Chapter 4 Civil Liberties

1. Chapter 4Civil Liberties

2. Thursday’s Reading Pages 93 - 102

3. 1.) FOUR liberties in 1st Amendment Freedom of press, speech, religion and assembly

4. 2.) States abiding by Bill of Rights • Don’t need to write all this… • “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” (14th Amendment) • This amendment NATIONALIZES the Bill of Rights

5. 3.) Religious Rights (2 types) Establishment Clause – Congress can’t make laws establishing a religion Free exercise Clause – prohibits the abridgement (restriction) of citizens’ freedom to worship OR not worship as they please

6. 4.) Lemon v. Kurtzman • Dealing with aid (money) to church-related schools • Must do the following: “Lemon Test” • a.) Have a secular purpose • b.) Have a primary effect that neither advances nor inhibits religion • c.) Not foster an excessive government “entanglement” with religion

7. 5.) Complications to Free Exercise • Religion sometimes forbid actions that society thinks are necessary; OR religions may require actions that society finds unacceptable. • multiple marriages • use of illegal drugs • resist military service • Amish sending students to public schools • More examples??

8. Multiple Choice Please refer to your student notes Question 1 Question 2 Question 3

9. Friday’s Reading Pages 102 - 112

10. 1.) Prior Restraint • Definition: CENSORSHIP • Gov’t preventing material from being published • Case protecting newspapers from censorship • Near v. Minnesota • Newspaper created a list of public officials – calling them gangsters, corrupt, etc.

11. 2.) Change in free speech Peace and wartime! Clear and present danger rule (Schenck case) – speech limited Smith Act 1940 – protecting nat’l security outweighed 1st Amendment After 1960s protest – speech more “free” when discussing war

12. 3.) Obscenity!!! NOT protected according to Roth v. United States

13. 4.) Winner of libel cases?? The person WRITING the negative words!!! Right to have the ability to criticize public officials Don’t want to bring attention to themselves

14. 5.) Symbolic Speech Burning a flag Wearing armbands to protest war Marching in a parade Actions not requiring speaking or writing Other ideas??

15. 6.) Restrictions on Press S.C. has NEVER restricted access to trials 1st Amendment entitles press to cover every trial

16. 7.) Commercial Speech • Communication in the form of advertising • Can be restricted more than any other speech • WHY??

17. 8.) Miami Herald and Red Lion Cases • Federal Communications Commission regulates content of radio and t.v. broadcasting • Miami Herald – a state could NOT force a newspaper to print replies from candidates it had criticized • Red Lion – court upheld restrictions on radio and t.v. • Restrictions tighter on those mediums b/c there are less options available than print media • Will probably never see these cases on exam – just be aware of the FCC involvement

18. 9.) Right to Assemble • Time, place and manner restrictions • Get a permit with local/city gov’t • Permission granted IF “time and place” allows the police to prevent major disruptions • Virtually NO restrictions on the content of group’s message • Good or bad??

19. 10.) Right to Associate • PART of freedom of assembly • Ability to associate with people who share a common interest • NAACP v. Alabama • State wanted names of NAACP members • Court found demand unconstitutional

20. Multiple Choice Question1 Question 2