Chapter 19 Chapter 19

Ben Eric CraigBen Eric Craig

55thth Hour Hour

AP GovAP Gov

Section 1Section 1

A Commitment to A Commitment to FreedomFreedom

Bill of Rights Bill of Rights o First Ten Amendments to the ConstitutionFirst Ten Amendments to the Constitutiono Guarantees all US citizens there basic rights Guarantees all US citizens there basic rights

Civil LibertiesCivil Libertieso They are protection from the GovernmentThey are protection from the Governmento They are the first amendments to the Bill of They are the first amendments to the Bill of

RightsRights Civil Rights Civil Rights

o Outlaws discrimination Outlaws discrimination o Civil Rights Act of 1964Civil Rights Act of 1964

Limited GovernmentLimited Government

United States is a Limited United States is a Limited GovernmentGovernment

No Absolute Free SpeechNo Absolute Free Speech Rights cannot conflict each otherRights cannot conflict each other Aliens are not guaranteed the same Aliens are not guaranteed the same

rights as citizens rights as citizens

Federalism and Federalism and Individual RightsIndividual Rights

Due Process CauseDue Process Causeo ““No State shall deprive any person life, No State shall deprive any person life,

liberty, or property, without due liberty, or property, without due process of the law.”process of the law.”

o Protects the Bill of RightsProtects the Bill of Rights 1414THTH Amendment Amendment

o Part of Due Process ClausePart of Due Process Clause 99thth Amendment Amendment

o Other rights not in Constitution are Other rights not in Constitution are retained by the peopleretained by the people

Section 2Section 2

Freedom of ReligionFreedom of Religion

Establishment ClauseEstablishment Clauseo Prohibits a national religionProhibits a national religiono Government cannot interfere with religionGovernment cannot interfere with religion

Separation of Church and StateSeparation of Church and Stateo All church and religious grounds are tax All church and religious grounds are tax

exempt exempt o State cannot require students to attend State cannot require students to attend

public schoolspublic schoolso Cannot eliminate parochial schoolsCannot eliminate parochial schools

Religion and ExpressionReligion and Expression Released TimeReleased Time

o Allows public schools to released students early to Allows public schools to released students early to attend religious classesattend religious classes

Student Religious groupsStudent Religious groupso Student groups that are religious affiliated can meet on Student groups that are religious affiliated can meet on

school grounds school grounds EvolutionEvolution

o Evolution can be taught Evolution can be taught o Some states require creation science be taught as well Some states require creation science be taught as well

Lemon TestLemon Testo The purpose of aid must be secularThe purpose of aid must be secularo Must not be excessive entanglement of government Must not be excessive entanglement of government

with religionwith religion

Other Establishment Other Establishment ClausesClauses

Seasonal Displays Seasonal Displays o Court upholds the right to place a Court upholds the right to place a

naivety scene on government grounds naivety scene on government grounds ChaplainsChaplains

o Congress begins with a prayer Congress begins with a prayer o All Houses of Congress offer a ChaplainAll Houses of Congress offer a Chaplain

The Free Exercise ClauseThe Free Exercise Clause Free Exercise and Its LimitsFree Exercise and Its Limits

o Any American has the right to choose a Any American has the right to choose a religionreligion

o Cannot violate government LawsCannot violate government Lawso Religious groups can hold parades on public Religious groups can hold parades on public

streetsstreetso Conscience Abjections Conscience Abjections

Free Exercise Upheld Free Exercise Upheld o Cannot force Amish children to attend Cannot force Amish children to attend

school pass the eight gradeschool pass the eight gradeo Cannot banned ministers from public officeCannot banned ministers from public office

Section ThreeSection Three

Freedom of Speech and Freedom of Speech and PressPress

Free ExpressionFree Expressiono Guarantees to each person the right of Guarantees to each person the right of

free expressionfree expressiono Guarantees to all people a full, wide Guarantees to all people a full, wide

ranging discussion of public affairsranging discussion of public affairso No person has the right to libel (is the No person has the right to libel (is the

false and malicious use of printed false and malicious use of printed words) or slander (false and malicious words) or slander (false and malicious use of spoken works).use of spoken works).

Seditious SpeechSeditious Speech Sedition Sedition

o Crime of attempting to overthrow the governmentCrime of attempting to overthrow the governmento Seditious Speech (advocating or urging of such conduct)Seditious Speech (advocating or urging of such conduct)

Alien and Sedition ActsAlien and Sedition Actso Power to deport aliens that criticize the governmentPower to deport aliens that criticize the governmento Now unconstitutionalNow unconstitutional

Sedition Act of 1917Sedition Act of 1917o Espionage ActEspionage Acto Cannot print or publish anything disloyal to the Cannot print or publish anything disloyal to the

governmentgovernment Smith Act of 1940Smith Act of 1940

o Bans book that teaches an overthrowBans book that teaches an overthrowo Convicted my communists in the United StatesConvicted my communists in the United States

ObscenityObscenity

Bans mailing of obscene picturesBans mailing of obscene pictures Government defines obscene Government defines obscene

materialmaterial Prior Restraint Prior Restraint

o Government cannot curb ideas before Government cannot curb ideas before they are expressedthey are expressed

o Unless under extreme circumstances Unless under extreme circumstances

The MediaThe Media

ConfidentialityConfidentialityo Shield laws are given to reporters so that they are Shield laws are given to reporters so that they are

given some protection against having to disclose given some protection against having to disclose their sources their sources

Motion PicturesMotion Pictureso Supreme Court first order that the exhibition of Supreme Court first order that the exhibition of

movies are purely businessmovies are purely businesso Now depends on motion picture’s rating systemNow depends on motion picture’s rating system

Radio and TelevisionRadio and Televisiono Monitored by FCCMonitored by FCCo Highly censured and monitored Highly censured and monitored

Symbolic SpeechSymbolic Speech

Symbolic SpeechSymbolic Speecho People expressing their ideas by acts People expressing their ideas by acts o Picketing which employee patrol their Picketing which employee patrol their

business site while on strikebusiness site while on strikeo Cannot ban cross burning or anti-war Cannot ban cross burning or anti-war

protest as long as they are peacefulprotest as long as they are peaceful Flag Burning Flag Burning

o Americans have the right to burn the Americans have the right to burn the flag in protestflag in protest

Section FourSection Four

Freedom Of AssemblyFreedom Of Assembly

Constitution GuaranteesConstitution Guaranteeso Right to assemble or gather with one Right to assemble or gather with one

another.another.o Does not guarantee violent protest or Does not guarantee violent protest or

the stoppage of normal activities such the stoppage of normal activities such as traffic or school. as traffic or school.

Time Place MannerTime Place Manner

Forbid public events if it disturbs Forbid public events if it disturbs school activities school activities

Cannot fine peaceful protestors Cannot fine peaceful protestors Content Neutral – government Content Neutral – government

cannot regulate assemblies on the cannot regulate assemblies on the basis of what is said. basis of what is said.

Public PropertyPublic Property

Must have a license to hold a paradeMust have a license to hold a parade Gregory v. ChicagoGregory v. Chicago

o Cannot arrest people for protesting Cannot arrest people for protesting local officials and laws local officials and laws

Recent CasesRecent Caseso Sidewalk counseling is prohibited from Sidewalk counseling is prohibited from

abortion clinics abortion clinics o Cannot block access to abortion clinics Cannot block access to abortion clinics

Private PropertyPrivate Property

Cannot trespass on private property Cannot trespass on private property Cannot protest at Shopping MallsCannot protest at Shopping Malls

Freedom of AssociationFreedom of Association

Any person has the right to associate Any person has the right to associate with any religious or political group with any religious or political group

Groups can exclude gays from Groups can exclude gays from joining if it is expressive conduct joining if it is expressive conduct

The End!The End!