Copyright, 2000 © Prentice HallCopyright, 2000 © Prentice Hall

Magruder’s American Magruder’s American GovernmentGovernment

Magruder’s American Magruder’s American GovernmentGovernment

C H A P T E R 19Civil Liberties: First Amendment Freedoms

C H A P T E R 19 Civil Liberties: First Amendment Freedoms Civil Liberties: First Amendment Freedoms

SECTION 1The Unalienable Rights

SECTION 2Freedom of Religion

SECTION 3 Freedom of Speech and Press

SECTION 4 Freedom of Expression and National Security

SECTION 5Freedom of Assembly and Petition

Chapter 19Chapter 19

Chapter 19, Section 1Chapter 19, Section 1

S E C T I O N 1

The Unalienable RightsThe Unalienable Rights

• The Constitution, especially its Bill of Rights, guarantees many rights and liberties which reflect the principle of limited government.

• An individual’s rights can be exercised only to the extent that they do not limit the rights of others; if there is conflict, one right must take precedence.

• The Bill of Rights restricts only the National Government. Each State constitution also contains its own bill of rights.

• The 14th Amendment “nationalizes” most of the protections of the Bill of Rights.

S E C T I O N 2

Freedom of ReligionFreedom of Religion

• Freedom of expression is vital to democracy. One key component of this freedom is the freedom of religion.

• Although freedom of religion is guaranteed in part by the Establishment Clause, the nature of the wall between church and state has been the subject of many court decisions.

• Freedom of religion is also guaranteed in part by the Free Exercise Clause, which protects people’s right to believe—though not necessarily to do—whatever they wish regarding religion.

Chapter 19, Section 2Chapter 19, Section 2

First Amendment Cases – Religion First Amendment Cases – Religion

• Pierce v. Society of Sisters (1925) – unconstitutional to force parents to send children to public schools. [due process, 14th amendment]

• Engel v. Vitale (1962) – no prayer in school

• Equal Access Law (1984) – high school religious groups allowed.

• Edwards v. Aguillard (1987) – schools don’t have to teach creationism if they teach evolution

• March v. Chambers (1983) – legislative prayer okay

• Lemon v. Kurtzman (1971) – test: 1) must be secular (not religious), 2) primary effect doesn’t advance or inhibit religion, 3) avoid “excessive entanglements.

Chapter 19, Section 3Chapter 19, Section 3

S E C T I O N 3

Freedom of Speech and PressFreedom of Speech and Press

• The 1st and 14th amendments’ guarantee of free speech and free press protect people’s right to speak and their right to be heard.

• There are limits to these rights. No one has the right to slander or libel another and obscene material is not protected.

Miller v. California (1973) – 1) appeals to prurient interests, 2) offensive, 3) lacks value

• Symbolic and commercial speech also enjoy constitutional protection, yet they can be limited under certain circumstances.

Confidentiality & News Reporters – can refuse to testify to protect sources, shield laws

Radio & Television

Public Airwaves – right of the viewers and listeners, not broadcasters

FCC regulation – cannot censor content, but can prohibit use of language. Licenses

S E C T I O N 3

Freedom of Speech and PressFreedom of Speech and Press

• Picketing

1st and 14th Amendment cover if peaceful

United States v. O’Brien (1968) – cannot call all behavior and actions “speech”

“Acts of dissent by protest” can be punished if 1) object of protest within Constitutional powers of Government, 2) fair restriction, 3) end goal not to squelch dissent

Tinker v. Des Moines School District (1969) – “It can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gates”

Buckley v. Valeo (1976) – campaign contributions are “symbolic expression of speech”

Texas v. Johnson (1989) – state violated protester’s rights when prosecuted him for burning flag. Upheld in U.S. v. Eichman (1990)

Commercial speech can be prohibited if false or misleading or illegal goods/services

S E C T I O N 4

Freedom of Expression and National SecurityFreedom of Expression and National Security

• To protect itself from internal subversion, government can regulate some expression in the interest of national security.

Espionage – spying for foreign power

Sabatoge – act of destruction to hinder nation’s war or defense effort

Treason – levying war against the nation or supporting enemy

Sedition – incitement of resistance to law

• The Supreme Court has held that government has a right to control speech that creates “a clear and present danger” of violence or harm to public order or national security.

Chapter 19, Section 4Chapter 19, Section 4

S E C T I O N 5

Freedom of Assembly and PetitionFreedom of Assembly and Petition

• The 1st Amendment guarantees the right to assemble peaceably and to petition for redress of grievances.

• Government can reasonably regulate the time, place, and manner of such expression but regulations must be “content neutral.”

• Public Property – upheld requirements to give advanced notice and permits.

• Freedom of assembly and petition includes a guarantee of association.

NAACP member list

Chapter 19, Section 5Chapter 19, Section 5