Civil Liberties {Freedoms}

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Civil Liberties Freedoms

• Amendment I

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• Civil Liberties come from Natural Rights. Natural
  Rights come from God or Nature

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Unalienable Rights

• John Locke Natural Rights
• Rights and freedoms that should be afforded to
  all humans
• Therefore HUMAN RIGHTS

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• What is the difference between civil liberties
  and civil rights?

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Civil Liberties are

• Protections against government

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Civil Rights are

• Protection by government from all others in
  society

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Limited Rights and Freedoms

• rights/freedoms are relative
• to the rights of others
• peace time vs. war time
• rights for immigrants/aliens (all persons)
• Should they have the same?

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Federalisms Complications

• Bill of Rights created to protect the citizens
  from the Central Government
• However The 14th Amendment declares
  constitutional protection from state governments
  too

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9th Amendment

• REMEMBER
• There are more rights than those listed in the
  constitution.

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• The 6 civil freedoms listed in the 1st amendment
  of the United States Constitution

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First Amendment

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof or abridging the freedom
  of speech, or of the press or the right of the
  people peaceably to assemble, and to petition the
  government for a redress of grievances.

1 2 3 4 5 6
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Freedom of Religion

• Not freedom from religion
• No government establishment of religion
• No governments arbitrary interference in the
  expression of religion

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Separation of Church and State

• Jefferson quote (not constitutional)
• Religion free from taxes
• Chaplains
• Congress opens in prayer
• Currency In God We Trust

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Religion and Education

• State pays for parochial busing (Everson v. Board
  of Education) 1947
• Released time (Zorack v. Clauson) 1952
• Religious groups can meet in school before/after
  class

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However

• The Supreme court has handed down many rulings
  (precedents) for schools in the past 60 years to
  insure separation of church and state

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Prayer/Bible reading

• No prayer in school - even if considered
  voluntary (Engle v. Vitale)
• No reading from the bible or prayer to start the
  day (Abington school District v. Schempp)
• No Ten Commandments can be posted in school
  (Stone v. Graham)

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Prayer/Bible reading

• No meditation or moment of silence at the
  beginning of each day, Wallace v. Jaffree 1985
• No prayer as part of graduation (Lee v. Weisman)

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Prayer/Bible reading

• No student lead prayers at sporting events like
  football games. (Santa Fe ISD v. Doe) 2000

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However

• There has been no ruling on the use of the Bible
  as a literary or historical source in schools.

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Evolution Being Taught

• 1925 Scopes Monkey Trial
• Must be able to teach (1968)
• Some schools can force creation science if they
  teach evolution.

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The Lemon TestWhen is government involvement
with religion OK?

• Must clearly have a secular purpose (tradition)
• Can not enhance nor inhibit religion
• Avoid an excessive entanglement of gov/relig

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Free Exercise Limits

• No polygamy (Reynolds v. US)
• Vaccination (Jacobson v. Mass.)
• Forbid poisonous snakes (Bunn v. N. Carolina)
• Must obey child labor laws (Prince v. Mass.)
• stop

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What can you remember about the 2 religious
clauses in the 1st Amendment?
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Freedom of Speech

• Protects unpopular views
• There are restrictions
• Libel- false, malicious printed words
• Slander- false, malicious spoken words

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Seditious Speech

• Advocating or urging the disruption of legal
  governmental duties by force or violent acts.
• John Adams, WWI
• Schenk v. U.S. O.K. -War

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Obscenity Free Speech

• Not constitutional
• Outlawed in the mail
• However, what is obscenity?

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Miller v. California Defines Obscene

• Average person thinks it appeals to prurient
  interest
• Prurient lustful
• Patently offensive
• Lacks serious literary, artistic, political or
  scientific value.

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Symbolic Speech

• Facial expression, or armband, etc.. (Tinker v.
  Des Moines School District) 1969
• Burn draft cards (U.S. v. OBrian) 1968
• Burn the American Flag (Texas v. Johnson) 1989

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Freedom of Press

• No solid source confidentiality
• State shield laws do protect some confidentiality
  (30 states)
• Radio and television use public airwaves
  (property) therefore more regulations (less
  freedom)

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Freedom of Assembly

• Only regulate time, place, and manner not
  content!
• Not true on Private Property
• ex. Shopping malls
• States rule on these matters

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Freedom of Petition

• Write to the government and tell them how you
  think the government should do certain things,
  even if it is the opposite of the government

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HEY, YOU!!!

• Do you know your civil freedoms?
• Or
• Are they being violated by government
  institutions?

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The End