Civil Liberties

First Amendment Freedoms

Two Types of Protections

1. Civil liberties- constitutionally based freedoms guaranteed to individuals – Example – Bill of Rights

2. Civil rights – Refer to positive acts of government protection against group discrimination

First Amendment

Freedom of Religion

Two Guarantees1. Establishment Clause2. Free Exercise Clause

Establishment ClauseThe court has consistently ruled

that a separation between church and state is required

“Wall of Separation” – JeffersonEngel v. Vitale

Free Exercise Clause

The gov’t cannot interfere with an individual’s belief of religion

Reynolds v. U.S (1879)Wisconsin v. Yoder (1972)

Freedom of Speech & Press

Is It “Speech”?

1. Shout “fire’ in a crowded movie theater?

2. Debate the value of nuclear arms with another citizen?

3. Sing the national anthem in a screeching manner at a National League baseball game?

4. Wear political symbols to school, such as a button that says “Down with America”?

5. Demonstrate peacefully in front of the White House?

6. Use sexually suggestive, but not obscene, language in a campaign speech for high school student council?

7. Not participate in reciting the “Pledge of Allegiance”?

8. Damage another person’s reputation by spreading false rumors?

9. Stage a march by the Ku Klux Klan?

10. Burn the American flag?

Types of Speech1. Pure Speech – Spoken words

only2. Speech Plus- Spoken words &

some activity ex. demonstrating3. Symbolic Speech- most

controversial – it involves no speech at all – Texas v. Johnson

Regulating Speech & Press 1. Sedition – Advocating or urging the

overthrow of the gov’t by force. “Clear and Present Danger”

2. Obscenity & obscene materials – “I know it when I see it” – No enduring or comprehensive definition Miller v. California

3. Slander/libel – false statements that are malicious and damage a person’s reputation

4. Commercial – advertisers not allowed to make false claims

5. Prior Restraint- gov’t prevents material from being published

6. Media – FCC regulates the content, nature, and very existence of radio and television broadcasting TV & radio regulated more than

newspapers & magazines

Freedom of Assembly & Petition

Freedom to meet, protest, march, picket, write letters of protest, and the right to associate with one another.

Limits on Assemblies

Gov’t can make & enforce reasonable rules covering the time, place, and manner of assemblies

Rights & Liberties Protected

1. Dec. Of Independence2. Constitution which

includes the Bill of Rights

#4 10-5-09 Journal

Should a sick child whose parents’ religion prohibits medical treatment be allowed to die? Why?