Civil Liberties

1
Civil Liberties

• Personal Freedoms Protected in the Bill of Rights

2
The First Amendment

• Two parts freedom of expression and freedom of
  religion

3
Freedom of Expression

• Congress shall make no lawabridging the freedom
  of speech, or of the press, or the right of
  people peacefully to assemble, and to petition
  the government for a redress of grievances.

4
Freedom of Religion

• Congress shall make no law respecting an
  establishment of religion or abridging the free
  exercise thereof

5
Speech and National Security

• Prior restraint freedom from censorship, or
  rules telling a newspaper in advance what it can
  publish. They have the freedom to publish, but
  once it has been published, they may face
  consequences.
• The Sedition Act of 1798 used prior restraint.
  The lawbreakers were published after the fact.
• In 1919, Schenck v. U.S., the Courts established
  clear-and-present-danger. This gives the
  federal government the right to limit free speech
  during times of war if the words seem to present
  a more dangerous situation to the country the
  government aims to protect.

6
Other Speech Issues

• Libel (written) and Slander (oral) A statement
  that defames the character of another person. In
  our country you must show that the libelous
  statement is FALSE as well as intent for actual
  malice.
• Obscenity To be obscene, the work, taken as a
  whole, must be judged by the average person
  applying to contemporary community standards to
  appeal to prurient interest. It also lacks in
  serious literary, artistic, political, or
  scientific value.
• Symbolic Speech This type of speech should be
  given the same protection if banning it only
  restricts free speech. For example, a stalker
  might send a symbolic message to his potential
  victim. This speech is NOT protected. Burning a
  flag or a cross (even if offensive) ONLY
  restricts speech, therefore, it is protected.
• Internet Opens new questions to free speech.

7
Church and State

• Free exercise Congress can make no law
  prohibiting the free exercise of religion. For
  example, they cannot prevent Christians from
  celebrating Holy Communion.
• You can pretty much worship as you wish as long
  as it does not cause serious harm to others.
  Human sacrifice within worship is a form of
  harming othersgovernment can prevent this type
  of exercise.

8
Church and State

• Establishment This is where the Constitution
  talks about a wall of separation. Until the
  last minute, the clause said, No national
  religion shall be established. That is quite
  clear, but Congress adopted this phrase, Congress
  shall make no law respecting an establishment of
  religion. It was up to the Supreme Court to
  decipher their meaning. In the end, they have
  decided that the government should have no
  involvement at all with religion, even on a
  nonpreferential basis.

9
Problems with Freedom of Religion

• War Can a person avoid the draft because of his
  or her religion? This question requires the Court
  to define religion.
• Federal aid Can a parochial school receive aid
  from the government? (see page 510 for how this
  CAN happen)
• Can a city display a nativity, or is that
  government establishing a choice in religion?
• How is that school prayer has been struck down,
  but starting Congressional sessions with prayer
  has not been struck down?