Liberty and justice for all
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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 News. Page 355: How does this issue compare to Dr. King’s Speech?

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Presentation Transcript

What are civil rights
What are Civil Rights?

http://www.youtube.com/watch?v=gdTpU5WZHHM

What does this speech mean to you?


Issues in the news
Issues in the News

Page 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
What are some of these rights?

To speak freely?

To read and write what they choose?

To worship as they wish?


Quick review
Quick Review

  • We know that the Constitution guarantees these rights.

  • We also knows that it protects these rights.

    • But who protects these rights?



We are responsible
We are Responsible there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

As 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 rights
The Bill of Rights there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

As 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
Not at first? there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Barron Vs. Baltimore 1833

John Marshall

  • “The first ten amendments contain no expression indicating an intention to apply them to the state government.”


The 14 th amendment
The 14 there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”th Amendment

Paved 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)


Incorporation
Incorporation there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Definition: The process by which the Bill of Rights was extended to the states and localities

Why is it important?


The answer
The Answer there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 controversy
This does create controversy there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

http://www.glencoe.com/video_library/index_with_mods.php?PROGRAM=9780078747625&VIDEO=2239&CHAPTER=13&MODE=2


Freedom of religion
Freedom Of Religion 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 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
So why can’t we pray here today? there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

  • 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 clause
The Establishment Clause there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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

Page 358

“Wall of Separation”


Religion is everywhere
Religion is Everywhere there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Government 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 prayer

Does Government encourage religion?


Chaplains serve with the army. there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 court
The Supreme Court there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

  • First 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?

    • 359-360: Read Carefully, What is the Lemon Test? 3 parts


The free exercise clause
The Free Exercise Clause there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 flag
Religious Expression and the Flag there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Should 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
Websites to Use: there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 speech
Freedom of Speech there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

  • Open 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
Let’s define the word “Speech”: there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 categories
Two Categories there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

1. 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
How does the Court Decide these symbolic test cases? there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

They have developed a three part test; which they established in United States v. O’Brien

Falls within the Constitutional Power of Government

Narrowly Drawn: So government cannot use it further regulate speech

Leaves other Communication Outlets


Are there other restraints
Are there other restraints? there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 1919
Clear and Present Danger 1919 there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Page 368

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


The bad tendency doctrine 1925
The Bad Tendency Doctrine 1925 there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Speech 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 doctrine
The Preferred Position Doctrine there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

First Amendment comes first, above all others

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

Sedition Laws: 369


Defamatory speech
Defamatory speech there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

This kind of speech is not protected: This is speech that is either untrue or hurtful:

Slander: Spoken

Libel: Written

However, public officials are held to a different standard

Hustler Magazine vs. Farewell: sets up the standard that celebrities and politicians cannot sue for Defamatory speech


Fighting words
Fighting Words there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Some words are so offensive that they are deemed as unprotected speech

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


Right to assemble
Right to Assemble there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

“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

Dejongev. Oregon 1937


Dejonge vs oregon
DeJonge there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.” Vs. Oregon

Established 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
Are there limits on demonstrations? there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 assembly
Other Limits on Public Assembly there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Pg. 377

Adderlyv. Florida=

Cox v. Louisiana=

Graynedv. City of Rockford=

Freedom of Assembly does not apply to Private Property


Assembly and disorder
Assembly and Disorder there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

This is when this Principle gets difficult

The Big Three

Stokie Case

Feiner vs. New York

Gregory vs. City of Chicago


Are you allowed to picket
Are you allowed to Picket? there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

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 association
Freedom of Association there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”

Can you join an organization that the government considers to be subversive?

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

Whitney Vs. California (1927)

Dennis Vs. United States (1951)


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