Topic 8: Protecting Civil Liberties Section 1- The Unalienable Rights

Transcription

1 Topic 8: Protecting Civil Liberties Section 1- The Unalienable Rights

2 Key Terms Bill of Rights: the first ten amendments added to the Constitution, ratified in 1791 civil liberties: freedoms protected against any unjust actions taken by the government civil rights: freedoms protected by positive actions taken by the government aliens: people who are not citizens of the country in which they live Copyright Pearson Education, Inc. Slide 2

3 Key Terms, cont. Due Process Clause: clause in the 14 th Amendment that says no state can take away a person s life, liberty, or property without due process of law process of incorporation: the manner in which the Supreme Court has interpreted the guarantees in the Bill of Rights as being part of the Due Process Clause Copyright Pearson Education, Inc. Slide 3

4 Introduction How does the Constitution protect the rights of individuals against government? The Constitution guarantees civil rights and civil liberties to the American people. Many of these rights and liberties are protected by the laws established in the Bill of Rights and the 14 th Amendment. Copyright Pearson Education, Inc. Slide 4

5 Key Documents The Declaration of Independence states that all men have unalienable rights and that governments exist to protect these rights. The Preamble to the Constitution states that purpose of the American government is to secure the blessings of Liberty to the people. Articles I and III of the Constitution guarantee many key rights. Copyright Pearson Education, Inc. Slide 5

6 The Bill of Rights There was no general listing of the rights of the people in the Constitution until the Bill of Rights was ratified in Now the Bill of Rights is an essential part of the Constitution. James Madison (right) authored the Bill of Rights. Copyright Pearson Education, Inc. Slide 6

7 Civil Rights and Liberties Civil liberties can be thought of as freedoms protected from possible government abuse. Civil liberties include freedom of religion, speech, and the press as well as the right to a fair trial. Civil rights can be thought of as freedoms defended by the government. Civil rights include laws banning discrimination. Copyright Pearson Education, Inc. Slide 7

8 Limited Government Checkpoint: How does the Bill of Rights limit government in the United States? All governments have authority over individual citizens. In a democratic government such as the United States, this authority is limited by laws like the Bill of Rights, which specifies individual rights and freedoms that government cannot violate. Copyright Pearson Education, Inc. Slide 8

9 Relative Rights U.S. citizens may exercise their own rights as long as they do not infringe upon the rights of others. For example, the right to free speech does not protect obscene language. Rights can come into conflict with each other. When this happens, the courts must then decide the issue. Blaring music late at night is not a right because it infringes on the rights of others. Copyright Pearson Education, Inc. Slide 9

10 Whose Rights? Most constitutional rights extend to all people in the United States, including aliens, or noncitizens. However, certain rights of aliens, such as freedom of travel, can be restricted. During wartime these restrictions may increase. For example, in World War II people of Japanese descent were forced to relocate to internment camps. Copyright Pearson Education, Inc. Slide 10

11 Federalism The Bill of Rights applies to the actions of the federal government, not the state governments. However, each state constitution contains its own bill of rights to protect the freedoms of its citizens. In addition, the 14 th Amendment extends the basic rights protected by the Bill of Rights to the citizens of all states. Copyright Pearson Education, Inc. Slide 11

12 The 14 th Amendment The 14 th Amendment includes a Due Process Clause. The Supreme Court has ruled that this clause means no state can deny any person their basic rights and liberties. Over time, through the process of incorporation, these basic rights and liberties have been defined as including most of the protections in the Bill of Rights. Copyright Pearson Education, Inc. Slide 12

13 Gitlow v. New York, 1925 Checkpoint: Why is the case Gitlow v. New York important? New York state had convicted Benjamin Gitlow of criminal anarchy for urging people to overthrow the government. The Supreme Court upheld the conviction, but ruled for the first time that the 1 st Amendment right to free speech also extended to the states because of the 14 th Amendment. Copyright Pearson Education, Inc. Slide 13

14 The 9 th Amendment The 9 th Amendment declares that the people have rights beyond those specifically listed in the Constitution. Over time the Supreme Court has determined that some of these unlisted rights include: The right of a person not to be tried on the basis of unlawfully gained evidence The right of a woman to choose to have an abortion Copyright Pearson Education, Inc. Slide 14

15 Review Now that you have learned how the Constitution protects the rights of individuals against government, go back and answer the Chapter Essential Question. How can the judiciary balance individual rights with the common good? Copyright Pearson Education, Inc. Slide 15

16 Topic 8: Protecting Civil Liberties Section 2 Freedom of Religion

17 Objectives 1. Examine why religious liberty is protected in the Bill of Rights. 2. Describe the limits imposed by the Establishment Clause of the 1 st Amendment. 3. Summarize the Supreme Court rulings on religion and education as well as other Establishment Clause cases. 4. Explain how the Supreme Court has interpreted and limited the Free Exercise Clause. Copyright Pearson Education, Inc. Slide 17

18 Key Terms Establishment Clause: the clause in the 1 st Amendment that prohibits the government from establishing a religion Free Exercise Clause: the 1 st Amendment clause that bans government from interfering with the free practice of any religion parochial: church-related Copyright Pearson Education, Inc. Slide 18

19 Introduction How does the 1 st Amendment protect the freedom of religion? The Establishment Clause of the 1 st Amendment bans Congress from passing any law to establish a religion. The Free Exercise Clause bans Congress from preventing anyone from freely practicing their own religion. The 14 th Amendment extends these bans to the state governments. Copyright Pearson Education, Inc. Slide 19

20 Religious Freedom Support for religious freedom was partly a rejection of colonial government-sponsored churches. In 1786 Thomas Jefferson wrote the Virginia Statute for Religious Freedom, influencing the 1 st Amendment. Jefferson said the 1 st Amendment created a wall of separation between church and state. Copyright Pearson Education, Inc. Slide 20

21 Church and State The federal government does not support a specific religion, but does encourage religion in general. Most religious property and contributions to religions are not taxed. Oaths of office, the national anthem, and U.S. coins and currency make reference to God. The exact limits of the Establishment Clause remain controversial. Copyright Pearson Education, Inc. Slide 21

22 Religion and Public Schools Most Supreme Court rulings on the Establishment Clause have involved religion and education. The Court has ruled that public school students may be released during school to attend religious classes, but only if those classes are held in private places off school grounds. The Court has allowed states to fund bussing for parochial as well as public schools, as a safety measure. Copyright Pearson Education, Inc. Slide 22

23 School Prayer Checkpoint: According to the Supreme Court, how does state-sponsored support of prayer in schools violate the 1 st Amendment? The Court has found in seven major cases that the 1 st Amendment requires the government to neither aid nor oppose religion. This means schools cannot sponsor religious exercises such as prayer. Copyright Pearson Education, Inc. Slide 23

24 School Prayer, cont. The Court has banned mandatory prayers to start school, posting of the Ten Commandments in classrooms, and school-sponsored prayers at graduations and football games. Students can pray as individuals in school and at school events. Copyright Pearson Education, Inc. Slide 24

25 Other School Issues The Equal Access Act of 1984 requires public high schools to let student religious groups meet at school. The Supreme Court has ruled that this law applies to grade schools as well. The Supreme Court has ruled that states cannot ban the teaching of evolution in public schools or require the teaching of creation science. Copyright Pearson Education, Inc. Slide 25

26 Parochial Schools Several states provide public financial aid to parochial schools. Supporters argue that parochial students would otherwise be educated at public expense and that their parents pay taxes to support public schools. Opponents argue that parents could send their children to public schools and that funding parochial schools amounts to government sponsorship of religious teaching. Copyright Pearson Education, Inc. Slide 26

27 The Lemon Test Checkpoint: What is the purpose of the Lemon test? This is a three-part test used to decide if a state law establishes a religion. It is usually applied to determine if state aid to parochial schools is constitutional. The test comes from the 1971 Lemon v. Kurtzman case, where the Court struck down state financial aid to parochial schools in Pennsylvania. Copyright Pearson Education, Inc. Slide 27

28 The Lemon Test, cont. Copyright Pearson Education, Inc. Slide 28

29 Examples of the Lemon Test The Court usually finds public aid for churchrelated schools to be unconstitutional: It has banned using taxes to pay for teacher salaries, field trips, school districts set up for a religious community, or to reimburse parents for parochial tuition. The Court has allowed states to give tax deductions or tuition vouchers to parents who send children to private schools, which may include parochial schools. Copyright Pearson Education, Inc. Slide 29

30 Public Displays Are governmentsponsored chaplains, seasonal displays, or displays of the Ten Commandments constitutional? The Supreme Court has given different rulings on displays, depending upon how they promote religion. Copyright Pearson Education, Inc. Slide 30

31 Pubic Displays, cont. A Christmas tree sparkles in front of the California State Capital. The Court has ruled that government may celebrate Christmas in some manner and form, but not in a way that endorses Christian doctrine. Copyright Pearson Education, Inc. Slide 31

32 Public Displays, cont. A chaplain offers the opening prayer in both houses of Congress and most State legislatures. The Court has ruled that this practice, unlike organized prayer in public schools, is constitutionally permissible. Copyright Pearson Education, Inc. Slide 32

33 Limits on Exercise of Religion Checkpoint: What acts are not protected by the Free Exercise Clause? No government law or action can deny a person the right to hold any religious beliefs that they wish. However, no one has the right to break criminal laws, offend public morals, or threaten public safety while practicing their religion. Copyright Pearson Education, Inc. Slide 33

34 Protections The Supreme Court has often ruled that the Free Exercise Clause only applies to beliefs rooted in religion. The Court has struck down laws requiring a license to raise money for religious causes. The Court has ruled that Amish children do not have to attend school past the 8 th grade and that Jehovah s Witnesses do not have to salute the American flag due to the beliefs of each religious group. Copyright Pearson Education, Inc. Slide 34

35 Review Now that you have learned how the 1st Amendment protects the freedom of religion, go back and answer the Chapter Essential Question. How can the judiciary balance individual rights with the common good? Copyright Pearson Education, Inc. Slide 35

36 Topic 8: Protecting Civil Liberties Section 3 Freedom of Speech and Press

37 Objectives 1. Explain the importance of the two basic purposes served by the guarantees of free expression. 2. Summarize how the Supreme Court has limited seditious speech and obscenity. 3. Examine the issues of prior restraint and press confidentiality, and describe the limits the Court has placed on the media. 4. Define symbolic and commercial speech; describe the limits of their exercise. Copyright Pearson Education, Inc. Slide 37

38 Key Terms libel: the false and malicious use of printed words slander: the false and malicious use of spoken words sedition: the crime of attempting to overthrow the government by force or disrupt it by violent acts seditious speech: advocating sedition Copyright Pearson Education, Inc. Slide 38

39 Key Terms, cont. prior restraint: banning an idea before it is expressed injunction: a court order shield laws: laws protecting lawyers from giving up confidential sources symbolic speech: expressing an idea by one s conduct picketing: patrolling a workplace while on strike Copyright Pearson Education, Inc. Slide 39

40 Introduction What are the limits on the guarantees of free speech and free press? No person has the right to libel or slander another person. It is illegal to encourage others to commit a crime. Laws can ban the use of obscene words, printing or distributing obscene materials, and false advertising. Copyright Pearson Education, Inc. Slide 40

41 Free Expression The 1 st amendment guarantees each person the right of free expression by speech, writing, and all other means of communication. The 14 th Amendment extends this federal right to citizens of every state. Everyone has the right to hear what others have to say on public issues. Only an informed populace can make good decisions about public policy. Copyright Pearson Education, Inc. Slide 41

42 Seditious Speech Congress has passed several laws banning seditious speech. The Alien and Sedition Acts of 1798 punished government critics. The Espionage Act of 1917 made it a crime to say, write, or publish disloyal comments about the government. The Smith Act of 1940 makes it a crime to urge or plan the violent overthrow of the American government. Copyright Pearson Education, Inc. Slide 42

43 What Counts as Sedition? In Schenck v. United States, the Supreme Court established the clear and present danger rule. Words can be banned if there is a strong risk that they will encourage criminal activity. In Yates v. United States, the Court ruled that it is not illegal to urge someone to believe something but it is illegal to urge them to do something. Copyright Pearson Education, Inc. Slide 43

44 Obscenity It is illegal under federal and state law to distribute obscene material. The Supreme Court created a three-part test to determine if something is obscene. Material is obscene if it: Incites lust according to local community standards Deals with sexual conduct banned in an antiobscenity law Lacks serious literary, artistic, political, or scientific value Copyright Pearson Education, Inc. Slide 44

45 Prior Restraint Government censorship is usually illegal. Censorship may be allowed if published material could endanger national security. This rule has been applied to censor material distributed in military bases and federal prisons or about the CIA. Copyright Pearson Education, Inc. Slide 45

46 Prior Restraint, cont. Checkpoint: How has the Supreme Court ruled on student speech? Public schools have a broad power to censor school-sponsored expressive activities, including school newspapers and plays. School officials must show that their censorship is in the educational interest of the school. Copyright Pearson Education, Inc. Slide 46

47 The Media The Supreme Court has ruled that under federal law, news reporters must testify in court even if it means revealing confidential sources. Some 30 states have passed shield laws that give reporters some rights to withhold confidential sources. Copyright Pearson Education, Inc. Slide 47

48 The Media, cont. Freedom of the press does not give the movie industry as much protection as newspapers. Films can be censored. Radio and television receive the least 1 st Amendment protection. Radio and TV stations are licensed to broadcast their signals on publicly owned airwaves. Such stations have no guaranteed 1 st Amendment right to broadcast their material. Instead, they fall under the commerce power of Congress. Copyright Pearson Education, Inc. Slide 48

49 The Media, cont. Radio and TV are heavily regulated by the Federal Communications Commission (FCC) The FCC can refuse to license stations that use indecent language. Cable TV has fewer regulations. Copyright Pearson Education, Inc. Slide 49

50 The Media, cont. The few Supreme Court cases dealing with the Internet have involved laws aimed at stopping the distribution of pornography online. Most of these laws have been overturned, except for the Children s Internet Protection Act. Copyright Pearson Education, Inc. Slide 50

51 Symbolic Speech Symbolic speech is the expression of ideas by a person s conduct and is often meant as an act of dissent. An example is picketing a workplace while on strike to draw public attention to a controversy. Peaceful picketing is protected speech. Burning the American flag or a cross as a political protest is also protected speech according to the Supreme Court. Copyright Pearson Education, Inc. Slide 51

52 Symbolic Speech, cont. Checkpoint: When are acts of dissent by speech punished? If the object of the protest is within the constitutional powers of the government If whatever restriction is placed on expression is no greater than necessary If the government s real intent is not to prevent dissent Copyright Pearson Education, Inc. Slide 52

53 Commercial Speech Commercial speech most often refers to advertising. The Supreme Court usually strikes down arbitrary bans on advertising. The government can ban false and misleading advertisements or the advertising of illegal goods and services. Congress has also banned tobacco ads on radio and television. Copyright Pearson Education, Inc. Slide 53

54 Review Now that you have learned about the limits on the guarantees of free speech and free press, go back and answer the Chapter Essential Question. How can the judiciary balance individual rights with the common good? Copyright Pearson Education, Inc. Slide 54

55 Topic 8: Protecting Civil Liberties Section 4 Freedom of Assembly and Petition

56 Objectives 1. Explain the Constitution s guarantees of assembly and petition. 2. Summarize how government can limit the time, place, and manner of assembly. 3. Compare and contrast the freedom-ofassembly issues that arise on public versus private property. 4. Explore how the Supreme Court has interpreted freedom of association. Copyright Pearson Education, Inc. Slide 56

57 Key Terms assemble: to gather with one another civil disobedience: the act of violating the law in an intentional but nonviolent way to protest a law or public policy content neutral: a requirement that allows the government to regulate assemblies based on time, place, and manner of assembly but not on the basis of what might be said right of association: the right to join with others to promote political, economic, and social causes Copyright Pearson Education, Inc. Slide 57

58 Introduction How has the Supreme Court ruled on assembly and petition cases? In general, the Court protects the right of peaceful assemblies and petitions. Governments have the right to set rules on how, when, and where assemblies can take place, including requiring permits. People do not have the right to trespass or to assemble or petition on private property. Copyright Pearson Education, Inc. Slide 58

59 Constitutional Guarantees The 1 st Amendment guarantees the right to peaceful assembly and to petition the government. The 14 th Amendment s Due Process Clause extends these rights to citizens of every state. The Constitution does not protect assemblies or petitions that endanger life, property, or public safety. Copyright Pearson Education, Inc. Slide 59

60 Examples Assemblies include public demonstrations as well as organizations such as political parties and interest groups. Petitions can include letters, lobbying, and advertisements. Peaceful marches and parades are protected forms of assembly. Copyright Pearson Education, Inc. Slide 60

61 Civil Disobedience Civil disobedience involves knowingly breaking the law in a nonviolent way to protest a law or public policy. The courts have held as a general rule that civil disobedience is not a constitutionally protected right. Those who take part in civil disobedience must accept the legal consequences of their actions. Copyright Pearson Education, Inc. Slide 61

62 Limits on Assembly Checkpoint: How has the Supreme Court limited the time, place, and manner of assembly? Governments can decide when, where, and how assemblies can take place in order to keep the public peace. Government rules must be specific and fairly administered. Government rules must also be content neutral. They cannot regulate gatherings based on what might be said. Copyright Pearson Education, Inc. Slide 62

63 Public Demonstrations Demonstrations tend to take place in public places such as streets, sidewalks, parks, or public buildings. This can conflict with the normal use of these facilities or streets. The subject of a demonstration can also lead to public arguments. The Supreme Court thus allows governments to require advance notice and permits for demonstrations on public property. Copyright Pearson Education, Inc. Slide 63

64 Gregory v. Chicago, 1969 In 1969, a group marched from Chicago s city hall to the mayor s house to protest segregation in the city s schools. A crowd of several hundred bystanders gathered to protest against and throw objects at the marchers. The police, fearing violence, arrested the marchers for disorderly conduct when they refused to leave. The Court ruled that the violent bystanders, not the peaceful marchers, were disturbing the peace. Copyright Pearson Education, Inc. Slide 64

65 Other Court Cases Anti-abortion groups often hold demonstrations to try to discourage women from going to abortion clinics. The Supreme Court has ruled that judges and state laws may impose buffer zones limiting how close demonstrators may come to clinics. These measures fall within the government s power to limit how, when, and where assemblies take place. Copyright Pearson Education, Inc. Slide 65

66 Private Property People do not have the right to assemble or petition on private property without permission. No one has the absolute constitutional right to hand out leaflets or ask for petition signatures in a shopping mall. However, the courts can rule that shopping center owners should give permission for the reasonable exercise of the right to petition. Copyright Pearson Education, Inc. Slide 66

67 Private and Public Property The right to peacefully demonstrate on public property is constitutionally guaranteed, yet demonstrations on private property are not constitutionally guaranteed. Why has the Court ruled differently on public and private property demonstrations? Copyright Pearson Education, Inc. Slide 67

68 Freedom of Association Checkpoint: What is the right of association? The right to join with others to promote political, economic, and social causes. It has been upheld as a constitutional right by the Supreme Court. People cannot be fired for belonging to associations and do not have to reveal them to practice law. Associations do not have to accept members if doing so would contradict the beliefs of the association. Copyright Pearson Education, Inc. Slide 68

69 Review Now that you have learned how the Supreme Court has ruled on assembly and petition cases, go back and answer the Chapter Essential Question. How can the judiciary balance individual rights with the common good? Copyright Pearson Education, Inc. Slide 69