freedom, or restriction on
the power of government).
• All governments have and use authority over
individuals.
• The biggest difference is the extent of
authority. (Dictatorship = almost unlimited.)
• “Rights are relative, not absolute”.
-although the Constitution guarantees many
different rights to everyone in the U.S., no one
has the right to do anything he or she pleases.
(ex:) Everyone has the right of free speech, but
no one enjoys absolute freedom of speech.
* A person can be punished for using foul
language.
* Using words in a way to get someone to
commit a crime. (riot)
When Rights Conflict:
• Sometime different guarantees of rights come
into conflict with one another.
(ex:) Right to a fair trial, and freedom of the
press. (Sheppard v. Maxwell, 1966)
To Whom Are Right Guaranteed?:
• Most constitutional rights are extended to all
persons.
• The Supreme Court has often held the term
“persons” covers aliens as well as citizens.
- Not all rights are given to aliens.
(ex:) The right to travel freely throughout the
country is extended to citizens only.
Federalism and Individual Rights:
• Recall the term federalism. This is when power
is shared between the federal and state
governments.
• Federalism can also create problems involving
guarantees of individual rights in the U.S.
The Bill of Rights: The first 10 amendments to
the Constitution were intended to be a
restriction on the new national government,
not on the States.
The 14th Amendment:
• However, this doesn’t mean States can deny
people their basic rights.
Reasons Why:
1.) States have their own Constitutions in which
they guarantee rights.
2.) 14th amendment’s due process clause.
• Due Process Clause: No State shall deprive
any person of life, liberty, or property without
due process of law.
Freedom of Religion:
19.2
Freedom of Expression:
“ Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof. ”
- U.S. Constitution
• Religion has always played an important role
in American life.
• Many of the early colonist and many later
immigrants came here to escape persecution.
• The 1st and 14th amendments set out two
guarantees of religious freedom.
• These guarantees prohibit:
1. an establishment of religion.
(Establishment Clause)
2. interference by government in the “free
exercise” of religion.
(Free Exercise Clause)
Separation of Church and State:
• The Establishment Clause sets up, a wall
between church and state.
• However, our government has done much to
encourage churches and religion.
- churches don’t pay property taxes
- don’t pay income taxes.
-public officials take an oath of office.
-both houses open with a prayer.
Religion and Education:
• The Supreme Courts first direct ruling on the
Establishment Clause came in Everson v. Board
of Education (1947)
- tax dollars supporting the bussing of
parochial school student’s.
• Since this case, most cases involving the
Establishment Clause, have involved religion
and education.
(ex:)
1. release times2. school prayers3. student religious group4. evolution5. aid to parochial schools-
The Lemon Test:
• The Supreme Court has been working through
many cases involving State aid to parochial
schools.
• In most of these cases, the Court now applies the
Lemon test.
Lemon test:
1. Purpose of aid must be secular, not religious.
2. Primary effect shouldn’t advance or inhibit religion.
3. It must avoid “excessive entanglement of government
with religion”.
Other Establishment Clause Cases:
• Religious displays during holiday seasons.
(ex:) nativity scene at city and state office
buildings.
• Chaplains opening sessions of Congress with a
prayer.
- Supreme Court allows this.
• Public displays of the ten commandments.
Free Exercise Clause:
• The second part of the constitutional
guarantee of religious freedom is set out in
the Constitution’s Free Exercised Clause.
• Free Exercise Clause: people have the right to
believe in whatever he or she chooses.
– No law or action by government can violate this
right.
– Protected by both the 1st and 14th amendment.
Limits on Free Exercise:
• The Court has approved many regulations on
the Free Exercise Clause.
- upheld law that requires vaccinations of
schoolchildren.
- forbid the use of poisonous snakes in
religious services.
Free Exercise Upheld:
• State cannot forbid ministers to hold elected
office.
• Refusal to salute the flag, or say the pledge.
(ex:) Minersville School District v. Gorbitis
-court first ruled against Gorbitis
- 3 years later, it reversed its decision.
Bell Work: 5/7/13
• Explain the difference between the
establishment clause and the free exercise
clause.
Freedom of Speech and Press:
19.3
Free Expression:
• The guarantees of free speech and press in the 1st
and 14 amendment serve two fundamental
purposes:
1. free expression in the spoken and written
word.
2. guarantee all persons the ability to have a
voice in public affairs.
• Basically, the 1st and 14th amendment gives
people the right to have their say and the right to
hear what others have to say.
Freedom of Speech:
• A couple things to think about as we cover this
section:
1. The guarantees of free speech and press
are intended to protect the expression of
unpopular views.
2. No person has the absolute right of free
speech and press.
ex: libel and slander.
• LIBEL AND SLANDER: occur when a person or
entity communicates false information that
damages the reputation of another person or
entity
-Libel: occurs when the false and defamatory
communication is written.
-Slander: occurs when the false and
defamatory communication is spoken.
• This law also includes the use of words to
prompt others to commit a crime (riot, or
overthrow the government.
Seditious Speech:
• Sedition: crime of attempting to overthrow
the government by force. (violent acts)
• Seditious speech: is the advocating, or urging
the overthrow of a government, or violent
acts against the government.
• The Alien and Sedition Act: (1789) gave the
President the power to deport undesirable
aliens. Also made false criticism of the
government a crime.
• Sedition Act of 1917: Passed during WWI, made
it a crime to encourage disloyalty, interfere with
the draft, hinder the sale of government bonds,
and so on…
-more than 2000 people convicted.
• Smith Act of 1940: Makes it a crime for anyone
to:
1. Advocate the violent overthrow of the
government.
2. Distribute material that teaches or advises an
overthrow.
3. Belong to a group that aims to overthrow the
government.
Obscenity:
• The 1st and 14th amendment do not protect
obscenity.
• In recent years, the Court has had to decide what
is obscene.
• Today, they usually use this three part test to help
them determine what is and isn’t obscene.
1. Does the work excite lust?
2. Is it offensive to the average person?
3. Does the work lack artistic value?
Prior Restraint:
• Prior Restraint: prohibits government from
banning expression of ideas prior to their
publication.
- only used in very rare cases.
ex: times of war, incites readers to
acts of violence.
* Hazelwood School District v. kuhlmeier (1988)
Media:
• The media is very important in a free society.
• This has caused many to question the extent
the media can be regulated by the
government.
-Confidentiality (Shield laws)
-Radio and television
Symbolic Speech:
• People can communicate ideas by conduct, or
by the way they do things.
• This is called symbolic speech, and is
somewhat protected by the 1st amendment.
ex: -picketing (accepted and protected)
-flag burning (accepted and protected)
-burning draft cards (not protected)
Bell Work:
• Explain how slander and libel are similar. How
are they different?