ORDER AND CIVIL LIBERTIES

Unit Four, Chapter 15

Bill of Rights
First 10 Amendments of the US Constitution (They wanted their rights to be ensured; but what if the 10 didnt define everything) Limits on the national government but not on the state governments (the right 10 only apply to protection against the fed govt, but the states are able to UNTIL 14th Amendment; state govt cannot practice infringement; incorporation of certain amendments into the state govt) Civil Liberties: negative rights freedoms guaranteed to the individual via restraints on government Civil Rights: positive rights powers and privileges guaranteed to the individual and protected against

Freedom of Religion
Free Exercise (Practice or Not) Establishment Clause (Cannot establish religion) This was incorporated into state govt T. Jefferson: Separation of Church/State Your rights end where another persons begin Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof Establishment Clause: prohibits laws establishing religion Free-Exercise Clause: prevents government from interfering with the exercise of religion Together ensure government can neither promote nor inhibit beliefs or practices Rulings over time: freedom to believe is

Establishment Clause
Case GOVERNMENT SUPPORT OF RELIGION Reynolds v. US (1879) Everson v. Board (1947) Board v. Allen (1968) Lemon v. Kurtzman (1971) Reimbursements to cover non-religious courses and salaries Public school teachers in parochial schools Voucher Programs to go to a different school that is parochial Nativity scene Was not allowed (Test: Clearly secular, inhibit or advance religion, excessive entanglement) Restriction, however not excessive govt entanglement Upheld (church and state not as separated) Restriction, historical basis Mormon, polygamy Reimbursements for transport Upheld restrictions Can give $, Incorporation, Secular issue Issue Outcome/Impact

Agostini v. Felton (1997) Zelman v. Simmons-Harris (2002) Lynch v. Donnelly

SCHOOL PRAYER (No organized prayer in public schools; clubs can, though) Engel v. Vitale (1962) Abington School District v. Schemp (1963) Lee v. Weisman (1992) Santa Fe Independent School District v. Doe (2000) Good News Club v. Mildford (2001) Religious club formation Yes Prayer at graduation Upheld separation Nondenominational prayer Upholding separation

Free Exercise Clause

Distinguish between religious beliefs from actions based on those beliefs Sherbert v. Verner (1963) Neutral law that burdens free exercise of religion is subject to strict scrutiny Law may be upheld if: 1. Law is justified by a compelling government interest 2. Law is narrowly tailored to achieve a legitimate goal 3. Law in question is least restrictive means for achieving interest

Freedom of Expression
Free-expression clauses: press and speech clauses of First Amendment Dominant view: confer right to unrestricted discussion of public affairs Prior restraint: censorship before publication, as well as after-thefact prosecution for political and other discourse 1. Government regulate or punish advocacy of ideas, only if can prove intent to promote lawless action and demonstrate high probability such action will occur 2. Government may impose reasonable restrictions on means for communicating ideas

Freedom of Speech
Case Schenk v. US (1919) Gitlow v. New York (1925) Dennis v. US (1951) Brandenburg v. Ohio (1969) SYMBOLIC EXPRESSION Tinker v. Des Moines (1969) Texas v. Johnson (1989) ORDER V. FREE SPEECH Chaplinsky v. New Hampshire (1942) Issue Outcome/Impact

Cohen v. California (1971)

Reno v. ACLU (1997)

Freedom of Press
Defamation of Character Public Figures: people who assume roles of prominence or thrust themselves to the forefront of public controversies; must show actual malice

New York Times v. Sullivan (1964) Hustler Magazine v. Fallwell (1988)

Prior Restraint Near v. Minnesota (1931) New York Times v. US (1971)

Freedom of Expression Versus Maintaining Order

Freedom of the press does not override requirements of law enforcement Branzburg v. Hayes (1972) Hazelwood School District v. Kuhlmeier (1988) Morse v. Frederick (2007)