Ch 19 Civil Liberties

Bill of Rights

•1st 10 amendments of constitution

•Created a set of civil liberties or protections against government abuse of power

Bill of Rights Cont.

•Rights are relative not absolute

• Each person is free to do as they please as long as it doesn’t infringe on the rights of others.

1st amendment• Freedom of Speech

• Freedom of Press

• Freedom of religion

• Freedom of Assembly

• Freedom of Petition

Frredom of Religion

•1st amendment prohibits a national religion

•Prohibits government interference in the free exercise of religion

Establishment Clause

•Creates a wall of separation between church and state

•Most religious property and contributions are free from taxes.

Parochial Schools

•May receive aid for non religious items such as microscopes, math books, or computers

Prayer in Schools•1963 begin each

day with a prayer unconstitutional

•1980 10 commandments unconstitutional

•1985 moment of silence unconstitutional

Final ruling prayer in schools

•Schools may neither advance or inhibit religion

•Students must pray silently

•Or form a club that meets after or before school

Christmas Displays on Government

Property•Must be non

religious (ex snowmen, snowflakes)

•Or represent all religions.

Freedom of Speech

•The 1st amendment guarantees everyone freedom of speech in spoken and written word.

Slander

•Spoken untrue comments about a person or group

Libel

•Written untrue negative comments about a person or group.

Sedition

•An attempt to overthrow the government by force or speech

Alien and Sedition act

•Made it a crime to print utter or publish anything disloyal to the government. Has been repealed

Smith Act

•1940

•Made it a crime to advocate the violent overthrow of the government. Has since been repealed

Obscenity

•3 conditions

• Incites Lust

•Appeals to prurient nature

• Lacks intellectual artistic or political value

Prior Restraint

•Banning something before it is released to the public.

•Banned in the constitution

Freedom of Press

•Confidentiality- the right of journalists to keep their sources secret

•Shield Laws- Laws to protect journalists.

MPAA

•Rates motion pictures from G-NC 17 based on content.

FCC

•Regulates television and radio for content.

•Federal Communication Commission

Cable TV

•Faces fewer regulations because people pay for it and choose to view the content.

Symbolic Speech

•Picketing- Patrolling the outside of a business to prove a point.

•Sit ins- Sitting inside a building and refusing to leave.

Private Property

•Symbolic Speech illegal on private property or property owned by a person.

Examples of private property

•Your House

•McDonald’s

•Comerica Park

•Partridge Creek Mall

Public Property

•Symbolic Speech illegal on Public or government owned property

Examples of Public Property

•Mohegan High School

•The White House

•All Post Offices

•The sidewalk in front of your house