Chapter 19 CIVIL LIBERTIES: First Amendment Freedoms
Section 1: UNALIAENABLE RIGHTS
A Commitment to FREEDOM
Deeply rooted in our American History
The constitution talks about these Freedoms in Article 1 sections 9 & 10
And Article III.
However there was no Bill of Rights until a year after the Constitution was created.
Our Bill of Rights- First 10 Amendments were added in 1791.
The Constitution guarantees both Rights and Liberties
CIVIL LIBERTIES = protections AGAINST Government “FREEDOMS”
Freedom of Religion, Speech, Press and a Fair Trial
CIVIL RIGHTS= Positive Acts of Government
Expansion of the right to vote, prohibitions of discrimination on the basis of race,
sex, religious belief or national origin set out in the civil Rights Act of 1964.
Limited Government: ---the government gives you many freedoms
Rights are relative, NOT ABSOLUTE
You have the right to do what you want as long as it doesn’t
infringe on the rights of others.
When Rights Conflict
Freedom of the Press vs. the right to a fair trial
Dr. Sam Sheppard case—such a high profile case that the courts overturned the
Verdict and ordered a new trial.
Casey Anthony case—possibly TJ Lane case
To Whom Are Rights Guaranteed?
Most constitutional rights are extended to all persons. And the Supreme Court has said
they apply to Aliens as well. Aliens are not citizens of the country they live in.
the Korematsu case dealt with interned AMERICAN CITIZENS and the Supreme Court
upheld that issue. However Congress in 1988 admitted that the war relocation was
unnecessary and unjust plus they voted to pay $20,000.00 to each living intern.
FEDERALISM and INDIVIDUAL RIGHTS
The Bill of Rights: The First 10 Amendments were originally just for the federal government
Modifying the Effect of the 14th Amendment—The States must apply the Bill of Rights to their Laws
See What are your Due Process Rights? sheet
Gitlow v. New York in 1925----Gitlow spoke about communism and was jailed.
Supreme Court upholds the conviction but
States from that point on the states must honor Freedom of Speech
And apply Due Process Rights to State laws.
PRECEDENT CASES: for Process of Incorporation --Look in your text on page 536
The 9th Amendment---usually includes abortion cases and homosexuality cases
SECTION 2: FREEDOM OF RELIGION
The Establishment Clause:
1)Guarantees that the government will not ESTABLISH any one particular
religion as the religion of America
2)and the Government will not interfere with the EXERCISE of religion
Separation of Church and State
Thomas Jefferson came up with the Wall of Separation between church and state.
The Supreme Court did not hear its first Establishment Case until 1947.
1947 Everson v. Board of Education:-- NJ parochial school bus case
Prayers and the Bible:
1962 Engle v. Vitale: No prayer in Public Schools
1980 Stone v. Graham: no posting the 10 commandments in public classrooms
1985Wallace v. Jaffree: no prayer and meditation in public school
1992Lee v. Weisman: no prayer at public school graduations
2000Santa FeIndependentSchool District v. Doe--No prayers at public football games
Student Religious Groups
1984 Equal Access Act: any high school that receives federal funds must allow religious groups to
meet in the school on the same terms that it sets for other student
organizations
1990 Westside Community Schools v. Mergens: Supreme court upheld Equal Access Act
EVOLUTION:
1968 Epperson v. Arkansas: the Court struck down a state law that forbade teaching the scientific
theory of evolution
AID to PAROCHIAL SCHOOLS: