Liberty and Justice for All
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Transcript of Liberty and Justice for All
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Liberty and Justice for All
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What are Civil Rights?http://www.youtube.com/watch?v=
gdTpU5WZHHM
What does this speech mean to you?
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Issues in the NewsPage 355: How does this issue compare to Dr.
King’s Speech?
They both deal with Human Rights or Fundamental Freedoms which lie at the heart of the American Political System
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What are some of these rights?To speak freely?
To read and write what they choose?
To worship as they wish?
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Quick ReviewWe know that the Constitution guarantees
these rights.
We also knows that it protects these rights. But who protects these rights?
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“Liberty lies in the heart of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.”
What does this quote mean to you?
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We are ResponsibleAs Citizens we share a common faith in the
power we have to steer our government.
If we do not carry out our responsibilities then the whole society suffers.
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The Bill of RightsAs we know is our greatest protector of our
Civil Rights and Liberties
“Congress shall make no law”
Did it apply to the states?
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Not at first?Barron Vs. Baltimore
1833 “The first ten amendments
contain no expression indicating an intention to apply them to the state government.”
John Marshall
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The 14th AmendmentPaved the way for a major expansion of
Individual rights
It defined Citizenship: A person born or naturalized in the United States is a citizen of the nation and the state of residence
However, it also made individual rights: national rights: Page 356 (Open your Books)
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IncorporationDefinition: The process by which the Bill of
Rights was extended to the states and localities
Why is it important?
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The Answer If it was not incorporated states could possibly
deny certain rights to certain citizens of that state.
Example: The Poll Tax
As a result of incorporation the Bill of Rights has become the final safeguard when personal rights are affected
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This does create controversyhttp://www.glencoe.com/video_library/index_wi
th_mods.php?PROGRAM=9780078747625&VIDEO=2239&CHAPTER=13&MODE=2
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Freedom Of ReligionWhat does this issue in the news tell you?
No matter how you feel you cannot deny that religion plays or has played a significant part of American Life
Over 90% of Americans identify with a religion And Religious Freedom is guaranteed in the 1st
Amendment
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So why can’t we pray here today? In order to understand that we have to
understand the two clauses of the 1st Amendment
The Establishment Clause “States that Congress shall make no law
respecting an establishment of religion.”
The Free Exercise Clause “Prohibits government from unduly interfering with
the free exercise of religion.”
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The Establishment Clausehttp://www.firstamendmentcenter.org/rel_libert
y/publiclife/overview.aspx
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“Wall of Separation”
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Religion is EverywhereGovernment Officials take their oaths of office
in the name of God.Since 1864 most of the nation’s coins carry the
motto “In God we Trust”Pledge of Allegiance: “one nation under God”Public meetings including daily sessions of
congress open with a prayerDoes Government encourage religion?
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Chaplains serve with the army.
Church property and contributions to religious groups are taxed exempt
You can see how this leads to controversy
And who is supposed to solve this controversy?
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The Supreme CourtFirst Establishment Clause case did not come
about until 1947 when it decided
Everson vs. Board of Education
State Aid to Parochial Schools, should the federal government give aid to these schools?
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The Free Exercise Clause Religious Practice may be limited
For example in Reynolds v. United States: George Reynolds, Polygamy case
Oregon vs. Smith: Worker was denied unemployment benefits since he was fired for using drugs as part of a religious ceremony
Wisconsin vs. Yoder: Court upheld religious practices by saying Amish parents did not have to send their children to school past 8th grade, since it violated Amish religious beliefs
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Religious Expression and the FlagShould you have to salute the flag?
In 1936 William Gobitis was expelled from school for not saluting the flag- It was against his religious beliefs, so should he have to salute the flag
Court said the school was correct- Saluting the flag did not infringe on religious freedom
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Websites to Use: www.oyez.org
http://www.firstamendmentcenter.org/rel_liberty/publiclife/overview.aspx
http://www.law.cornell.edu/supct/
http://www.digitalhistory.uh.edu/supreme_court/supreme_court.cfm
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Freedom of SpeechOpen your books and carefully read on page
366 The Issue in The News and The First Paragraph before Types of Speech
What do you think? Should the First Amendment protect the
expression of unpopular ideas?
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Let’s define the word “Speech”: How many of you would agree with the following: Giving a Speech that to the student body at a student
assembly .
What about wearing black armbands to protest a war?
Or protesting a law at the Capitol
Are these all speech?
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Two Categories1. Pure Speech: The Verbal Expression of
thought and opinion before an audience that has chosen to listen
This type of speech has traditionally been powerfully protected by the Supreme Court
2. Symbolic Speech: Sometimes called expressive conduct-involves the use of actions and symbols in addition to or instead of words to express opinions
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How does the Court Decide these symbolic test cases?They have developed a three part test; which
they established in United States v. O’Brien
1. Falls within the Constitutional Power of Government
2. Narrowly Drawn: So government cannot use it further regulate speech
3. Leaves other Communication Outlets
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Are there other restraints?Yes, and there have to be: For example
seditious speech: Which is speech urging resistance to lawful authority or advocating the overthrow of government
But the challenge for the court is when to end these restraints
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Clear and Present Danger 1919Page 368
When speech in question clearly presents an immediate danger, the First Amendment does not protect it
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The Bad Tendency Doctrine 1925Speech could be restricted even if it had only a
tendency to lead to illegal action.
This is not often used
But some Americans think that societies need for order justifies any damage to basic freedoms
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The Preferred Position DoctrineFirst Amendment comes first, above all others
Any law limiting these freedoms should be found unconstitutional unless it is absolutely necessary.
Sedition Laws: 369
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Defamatory speechThis kind of speech is not protected: This is
speech that is either untrue or hurtful:Slander: SpokenLibel: WrittenHowever, public officials are held to a different
standardHustler Magazine vs. Farewell: sets up the
standard that celebrities and politicians cannot sue for Defamatory speech
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Fighting WordsSome words are so offensive that they are
deemed as unprotected speech
Chaplinsky v. New Hampshire (1942): Some words incite fighting, which is a breech of the peace and therefore are not protected.
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Right to Assemble“the right to peacefully assemble, and to
petition the Government for a redress of grievances”
Without this Freedom, no political parties and no special interest groups could exist to influence the actions of government
Dejonge v. Oregon 1937
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DeJonge Vs. OregonEstablished two legal principles
1. Assembly is as important as the rights of free speech and free press
2. Due Process Clause Applies to Freedom of Assembly
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Are there limits on demonstrations?Yes, if there is any potential of violence- example
KKK parade then perhaps the Court would rule in favor of a state not allowing the parade
http://www.youtube.com/watch?v=fYh8MOnAgv8
To ensure public order and safety, many states require permits- so streets will not be blocked- Cox. V. New Hampshire
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Other Limits on Public AssemblyPg. 377Adderly v. Florida=
Cox v. Louisiana=
Grayned v. City of Rockford=Freedom of Assembly does not apply to Private
Property
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Assembly and DisorderThis is when this Principle gets difficult
The Big ThreeStokie CaseFeiner vs. New YorkGregory vs. City of Chicago
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Are you allowed to Picket?Not until 1940 in Thornhill vs. Alabama did the
Supreme Court Rule that peaceful Picketing was a form of Free Speech
But since this case the court has begun to limit picketing
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Freedom of AssociationCan you join an organization that the
government considers to be subversive?
In DeJonge v. Oregon (1937) the Supreme Court extended the right to freely assemble
Whitney Vs. California (1927)Dennis Vs. United States (1951)