Civil Liberties chapter 4. What is the difference between Civil liberties and civil rights?. Civil liberties are protections against government- this means either federal or even state Civil rights- positive acts of government to protect our rights- our constitutional guarantee
Right to protest
Texas v. Johnson (1989),
In a 5-to-4 decision, the Court held that Johnson's burning of a flag was protected expression under the First Amendment. The Court found that Johnson's actions fell into the category of expressive conduct and had a distinctively political nature- even if society finds it offensive
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order.Limits on Free Speech
Schenck v. U.S. (1919):
"The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." During wartime, utterances tolerable in peacetime can be punished.
[Brandenburg v. Ohio (1969)]:The Court used a two-pronged test to evaluate speech acts: (1) speech can be prohibited if it is "directed at inciting or producing imminent lawless action" and (2) it is "likely to incite or produce such action."
1) Slander: spoken
2) Libel: written
Criticism of Public Figures IS Protected, even if it is cruel
Due Process of Law“The government cannot deprive anyone of “life, liberty, or property, without due process of law..nor deny anyone equal protection under the law.”