UNIT 3 "Civil Liberties and Civil Rights"

Civil Rights

Positive actions by the government to protect citizens civil liberties

Freedom of Religion P1 [Establishment Clause]

The government may not create or support any religion

Freedom of Religion P2 [Free Exercise Clause]

A person is free to belive in whatever they choose religiously, or nothing at all. BUT the government can tell you how to PRACTICE your religion.

Lemon v Kurtzman

1970s supreme court case. The government can be involved with religion, but not for religious reasons

What are the 3 parts of the Lemon Test?

1) Secular Purpose: The law or government action must have a non-religious, worldly purpose

2) Primary Effect: The main impact of the action must neither advance nor stop religion

3) Excessive Entanglement: The action must not cause too much connection or involvement between the government and religious groups

Define Slander & Libel?

Slander: false and malicious use of words that cause harm to others

Libel: the written version of slander

What is Sedition?

The use of speech to incite an overthrow of the government

Shield Laws

Laws that protect reporters from revealing their sources (to law enforcement and government)

Prior Restraint

The government cannot stop ideas from being expressed beforehand

Obscenity

If something is deemed to be obscene, it is not protected by the first amendment

What are the 2 criteria for Obscenity?

1) Does it violate “community standards”?

2) Does the expression have “artistic value”?

Symbolic Speech

Freedom of expression (flag burning, signs, gestures, armbands, etc.) that does not use words

Right of Assembly

The right to get together. Assembly must be peaceful! The government can set reasonable restrictions

Right of Petition

The right to contact government officials with concerns or complaints. They work for you! Not vice versa! Phone calls, emails, letters, etc.