Civil Liberties: First Amendment Freedoms

19.1 The Unalienable Rights19.2 Freedom of Religion19.3 Freedom of Speech and Press19.4 Freedom of Assembly and Petition

The Unalienable Rights

•A commitment to personal freedom is deeply rooted in America’s colonial past• The Revolutionary War was fought to

preserve and expand these very rights: the rights of the individual against government

Rights & LibertiesRights & Liberties

• The existence of government is justified in the preamble of the Const.• The Constitution guarantees the basic

rights of United States citizens in the Bill of Rights. (was not included at first)• Intended to limit national govt. power

Civil Rights & LibertiesCivil Rights & Liberties

•Civil Liberties: protections against govt.•Ex: freedom of religion, speech, press & guarantees of fair trial

Civil Rights & Liberties Civil Rights & Liberties cont.cont.•Civil Rights- positive acts of

government that seek to make constitutional guarantees a reality for all people• Ex: Prohibition of discrimination on

basis of race, gender, religious belief, or national origin- Civil Rights Acts 1964

Relativity of Individual Relativity of Individual RightsRights

•All persons have the right to do as they please as long as they do not infringe on the rights of others.•Ex: freedom of speech HOWEVER...you can be found guilty of using obscene language in public

Things that make you go hmmm...

• Is yelling fire in a crowded movie theatre your right to freedom of speech or can you be arrested?????•YOU CAN BE ARRESTED!!• Schenck v. United States, 1919- clear

and present danger

Who Are Guaranteed Who Are Guaranteed Rights?Rights?•Most rights are guaranteed to all persons.•Aliens (foreign-born residents, non-citizens) are covered by some rights.

??Question????Question??

•Can you name a time in history when constitutional rights were taken away from citizens in the U.S.?• Internment Camps (war relocation camps) for Japanese during WWII

Internment Camp

Internment Order

Scope of Bill of RightsScope of Bill of Rights

•States can and do limit certain rights.•Ex: right to bear arms- states require registrations & forbid certain guns

9th & 14th Amendment9th & 14th Amendment

•9th There are rights beyond those set out in the Constitution.•14th- Due Process Clause- states can’t deny rights.•Process of incorporation- incorporating Bill of Rights into 14th amendment

Gitlow v. New York, 1925

• Benjamin Gitlow- communist- convicted in state courts of criminal anarchy•Made several speeches and published a

pamphlet calling for a violent overthrow of govt.• Supreme Court upheld his conviction-

state law- unconstitutional and violated the 14th Amend.