Chapter 4Civil Liberties

Pages 93 - 102

Thursday’s Reading

Freedom of press, speech, religion and assembly

1.) FOUR liberties in 1st Amendment

Don’t need to write all this… “No State shall make or enforce any law

which shall abridge the privileges or immunities of citizens of the United States” (14th Amendment)

This amendment NATIONALIZES the Bill of Rights

2.) States abiding by Bill of Rights

Establishment Clause – Congress can’t make laws establishing a religion

Free exercise Clause – prohibits the abridgement (restriction) of citizens’ freedom to worship OR not worship as they please

3.) Religious Rights (2 types)

Dealing with aid (money) to church-related schools

Must do the following: “Lemon Test” a.) Have a secular purpose b.) Have a primary effect that neither

advances nor inhibits religion c.) Not foster an excessive government

“entanglement” with religion

4.) Lemon v. Kurtzman

Religion sometimes forbid actions that society thinks are necessary; OR religions may require actions that society finds unacceptable. multiple marriages use of illegal drugs resist military service Amish sending students to public schools More examples??

5.) Complications to Free Exercise

Please refer to your student notes Question 1 Question 2 Question 3

Multiple Choice

Pages 102 - 112

Friday’s Reading

Definition: CENSORSHIP Gov’t preventing material from being

published Case protecting newspapers from

censorship Near v. Minnesota Newspaper created a list of public officials

– calling them gangsters, corrupt, etc.

1.) Prior Restraint

Peace and wartime! Clear and present danger rule

(Schenck case) – speech limited Smith Act 1940 – protecting nat’l

security outweighed 1st Amendment After 1960s protest – speech more

“free” when discussing war

2.) Change in free speech

NOT protected according to Roth v. United States

3.) Obscenity!!!

The person WRITING the negative words!!!

Right to have the ability to criticize public officials

Don’t want to bring attention to themselves

4.) Winner of libel cases??

Burning a flag Wearing armbands to protest war Marching in a parade Actions not requiring speaking or

writing

Other ideas??

5.) Symbolic Speech

S.C. has NEVER restricted access to trials

1st Amendment entitles press to cover every trial

6.) Restrictions on Press

Communication in the form of advertising

Can be restricted more than any other speech WHY??

7.) Commercial Speech

Federal Communications Commission regulates content of radio and t.v. broadcasting

Miami Herald – a state could NOT force a newspaper to print replies from candidates it had criticized

Red Lion – court upheld restrictions on radio and t.v. Restrictions tighter on those mediums b/c there

are less options available than print media Will probably never see these cases on exam –

just be aware of the FCC involvement

8.) Miami Herald and Red Lion Cases

Time, place and manner restrictions Get a permit with local/city gov’t Permission granted IF “time and place” allows

the police to prevent major disruptions Virtually NO restrictions on the content of

group’s message Good or bad??

9.) Right to Assemble

PART of freedom of assembly Ability to associate with people who share a

common interest NAACP v. Alabama

State wanted names of NAACP members Court found demand unconstitutional

10.) Right to Associate

Question 1 Question 2

Multiple Choice