Individual Rights & Liberties

UNIT 6

CHAPTER 36• Intro to Constitutional Law

• Amendments

• Due Process

• Equal protection

• Problem 36.1 Page 440

• Answer both a & b

• Be prepared to share & turn in afterward

CHAPTER 36• Three basic ideas of constitutional law:

• 1.The rights guaranteed in the Constitution are not, and cannot be absolute. The unrestricted exercise of certain rights would, in some instances, restrict the rights of others.

• 2. The Constitution protects citizens from certain actions by the government. Its protection usually does not extend to situations that are purely private; actions by private citizens, businesses, or organizations are generally not covered by the Constitution.

• 3. Enforcing one’s rights can be time-consuming and expensive. Before trying to enforce a right, you should be aware of the time and money involved.

CHAPTER 36• The U.S. Constitution provides a so-called constitutional floor, or a minimum level of

rights. States can be more protective as long as they follow Federal laws.

• The individual rights discussed in this chapter can also be called human rights.

• Some people criticize the United States for acting as a leader in political and civil rights while ignoring the need for social and economic rights. Others say that such rights are not enforceable and that the government should consider them goals rather than enforceable rights.

CHAPTER 37• Freedom of Speech

• Protects all forms of communication: speeches, books, art, newspapers, telecommunications, and other media

• Protects the person making the communication AND the one receiving it

• So it includes the right to hear, see, read and in general to be exposed to different messages and points of view

• However, it is not absolute

CHAPTER 37• Obscenity

• Government has the power to prohibit the distribution of obscene materials

• 3 Part Test determining whether expression is obscene:

• 1. Would the average person applying contemporary community standards find that the material, taken as a whole, appeals to prurient interest (an immoderate, unwholesome, or unusual interest in sex)?

• 2. Does the work depict or describe, in a patently offensive way, sexual conduct specifically outlawed by applicable state law?

• 3. Does the work, taken as a whole, lack serious literary, artistic, political, or scientific value?

CHAPTER 37• Speech not fully protected:

• Defamation: slander and libel

• Commercial Speech

• Fighting words: abusive or threatening

• Clear & present danger test: does it cause an immediate threat

• Incitement test: urging audience to take unlawful action

• Hate Speech

CHAPTER 37• Time, Place & manner Restrictions

• Laws may regulate expression in one of two ways. Some laws regulate expression based on its content. These laws deal with what a speaker is allowed to say or not to say. Other laws regulate the time, place, and manner of expression. These laws set forth when, where, and how speech is allowed

• For example: towns and cities may require citizens to obtain permits to hold a march, to use sound trucks, or to stage protests in parks, on streets, or on other public property.

• Public Forum

• ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

• Turn to page 456 and read the Case of The Nazis in Skokie.

• Answer Problem 37.7 a-e

• Discuss as a class & turn in afterwards

CHAPTER 37

• Turn to page 458-459

• Read the Case of the Flag Burning

• Answer Problem 37.9 (create your own Letter to the Editor expressing your opinion)

• ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

• Symbolic speech

• Vagueness & Overinclusive laws

CHAPTER 38• Freedom of the Press

• First Amendment to the U.S. Constitution guarantees freedom of the press. It protects us from government censorship of newspapers, magazines, books, radio, television, and film.

• In addition to providing information about news events, the press subjects all our political and legal institutions to public scrutiny and criticism.

• Disclosures

• Gag order & Prior Restraint

• 1. publication would cause a certain, serious, and irreparable harm

• 2. no lesser means would prevent the harm

• 3. the prior restraint would be effective in avoiding the harm

CHAPTER 39• Expression in Special Places

• Schools

• Turn to page 471 and read the Case of The Student Armbands

• Prisons & Military

• Both have stricter regulations on their societies due to their circumstances

• Prisons do not have to uphold all constitutional rights in reasonable circumstances

• Military units may also prohibit some rights due to the strict need for order and discipline

CHAPTER 40• Freedom of Religion

• Establishment clause

• Free exercise clause

• Parochial schools

CHAPTER 41• Due Process

• Procedural due process: fair procedures

• Substantive due process: laws have to be fair

• Unenumerated rights: those rights that are not written in the constitution but are part of the American society: right to marry, education, etc.

CHAPTER 42• Right to Privacy

• Many people contend that privacy is a basic right that should be protected against unreasonable interference by government.

• This right is protected in a variety of situations, including when people want to make certain kinds of important decisions.

CHAPTER 43• Discrimination

• Occurs when some people are treated differently than others because of their membership in a group, based on, for example, race, age, gender, or religion. However, not all types of discrimination are unfair or illegal.

• Racial Basis Test

• Strict Scrutiny Test

• Substantial Relationship Test

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Turn to page 501 & Complete Problem 43.1

CHAPTER 43• Affirmative Action

• Discrimination in Employment

• Discrimination based on National Origin and Citizenship Status

• Discrimination based on age & disability

• Gender Discrimination & Sexual Harassment

• Turn to page 520 & Complete Problem 43.10

CHAPTER 43• State & Local Laws Against Discrimination (page 536)

• Age (young or old)

• Marital status

• Personal appearance

• Source of income

• Sexual orientation

• Family responsibility (having children)

• Physical handicap

• Matriculation (status of being a student)

• Political affiliation

CHAPTER 44• Looking for a job

• Interview

• Background checks & testing applicants (page 542)

• Conditions on the job

• Wages & hours

• Taxes & benefits

• Unions

• Health & safety in the workplace

• Privacy at work

• Losing a job

• When a firing may be illegal

• Whistle blowing

• Unemployment compensation

CHAPTER 45• Immigration law

• The US policy toward immigrants is controversial, with various groups of citizens holding a wide range of competing views, particularly regarding those who are in the country illegally. With so many undocumented people in the country, immigration law and policy present a difficult challenge for lawmakers.

• Citizenship

• Green cards

• Lawful permanent resident

• Removal of noncitizens

• Asylum (seeking humanitarian protection in the US)