Bill of Rights, Civil Rights, and Amendments: Part 1

1. Bill of Rights, Civil Rights, and Amendments: Part 1 learnnc.org By: Lexi Neiling and Megan Hurt 5/06/2010 4th period orinfamily.com

2. Freedom of Speech • The Sedition Act, Espionage Act, and the Smith Act were all laws that made it illegal to speak out against the government. • Anyone who violated these laws could be thrown in prison. worldart.com.au

3. Prior Restraint and the Balance Test • Prior Restraint- gave the American people freedom from censorship, but said they had to deal with the consequences of what they print. • The Balance Test stated that there must be a balance between freedom of speech and public order. Public Order Freedom of Speech http://www.google.com/imgres?imgurl=http://www.carstickers.com/prodimages/1124.gif&imgrefurl=http://www.carstickers.com/proddetail.php%3Fprod%3D1124&usg=__ZEVUBqEq3OIOq10RB0qpinaLnnQ=&h=150&w=160&sz=2&hl=en&start=5&um=1&itbs=1&tbnid=MD_GDef-1zPH_M:&tbnh=92&tbnw=98&prev=/images%3Fq%3Dlegal%2Bscales%26um%3D1%26hl%3Den%26sa%3DG%26tbs%3Disch:1

4. Symbolic Speech • Texas v. Johnson- • Texas law said that it was illegal to burn an American flag, but the Supreme Court stated that flag burning was symbolic speech and therefore could not be limited. • US v. Eichman – • Stated that a federal law against flag burning was unconstitutional. digitaljournal.com

5. What is Speech? • Libel- when someone writes and publishes something about you that is not true. • Slander- when someone says something about you that is not true. palomapentarian.wordpress.com

6. Libel and Obscenity Court Cases • NY Times v. Sullivan • Libel case; the Supreme Court ruled in favor of the NY times because in order to prove libel one has to prove that there was “a reckless disregard for the truth.” • Miller v. California • Obscenity case in which the Supreme Court stated: 1. Something’s obscene only if it appeals to sexual interest, 2. If the sexual conduct is portrayed in an offensive way, 3. It lacks serious literary , scientific, artistic value.. • Usually it is up to the community to decide what is obscene claytravis.net

7. Student Speech • Tinker v. De Moines • Ruled that schools cannot restrict student speech, unless it interferes with the learning process. • “Student rights do not stop at the schoolhouse gates” The Supreme Court ruled that the black armbands did not disrupt school, so students should be allowed to wear them. • http://4.bp.blogspot.com/_lL9bkHorxtg/SaQo6zqGAtI/AAAAAAAAAXE/PCRAjSXVumc/s400/marybethjohntinker.jpg

8. Schenk v US: clear and present danger test • The Supreme Court ruled that the mailings could not be passed out. • Created the Clear and Present Danger Test which states that speech may be limited during wartime when it incites violent action northernsun.com

9. Other Freedom of Speech Court Cases • Gitlow v NY: • Supreme Court: Bill of Rights does apply to the states • Significance: used 14th amendment to say Bill of Rights applies to states • Brandenburg v. Ohio: • Supreme Court: in favor of Brandenburg • Significance: his actions don’t call for illegal behaviors • Imminent danger (possible danger) • American Nazi Party v. Skokie, Ill. • Supreme Court: they had to let them march and assume they’re going to be peaceful laws.com

10. Freedom of Religion • Free Exercise Clause- states that the government cannot interfere with a person’s religion. • The Establishment Clause- states that the government cannot force a religion onto a person in the Untied State of America. mobyrebuttal.blogspot.com

11. The Lemon Test • Lemon v. Kurtzman “Lemon Test” • Is involvement of government for a secular purpose? • Does it advance or prohibit religious purpose? • Is there “excessive entanglement” • Significance: formation of lemon test. Used to help decide from hereafter mnscience.org

12. Prayer in Schools • Engle v. Vitale: • Organized prayer in school is unconstitutional • Abington School District v. Schemp: • No organized Bible readings • Wallace v. Jaffree: • Moment of silence “for prayer” not allowed • Lee v. Weisman: • No organized prayer by a religious official at graduation • Santa Fe Independent School District v. Doe: • Organized prayer at extra-curricular over a PA system is unconstitutional. If student leads prayer it’s ok. • Zelamn v. Simmons-Harris: (Private Choice Test) • Money has to go to parent and then parent has choice of which school. • Is it for a secular reason? • Must be alternatives. http://www.skeptictank.org/hs/prayer.jpg

13. Evolution • Epperson v. Arkansas: • Schools can’t outlaw teaching the theory of evolution • Edwards v. Aguillard: • Can’t teach creationism as a religious theory http://www.xenophilia.com/blog/wp-content/uploads/2007/12/evolution.jpg

14. Freedom of the Press • Protect Expression: right to address government with grievances if need be. No censorship but there will be prior restraint. • Clear and Present Danger: fine line, allow printing then trouble comes • Supreme Court Cases: • Near v. Minnesota: • Freedom of the press applies to the states • Hazelwood School District v. Kuhlmerer: • Freedom of the press can be limited in public schools • Hustler Magazine v. Faldwell: • Ruled for magazine because he is a public figure and he put himself out there • http://www.freedomhouse.org/images/FoP/2009/Stei081213_med.jpg