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Ch. 4 Civil Liberties Review. Civil Liberties. Limits the power of the federal government What the government can NOT do. First Amendment.
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Civil Liberties Limits the power of the federal government What the government can NOT do
First Amendment “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the government for a redress of grievances”.
14th Amendment Originally applied only to laws enacted by Congress Gitlow v. New York (1925) – extended certain provisions of the first amendment to the governments of the individual states (due process)
Freedom of Religion Free exercise clause Establishment clause
Lemon v. Kurtzman (1971) Pennsylvania’s 1968 Nonpublic Elementary and Secondary Act – allowed the state Superintendent of Public Instruction to reimburse nonpublic schools (most – Catholic) for the salaries of teachers who taught secular material, secular textbooks, and secular materials
Lemon Test If any of the 3 requirements are violated, the government’s actions are deemed unconstitutional 1. The government's action must have a secular legislative purpose; 2. The government's action must not have the primary effect of either advancing or inhibiting religion; 3. The government's action must not result in an "excessive government entanglement" with religion.
Freedom of Expression Speech and national security
What did Justice Oliver Wendell Holmes say about restricting free speech in Schenck v. United States (1919)?
Restrictions on free speech are permissible only when speech presents a “clear and present danger” to the public.
It is a rule stating that speech or other First Amendment freedoms may be curtailed if there is a possibility that such expression might lead to some “evil.” • It came from the decision in Gitlow v. New York.
A member of a left-wing group was convicted of violating New York State’s criminal anarchy statute when he published and distributed a pamphlet urging the violent overthrow of the U.S. government.
Restraining an action before the activity has actually occurred. It involves censorship, as opposed to subsequent punishment.
Describe the significance of New York Times v. United States (1971)
The New York Times case involve the Pentagon Papers, a document critical of the U.S. involvement in the Vietnam War. The government argued against its publication on the grounds of national security. The Court upheld the “prior restraint” rule and allowed the publication.
Symbolic speech is nonverbal expression of beliefs, which is given substantial protection by the courts. Examples include gestures, movements, articles of clothing, burning of the flag, etc.
What did the Supreme Court say in these cases concerning symbolic speech? A) Tinker v. Des Moines School District (1969) B) Texas v. Johnson (1989)
The Court ruled that students could wear black arm bands to protest the Vietnam War. • The Court ruled that burning of the American flag is a form of symbolic speech and is protected.
Fighting words – racial slurs that can provoke the “average” listener to fight • Hecklers’ veto – disruptive behavior by listeners to public speakers • Gag orders – judge order to avoid the publishing of case information
Obscenity How did Justice Potter Stewart define obscenity in Jacobellis v. Ohio?
What are the requirements established by Miller v. California for a material to be considered legally obscene?
1) The average person must find it violates contemporary community standards. 2) The work taken as a whole appeals to a prurient interest in sex. 3) The work shows patently offensive sexual conduct. 4) The work lacks serious redeeming literary, artistic, political, or scientific merit.
According to the Court in the Miller case, who defines “prurient interests”? What problem does this cause?
The definition is left to community standards. • The problem is that a work of art in New York or California would put you in jail in Florida.
It has been very tough. It has upheld state laws making it illegal.
How has the Court ruled about pornography on the internet? Has these decisions been good or bad for us?
The Court has ruled almost all restrictions of the internet as unconstitutional. • This has protected our access to information that may have been blocked by the government.
What is defamation of character? What is the difference between slander and libel?
Defamation of character is wrongfully hurting a person’s good reputation. • Slander is the public uttering of a false statement that harms the good reputation of another. • Written defamation is libel.
When it comes to libel, what is the difference between private individuals and public figures (public officials, movie stars, and generally all persons who become know to the public because of their positions or activities)?
For public figures, in order to sue for libel, they must prove: *The statement was made with actualmalice — that is, with either knowledge of its falsity or a reckless disregard of the truth.
Why are radio and television broadcasts more limited in their rights to freedom of speech?
Because the government owns the airwave frequencies and regulates them with the FCC (Federal Communications Commission). That’s why cable stations like HBO can have more provocative shows.
The Equal Time Rule is a FCC regulation that requires broadcasting stations that give or sell air time to political candidates to make equal amounts of time available to all competing candidates. • The Personal Attack Rule is a FCC regulation that requires broadcasting stations, if the stations are used to attack the honesty or integrity of persons, to allow the persons attacked the fullest opportunity to respond.
Privacy • Roe v. Wade (1973) • 1st-woman and her doctor decide • 2nd-specific conditions • 3rd-states allowed to outlaw/regulate
