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Civil Liberties
First Amendment Freedoms
Two Types of Protections
1. Civil liberties- constitutionally based freedoms guaranteed to individuals – Example – Bill of Rights
2. Civil rights – Refer to positive acts of government protection against group discrimination
First Amendment
Freedom of Religion
Two Guarantees1. Establishment Clause2. Free Exercise Clause
Establishment ClauseThe court has consistently ruled
that a separation between church and state is required
“Wall of Separation” – JeffersonEngel v. Vitale
Free Exercise Clause
The gov’t cannot interfere with an individual’s belief of religion
Reynolds v. U.S (1879)Wisconsin v. Yoder (1972)
Freedom of Speech & Press
Is It “Speech”?
1. Shout “fire’ in a crowded movie theater?
2. Debate the value of nuclear arms with another citizen?
3. Sing the national anthem in a screeching manner at a National League baseball game?
4. Wear political symbols to school, such as a button that says “Down with America”?
5. Demonstrate peacefully in front of the White House?
6. Use sexually suggestive, but not obscene, language in a campaign speech for high school student council?
7. Not participate in reciting the “Pledge of Allegiance”?
8. Damage another person’s reputation by spreading false rumors?
9. Stage a march by the Ku Klux Klan?
10. Burn the American flag?
Types of Speech1. Pure Speech – Spoken words
only2. Speech Plus- Spoken words &
some activity ex. demonstrating3. Symbolic Speech- most
controversial – it involves no speech at all – Texas v. Johnson
Regulating Speech & Press 1. Sedition – Advocating or urging the
overthrow of the gov’t by force. “Clear and Present Danger”
2. Obscenity & obscene materials – “I know it when I see it” – No enduring or comprehensive definition Miller v. California
3. Slander/libel – false statements that are malicious and damage a person’s reputation
4. Commercial – advertisers not allowed to make false claims
5. Prior Restraint- gov’t prevents material from being published
6. Media – FCC regulates the content, nature, and very existence of radio and television broadcasting TV & radio regulated more than
newspapers & magazines
Freedom of Assembly & Petition
Freedom to meet, protest, march, picket, write letters of protest, and the right to associate with one another.
Limits on Assemblies
Gov’t can make & enforce reasonable rules covering the time, place, and manner of assemblies
Rights & Liberties Protected
1. Dec. Of Independence2. Constitution which
includes the Bill of Rights
#4 10-5-09 Journal
Should a sick child whose parents’ religion prohibits medical treatment be allowed to die? Why?