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American Government

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American Government Chapter 19 Notes Civil Liberties: First Amendment Freedoms Section 1 The Unalienable Rights A Commitment to Freedom Personal freedom is deeply ... – PowerPoint PPT presentation

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Title: American Government


1
American Government
  • Chapter 19 Notes
  • Civil Liberties First Amendment Freedoms

2
Section 1
  • The Unalienable Rights

3
A Commitment to Freedom
  • Personal freedom is deeply rooted in Americas
    history
  • Constitution and Bill of Rights reinforce
    personal freedom
  • Fight for civil liberties and civil rights
  • Protections against the government
  • Right to participate in Government

4
Limited Government
  • Difference between democracy and dictatorship is
    the extent of power over personal freedom
  • Rights are Relative, not Absolute
  • Right to do as they please so long as you do not
    infringe on the rights of others
  • When Rights Conflict
  • Fight of freedom of press versus the right to a
    fair trial
  • To Whom are Rights Guaranteed?
  • Extends to all persons, and even aliens
  • non-citizen individuals
  • However, aliens do have some restrictions such
    travel

5
Federalism and Individual Rights
  • The Bill of Rights
  • The first ten amendments were intended to
    restrict the new national governments power
  • The Modifying Effect of the 14th Amendment
  • States cannot deny basic rights because of the
    Due Process Clause of the 14th Amendment
  • No state can deny any person any right that is
    basic or essential to the American concept of
    ordered liberty.
  • Process of Incorporation
  • Merged, or combined, the bill of rights in the
    14th amendment

6
The 9th Amendment
  • Many rights are not explicitly stated in the
    Constitution
  • The enumeration in the Constitution, of certain
    rights, shall not be construed to deny or
    disparage others retained by the people. 9th
    Amendment

7
Section 2
  • Freedom of Religion

8
Freedom of Expression
  • Religion has always played a large and important
    role in American life
  • 1st and 14th amendments prohibit the
    establishment of religion (Establishment Clause)
    and interference by the government in the free
    exercise of religion

9
Separation of Church and State
  • States that there needs to be a wall of
    separation between church and the state
    (Government)
  • Originally defined by Thomas Jefferson
  • Government has encouraged churches through no
    taxation, taking oath of office in the name of
    God, coins, and nations anthem
  • However, parochial schools are religious schools,
    and they are not under the rules of DESE
  • Example, Catholic High School

10
Religion and Education
  • In Everson v. Board of Education, law requiring
    the public to pay for buses (even parochial
    buses) was against the establishment clause
  • Released Time
  • Allowed public schools to release students during
    school hours to attend religious classes on
    school grounds
  • Considered illegal by the Supreme Court

11
Religion and Education (Cont)
  • Prayers and the Bible
  • Continually the Supreme Court has held that the
    requirement of prayer to be unconstitutional
  • Including before a public school graduation or
    football game
  • Student Religious Groups
  • Students are allowed to create religious groups
    at schools, as long as they are supported similar
    to other student groups at the school
  • Evolution
  • Cannot forbid the teaching of evolution

12
Religion and Education (Cont)
  • Aid to Parochial Schools
  • Whether or not states should provide funding for
    private religious school districts
  • The Lemon Test
  • Purpose of the aid is clearly secular, not
    religious
  • Its primary effect neither enhances or inhibits
    religion
  • It avoids an excessive entanglement of government
    with religion
  • However, not completely clear cut from Supreme
    Court

13
Other Establishment Clause Cases
  • Seasonal Displays
  • Supreme Court has held that public organizations
    can put up Christmas decorations, as long as they
    show other religious symbols as well
  • ACLU continually attacks this issue
  • Chaplains
  • Legislative meetings can begin with prayer
    because
  • tradition
  • Legislators are not like school children and are
    not susceptible to religious indoctrination or
    peer pressure

14
The Free Exercise Clause
  • Guarantees to each person the right to believe
    whatever he or she chooses to believe in matters
    of religion
  • However, one cannot violate criminal laws, offend
    public morals, or otherwise threaten the safety
    of the community
  • Limits on Free Exercise
  • Multiple cases involving the restriction of
    individual freedom

15
The Free Exercise Clause (Cont)
  • Free Exercise Upheld
  • The government is limited on restricting
    individual freedoms
  • Amish only go to school till 8th grade
  • Jehovah witnesses have the right to not salute
    the U.S. flag

16
Section 3
  • Freedom of Speech and Press

17
The Free Exchange of Ideas
  • 1st and 14th amendments provide certain
    fundamental rights
  • Each person a right of free expression in all
    means of communication
  • Guarantee to all person a full, wide ranging
    discussion of public affairs

18
The Free Exchange of Ideas (Cont)
  • Americas governmental system depends on the
    ability of the people to make sound, reasoned
    judgments and decisions
  • Used to protect unpopular views
  • However there are restrictions, especially
    concerning libel and slander
  • false and malicious use of printed words
  • false and malicious use of spoken words

19
Seditious Speech
  • Sedition is the crime of attempting to overthrow
    the government by force or to disrupt its lawful
    activities by violent acts
  • Seditious speech is the advocating or urging, of
    such conduct
  • The Alien and Sedition Acts
  • Ability to deport undesirable aliens in 1798
  • However eventually found unconstitutional

20
Seditious Speech (Cont)
  • The Sedition Act of 1917
  • Ability of the government to charge individuals
    who tried to interfere with the war effort
  • Established Clear and Present Danger
  • The Smith Act of 1940
  • A crime for anyone to advocate the violent
    overthrow of the government of the United States
  • Parts of the act are still used today

21
Obscenity
  • Can be considered obscene if
  • The average person find that the work tends to
    excite lust
  • Depicts or describes a form of promiscuity
  • The work taken as a whole, lacks serious
    literary, artistic, political, or scientific value

22
Prior Restraint
  • Punishment of words said or written after they
    are made
  • Basically used as a form of censorship

23
The Media
  • Confidentiality
  • In theory, reporters are to give up their
    sources, if requested by the courts
  • However, some states have passed shield laws
  • Allow reporters to maintain their confidentiality
  • Motion Pictures
  • No longer do towns have censorship committees
  • Most individuals use the industrys own rating
    system

24
The Media (Cont)
  • Radio and Television
  • Most often the form of communication with the
    highest amount of restrictions
  • The FCC is the government agency in charge of
    regulating the decency of radio and television

25
Symbolic Speech
  • Expression by conduct communicating ideas
    through facial expressions, body language, or by
    carrying a sign or wearing an arm band
  • Example Picketing
  • patrolling of a business site by workers who are
    on strike

26
Symbolic Speech (Cont)
  • Other Symbolic Speech Cases
  • Acts of dissent can be punished if
  • the object of the protest is within the
    constitutional powers of the government
  • whatever restriction is placed on expression is
    no greater than necessary in the circumstance
  • governments real interest in the matter is not
    to squelch dissent
  • Flag Burning
  • Courts found it to be constitutional

27
Commercial Speech
  • Advertising for businesses is sometimes protected
  • Example
  • Cigarette and drinking commercials during college
    basketball games

28
Section 4
  • Freedom of Assembly and Petition

29
The Constitutions Guarantees
  • The Constitution protects the right of people to
    assemble peacefully
  • Gather with one another

30
Time-Place-Manner Regulation
  • The government is allowed to put reasonable
    regulation on the right to assemble
  • The governments regulations must also be content
    neutral
  • Cannot regulate assemblies on the basis of what
    might be said there

31
Public Property
  • Most assemblies, or demonstrations, take place on
    public property
  • Thus many times, demonstrations are restricted to
    specific parts of public property, and must give
    advanced notice
  • In order to help maintain order and control
  • Gregory V. Chicago
  • As long as demonstrators act peacefully, they
    could not be punished for disorderly conduct
  • Recent Cases
  • Mostly dealing with abortion and groups trying to
    dissuade women from having or receiving advice on
    abortions

32
Private Property
  • The rights of assembly and petition do not give
    people a right to trespass on private property,
    even if they wish to express political views
  • That includes shops or malls

33
Public Property
  • Most assemblies, or demonstrations, take place on
    public property
  • Thus many times, demonstrations are restricted to
    specific parts of public property, and must give
    advanced notice
  • In order to help maintain order and control
  • Gregory V. Chicago
  • As long as demonstrators act peacefully, they
    could not be punished for disorderly conduct
  • Recent Cases
  • Mostly dealing with abortion and groups trying to
    dissuade women from having or receiving advice on
    abortions

34
Private Property
  • The rights of assembly and petition do not give
    people a right to trespass on private property,
    even if they wish to express political views
  • That includes shops or malls

35
Freedom of Associations
  • Those rights to associate with others to promote
    political, economic, and other social causes
  • Also known as right of association
  • Example Boy Scouts of America V. Dale, 2001
  • The Boy Scouts kicked out a professed homosexual
    child
  • The Courts held that the Boy Scouts had the right
    to do it, because if they accepted the boy, then
    they would be contradicting what the organization
    professes to believe
  • Their charter opposed homosexuality
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