liberty and justice for all

Liberty and Justice for All

What are Civil Rights?http://www.youtube.com/watch?v=

gdTpU5WZHHM

What does this speech mean to you?

Issues in the NewsPage 355: How does this issue compare to Dr.

King’s Speech?

They both deal with Human Rights or Fundamental Freedoms which lie at the heart of the American Political System

What are some of these rights?To speak freely?

To read and write what they choose?

To worship as they wish?

Quick ReviewWe know that the Constitution guarantees

these rights.

We also knows that it protects these rights. But who protects these rights?

“Liberty lies in the heart of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

What does this quote mean to you?

We are ResponsibleAs Citizens we share a common faith in the

power we have to steer our government.

If we do not carry out our responsibilities then the whole society suffers.

The Bill of RightsAs we know is our greatest protector of our

Civil Rights and Liberties

“Congress shall make no law”

Did it apply to the states?

Not at first?Barron Vs. Baltimore

1833 “The first ten amendments

contain no expression indicating an intention to apply them to the state government.”

John Marshall

The 14th AmendmentPaved the way for a major expansion of

Individual rights

It defined Citizenship: A person born or naturalized in the United States is a citizen of the nation and the state of residence

However, it also made individual rights: national rights: Page 356 (Open your Books)

IncorporationDefinition: The process by which the Bill of

Rights was extended to the states and localities

Why is it important?

The Answer If it was not incorporated states could possibly

deny certain rights to certain citizens of that state.

Example: The Poll Tax

As a result of incorporation the Bill of Rights has become the final safeguard when personal rights are affected

This does create controversyhttp://www.glencoe.com/video_library/index_wi

th_mods.php?PROGRAM=9780078747625&VIDEO=2239&CHAPTER=13&MODE=2

Freedom Of ReligionWhat does this issue in the news tell you?

No matter how you feel you cannot deny that religion plays or has played a significant part of American Life

Over 90% of Americans identify with a religion And Religious Freedom is guaranteed in the 1st

Amendment

So why can’t we pray here today? In order to understand that we have to

understand the two clauses of the 1st Amendment

The Establishment Clause “States that Congress shall make no law

respecting an establishment of religion.”

The Free Exercise Clause “Prohibits government from unduly interfering with

the free exercise of religion.”

The Establishment Clausehttp://www.firstamendmentcenter.org/rel_libert

y/publiclife/overview.aspx

Page 358

“Wall of Separation”

Religion is EverywhereGovernment Officials take their oaths of office

in the name of God.Since 1864 most of the nation’s coins carry the

motto “In God we Trust”Pledge of Allegiance: “one nation under God”Public meetings including daily sessions of

congress open with a prayerDoes Government encourage religion?

Chaplains serve with the army.

Church property and contributions to religious groups are taxed exempt

You can see how this leads to controversy

And who is supposed to solve this controversy?

The Supreme CourtFirst Establishment Clause case did not come

about until 1947 when it decided

Everson vs. Board of Education

State Aid to Parochial Schools, should the federal government give aid to these schools?

The Free Exercise Clause Religious Practice may be limited

For example in Reynolds v. United States: George Reynolds, Polygamy case

Oregon vs. Smith: Worker was denied unemployment benefits since he was fired for using drugs as part of a religious ceremony

Wisconsin vs. Yoder: Court upheld religious practices by saying Amish parents did not have to send their children to school past 8th grade, since it violated Amish religious beliefs

Religious Expression and the FlagShould you have to salute the flag?

In 1936 William Gobitis was expelled from school for not saluting the flag- It was against his religious beliefs, so should he have to salute the flag

Court said the school was correct- Saluting the flag did not infringe on religious freedom

Page 364

Websites to Use: www.oyez.org

http://www.firstamendmentcenter.org/rel_liberty/publiclife/overview.aspx

http://www.law.cornell.edu/supct/

http://www.digitalhistory.uh.edu/supreme_court/supreme_court.cfm

Freedom of SpeechOpen your books and carefully read on page

366 The Issue in The News and The First Paragraph before Types of Speech

What do you think? Should the First Amendment protect the

expression of unpopular ideas?

Let’s define the word “Speech”: How many of you would agree with the following: Giving a Speech that to the student body at a student

assembly .

What about wearing black armbands to protest a war?

Or protesting a law at the Capitol

Are these all speech?

Two Categories1. Pure Speech: The Verbal Expression of

thought and opinion before an audience that has chosen to listen

This type of speech has traditionally been powerfully protected by the Supreme Court

2. Symbolic Speech: Sometimes called expressive conduct-involves the use of actions and symbols in addition to or instead of words to express opinions

How does the Court Decide these symbolic test cases?They have developed a three part test; which

they established in United States v. O’Brien

1. Falls within the Constitutional Power of Government

2. Narrowly Drawn: So government cannot use it further regulate speech

3. Leaves other Communication Outlets

Are there other restraints?Yes, and there have to be: For example

seditious speech: Which is speech urging resistance to lawful authority or advocating the overthrow of government

But the challenge for the court is when to end these restraints

Clear and Present Danger 1919Page 368

When speech in question clearly presents an immediate danger, the First Amendment does not protect it

The Bad Tendency Doctrine 1925Speech could be restricted even if it had only a

tendency to lead to illegal action.

This is not often used

But some Americans think that societies need for order justifies any damage to basic freedoms

The Preferred Position DoctrineFirst Amendment comes first, above all others

Any law limiting these freedoms should be found unconstitutional unless it is absolutely necessary.

Sedition Laws: 369

Defamatory speechThis kind of speech is not protected: This is

speech that is either untrue or hurtful:Slander: SpokenLibel: WrittenHowever, public officials are held to a different

standardHustler Magazine vs. Farewell: sets up the

standard that celebrities and politicians cannot sue for Defamatory speech

Fighting WordsSome words are so offensive that they are

deemed as unprotected speech

Chaplinsky v. New Hampshire (1942): Some words incite fighting, which is a breech of the peace and therefore are not protected.

Right to Assemble“the right to peacefully assemble, and to

petition the Government for a redress of grievances”

Without this Freedom, no political parties and no special interest groups could exist to influence the actions of government

Dejonge v. Oregon 1937

DeJonge Vs. OregonEstablished two legal principles

1. Assembly is as important as the rights of free speech and free press

2. Due Process Clause Applies to Freedom of Assembly

Are there limits on demonstrations?Yes, if there is any potential of violence- example

KKK parade then perhaps the Court would rule in favor of a state not allowing the parade

http://www.youtube.com/watch?v=fYh8MOnAgv8

To ensure public order and safety, many states require permits- so streets will not be blocked- Cox. V. New Hampshire

Other Limits on Public AssemblyPg. 377Adderly v. Florida=

Cox v. Louisiana=

Grayned v. City of Rockford=Freedom of Assembly does not apply to Private

Property

Assembly and DisorderThis is when this Principle gets difficult

The Big ThreeStokie CaseFeiner vs. New YorkGregory vs. City of Chicago

Are you allowed to Picket?Not until 1940 in Thornhill vs. Alabama did the

Supreme Court Rule that peaceful Picketing was a form of Free Speech

But since this case the court has begun to limit picketing

Freedom of AssociationCan you join an organization that the

government considers to be subversive?

In DeJonge v. Oregon (1937) the Supreme Court extended the right to freely assemble

Whitney Vs. California (1927)Dennis Vs. United States (1951)