Ch. 4 Civil LibertiesCh. 4 Civil LibertiesReviewReview

Civil Liberties

Limits the power of the federal government

What the government can NOT do

First Amendment

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceable to assemble, and to petition the government for a redress of grievances”.

14th Amendment

Originally applied only to laws enacted by Congress

Gitlow v. New York (1925) – extended certain provisions of the first amendment to the governments of the individual states (due process)

Freedom of Religion

Free exercise clause Establishment clause

Lemon v. Kurtzman (1971) Pennsylvania’s 1968 Nonpublic

Elementary and Secondary Act – allowed the state Superintendent of Public Instruction to reimburse nonpublic schools (most – Catholic) for the salaries of teachers who taught secular material, secular textbooks, and secular materials

Lemon Test

If any of the 3 requirements are violated, the government’s actions are deemed unconstitutional

1. The government's action must have a secular legislative purpose;

2. The government's action must not have the primary effect of either advancing or inhibiting religion;

3. The government's action must not result in an "excessive government entanglement" with religion.

Freedom of Expression

Speech and national security

What did Justice Oliver Wendell What did Justice Oliver Wendell Holmes say about restricting free Holmes say about restricting free speech in Schenck v. United speech in Schenck v. United States (1919)?States (1919)?

Restrictions on free speech are Restrictions on free speech are permissible only when speech permissible only when speech presents a “clear and present presents a “clear and present danger” to the public.danger” to the public.

What is the bad-tendency rule? What is the bad-tendency rule? Where did it come from?Where did it come from?

It is a rule stating that speech or It is a rule stating that speech or other First Amendment freedoms other First Amendment freedoms may be curtailed if there is a may be curtailed if there is a possibility that such expression possibility that such expression might lead to some “evil.”might lead to some “evil.”

It came from the decision in It came from the decision in Gitlow v. New York.Gitlow v. New York.

Describe what happened in the Describe what happened in the Gitlow case.Gitlow case.

A member of a left-wing group A member of a left-wing group was convicted of violating New was convicted of violating New York State’s criminal anarchy York State’s criminal anarchy statute when he published and statute when he published and distributed a pamphlet urging the distributed a pamphlet urging the violent overthrow of the U.S. violent overthrow of the U.S. government.government.

What is prior restraint?What is prior restraint?

Restraining an action before the Restraining an action before the activity has actually occurred. It activity has actually occurred. It involves censorship, as opposed involves censorship, as opposed to subsequent punishment.to subsequent punishment.

Describe the significance of Describe the significance of

New York Times v. United States New York Times v. United States (1971)(1971)

The New York Times case involve The New York Times case involve the Pentagon Papers, a document the Pentagon Papers, a document critical of the U.S. involvement in critical of the U.S. involvement in the Vietnam War. The government the Vietnam War. The government argued against its publication on argued against its publication on the grounds of national security. the grounds of national security. The Court upheld the “prior The Court upheld the “prior restraint” rule and allowed the restraint” rule and allowed the publication.publication.

What is symbolic speech? Give What is symbolic speech? Give examples.examples.

Symbolic speech is nonverbal Symbolic speech is nonverbal expression of beliefs, which is expression of beliefs, which is given substantial protection by given substantial protection by the courts. Examples include the courts. Examples include gestures, movements, articles of gestures, movements, articles of clothing, burning of the flag, etc.clothing, burning of the flag, etc.

What did the Supreme Court say What did the Supreme Court say in these cases concerning in these cases concerning symbolic speech?symbolic speech?

A) Tinker v. Des Moines School A) Tinker v. Des Moines School District (1969)District (1969)

B) Texas v. Johnson (1989)B) Texas v. Johnson (1989)

A)A) The Court ruled that students The Court ruled that students could wear black arm bands to could wear black arm bands to protest the Vietnam War.protest the Vietnam War.

B)B) The Court ruled that burning of The Court ruled that burning of the American flag is a form of the American flag is a form of symbolic speech and is symbolic speech and is protected.protected.

Fighting words – racial slurs that can provoke the “average” listener to fight

Hecklers’ veto – disruptive behavior by listeners to public speakers

Gag orders – judge order to avoid the publishing of case information

Obscenity Obscenity

How did Justice Potter Stewart How did Justice Potter Stewart define obscenity in Jacobellis v. define obscenity in Jacobellis v. Ohio?Ohio?

““I know it when I see it”I know it when I see it”

What are the requirements What are the requirements established by Miller v. California established by Miller v. California for a material to be considered for a material to be considered legally obscene?legally obscene?

1) 1) The average person must find it violates The average person must find it violates contemporary community standards.contemporary community standards.

2)2) The work taken as a whole appeals to a The work taken as a whole appeals to a prurient interest in sex.prurient interest in sex.

3)3) The work shows patently offensive The work shows patently offensive sexual conduct.sexual conduct.

4)4) The work lacks serious redeeming The work lacks serious redeeming literary, artistic, political, or scientific literary, artistic, political, or scientific merit.merit.

According to the Court in the Miller According to the Court in the Miller case, who defines “prurient case, who defines “prurient interests”? What problem does interests”? What problem does this cause?this cause?

The definition is left to community The definition is left to community standards.standards.

The problem is that a work of art The problem is that a work of art in New York or California would in New York or California would put you in jail in Florida.put you in jail in Florida.

How tough has the Supreme Court How tough has the Supreme Court been on child pornography?been on child pornography?

It has been very tough. It has It has been very tough. It has upheld state laws making it upheld state laws making it illegal.illegal.

How has the Court ruled about How has the Court ruled about pornography on the internet? pornography on the internet? Has these decisions been good Has these decisions been good or bad for us?or bad for us?

The Court has ruled almost all The Court has ruled almost all restrictions of the internet as restrictions of the internet as unconstitutional. unconstitutional.

This has protected our access to This has protected our access to information that may have been information that may have been blocked by the government.blocked by the government.

What is defamation of character? What is defamation of character? What is the difference between What is the difference between slander and libel?slander and libel?

Defamation of character is Defamation of character is wrongfully hurting a person’s wrongfully hurting a person’s good reputation. good reputation.

Slander is the public uttering of a Slander is the public uttering of a false statement that harms the false statement that harms the good reputation of another.good reputation of another.

Written defamation is libel.Written defamation is libel.

When it comes to libel, what is the When it comes to libel, what is the difference between private difference between private individuals and public figures individuals and public figures (public officials, movie stars, and (public officials, movie stars, and generally all persons who become generally all persons who become know to the public because of know to the public because of their positions or activities)?their positions or activities)?

For public figures, in order to sue For public figures, in order to sue for libel, they must prove:for libel, they must prove:

*The statement was made with *The statement was made with actualactual malicemalice — that is, with — that is, with either knowledge of its falsity or a either knowledge of its falsity or a reckless disregard of the truth.reckless disregard of the truth.

Why are radio and television Why are radio and television broadcasts more limited in their broadcasts more limited in their rights to freedom of speech?rights to freedom of speech?

Because the government owns Because the government owns the airwave frequencies and the airwave frequencies and regulates them with the FCC regulates them with the FCC (Federal Communications (Federal Communications Commission). That’s why cable Commission). That’s why cable stations like HBO can have more stations like HBO can have more provocative shows.provocative shows.

What is the Equal Time Rule? The What is the Equal Time Rule? The Personal Attack Rule?Personal Attack Rule?

The Equal Time Rule is a FCC regulation The Equal Time Rule is a FCC regulation that requires broadcasting stations that that requires broadcasting stations that give or sell air time to political candidates give or sell air time to political candidates to make equal amounts of time available to make equal amounts of time available to all competing candidates.to all competing candidates.

The Personal Attack Rule is a FCC The Personal Attack Rule is a FCC regulation that requires broadcasting regulation that requires broadcasting stations, if the stations are used to attack stations, if the stations are used to attack the honesty or integrity of persons, to the honesty or integrity of persons, to allow the persons attacked the fullest allow the persons attacked the fullest opportunity to respond.opportunity to respond.

Privacy

Roe v. Wade (1973) 1st-woman and her doctor decide 2nd-specific conditions 3rd-states allowed to

outlaw/regulate