Natural and Civil Rights

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Natural and Civil Rights

  1. 1. Senior Social Studies
  2. 2. Natural Rights: Civil Rights: Granted byGranted by nature (you get the Constitution (Depend uponthem by being a human) the society that one lives in) Life Vote Liberty Trial by Jury Pursuit of Property Free Speech Practice your religionThese can never be taken away These CAN be taken away and(or if they are, people have the can change over time, but theyright to CHANGE the are GUARANTEED in thegovernment)—Social Contract Constitution
  3. 3. Along with rightscomes…duties!Examples: Right to trial by jury AND duty to serve on a jury when called Right to be protected by the Armed Forces AND duty to serve when drafted Right to representation AND duty to vote
  4. 4. 1. Madison and James Mason wanted a NATIONAL bill of rights (states had them, but if rights AREN’T listed, they can be taken away)2. Courts will protect and defend these rights if (or when) they are taken away (U.S. Supreme Court is the last voice—judicial review)--prevents TYRANNY!
  5. 5. Defines citizenshipDue Process clause No one can be denied [natural rights] w/o due process of lawEqual Protection clause Full benefit of all rights to all citizens Applies to actions of governments, not businesses or individuals Plessy v. Ferguson (1896); Brown v. Board (1954)
  6. 6. The Basics
  7. 7. SpeechPressReligionAssemblyPetition the Government
  8. 8. “Congress shall make no law…abridging the freedom ofspeech…”Pure speech v. symbolic speechIs this an absolute right?When can it be LEGALLY takenaway Endangering public safety Advocating illegal activity Overthrow of Government (esp. wartime) Alien & Sedition Acts (1787) Espionage Act (1917) Schenck v. United States
  9. 9. Flag burning in a protest? YES (Texas v. Johnson)Burning Draft Card? No (US v. OBrien)Picketing a privateresidence? NO (Frisby v. Schultz)Three part test to uphold: Within powers of government Regulation must be unrelated to free speech Other channels of speech are available
  10. 10. Sedition: urges resistance tolawful authority orgovernment overthrowDefamatory speech: falsespeech; damages characteror reputation Libel (written) Slander (spoken) Public official? OKFighting words: violentreactionStudent speech: can beregulated
  11. 11. Evolution of establishedlimits:1. Clear and present danger (immediate danger)2. Bad Tendency Doctrine (Restricted if it tended to lead to an illegal action)3. Preferred Position Doctrine (These are fundamental rights; will assume law is unconstitutional)
  12. 12. “Congress shall makeno law…respecting theestablishment ofreligion…[or]prohibiting the freeexercise of religion…”Establishment ClauseFree Exercise Clause
  13. 13. Establishment ClauseNo state-sponsored religionWall of separation: how high? Pledge of Allegiance MoneyEverson v. Board of Ed (1947) New Jersey Public $ used to bus Upheld (furthered education, not religion)
  14. 14. Lemon v. Kurtzman (1971)State aid to church is legal as along as:1. Have a non-religious purpose2. Can’t advance or inhibit religion3. Avoid excessive government entanglement in religion Engel v. Vitale (1962) Teaching of Intelligent Design?
  15. 15. Polygamy (Reynolds v. US)Amish & compulsoryeducation laws (Wisconsinv. Yoder)Jehovah’s Witnesses mustsalute the flag (WestVirginia State Board ofEducation v. Barnette)Using peyote (EmploymentDivision v. Smith)
  16. 16. First…
  17. 17. Centered on Channel 9’scoverage of a KKK rallyLots of guns and hatespeechBrandenburg announced amarch to WashingtonHe advocated a crimeRuling: governmentcannot constitutionallypunish abstract advocacyof force or law violation
  18. 18. Miller sent out junk mailadvertising his “adult” materialcatalogueObscene material: not protectedby 1st AmendmentMiller Test: appeals to the prurient interest work depicts/describes, in a patently offensive way, sexual conduct, lacks serious literary, artistic, political or scientific valueJustice Stewart: “I’ll know itwhen I see it”
  19. 19. Johnson burned USAflag at an anti-government rally duringthe 1984 RepublicanconventionTexas law made thisillegalThis is protectedspeech—part of apolitical protest
  20. 20. Communication DecencyAct (CDA) regulatedexplicit material on theInternetCriminal Act: broadcast"obscene or indecent“material or anything elsethat violates communitystandards to thoseunder 18Declaredunconstitutional (toobroad of a law)
  21. 21. Next…
  22. 22. NY Times ad asking for $ todefend MLK in a perjury caseDetailed actions taken by lawenforcement against CivilRights workersSome facts were wrongSullivan (Chief of Police inMontgomery) claimeddefamationRuling: have to show “actualmalice” to prove defamation
  23. 23. Times started publishingPentagon PapersCritical study of ‘Nam bythe Defense Dep’tUS sought restrainingorder to stop publishingArgument: nationaldefenseRuling: This is a priorrestraint
  24. 24. Finally…
  25. 25. Everson v. Board of Education (1947): Busingto religious school is legal (furthers educationnot religion)Lemon v. Kurtzman (1971): 3 part test: Law must have a secular legislative purpose Can’t advance or inhibit religion Must not result in an "excessive government entanglement" with religionEdwards v. Aguillard (1987): TeachingCreationism in public schools violateAmendment IIntelligent Design too (2005 Appeals Courtruling)

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