First Amendment and Civil Liberties (So God help us all)

What is terrorism?

Terrorism refers only to those violent acts that are intended to create fear.

• 9/11

  • 4 planes, 2 WTC, 1 Pentagon, and United 93

  • Terrorism organization - Al Qaeda (Osama Bin Laden #1 on FBI list 10 years)

  • Jihad - Holy War on the west

Acted out for…

• Religious, political, or ideological goals.

  • Usually target or disregard the safety of non-combatants.

How did the interactions of the branches change post 9/11?

Legislative

• Created the Patriot Act, allocated funds for war, drones, Guantanamo Bay, Immigration laws post 9-11, Congress allocates funds for Homeland, Torture.

Executive

• Signed Patriot Act and enforces it, oversees the NSA, commander in chief over wars, drone strikes, enforces the immigration laws, created homeland security position.

Judicial

• Courts ruled on constitutionality of laws created. Warrants for spying.

What are the five rights listed in the 1st Amendment?

1. Freedom of Religion

2. Freedom of Speech

3. Freedom of Press

4. Freedom to Assemble Peaceably

5. Right to Petition the Government

Freedom of Religion (The Establishment Clause)

Establishment Clause

• Prohibits the establishment of a Church that is officially supported by the national government.

  • It includes conflicts concerning school prayer, teaching evolution, religious displays in public places, etc.

• 11% of children attend private schools in America. 80% are religious.

Exceptions:

The SCOTUS has allowed states to use tax funds for lunches, textbooks, speech and hearing problems, standardized tests, computers, transportation, and special education.

Voucher systems.

Freedom of Religion (Extra Information)

Separation of Church and State

Thomas Jefferson - “There should be a wall of separation between Church and State.” (quote not in the constitution)

• Most public officials take oath in the name of God.

• Congress and most state and local governments open with prayer.

• National Currency mentions God.

What is the First Amendment of the Constitution?

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 peaceably to assemble, and to petition the government for a redress of grievances.

The Free Exchange of Ideas

The Freedom of Speech and Press guarantees are meant to:

• Protect each person’s right of free expression, whether spoken, written, or communicated in any other way.

  • Protects people’s rights to discuss public affairs.

Freedom of Speech and Press do not protect:

• Libel, the false and malicious use of written words.

• Slander, the false and malicious use of spoken words.

• Obscenity

• Words that incite others to commit crimes.

What is Seditious Speech?

Sedition is attempting to overthrow the government by force or to disrupt its lawful activities by violent acts. Seditious speech is speech that urges such conduct.

NOT PROTECTED BY THE FIRST AMENDMENT!!!

3 major laws Congress enacted to prevent sedition and seditious speech:

• The Alien and Sedition Acts

  • Made false criticism of the government illegal. Expired 1801.

  • Real reason was to stifle the opponents of John Adams.

• The Sedition Act of 1917

  • Made it a crime to encourage disloyalty or spread anti-government ideas during a time of crisis. (Clear and Present Danger)

• The Smith Act of 1940

  • Forbade advocating violent overthrow of the government. Today it is difficult to enforce.

Why is free expression vital to democracy?

The free exchange of information allows for an informed electorate.

• Includes symbolic speech - nonverbal expression likely to be understand by those viewing it.

Gitlow v. New York

1925

States cannot abridge free speech due to the 14th Amendment; starts the principle of incorporation.

Established the Incorporation Doctrine

• Extends the 1st amendment rights to states to the 14th Amendment

Everson v. Board of Education

1947

Tax money can be used for private schools for non-religious issues: Buses, standardized testing, specialized equipment, etc.

Question/conflict that arose from this case - Why should people’s tax money go to private schools if parents chose to put their children in the private schools?

Lemon v. Kurtzman

1971

Created the “Lemon Test” to determine if the government was establishing religion.

Lemon Test

1. Government’s role must have secular purpose.

2. Principal affect must be to not advance or inhibit religion.

3. Must not foster excessive government entanglement with religion.

New York passed the lemon test stating they could pay church-related schools what it costs them to administer standardized tests.

Engel v. Vitale

1962

There cannot be prayer in public schools.

• Supreme court allowed them to march? (I’m not even sure what this means it was just in the notes)

Edwards v. Aquilard

1987

State can now require that creationism (the religious take on evolution) be taught alongside evolution in schools.

Wisconsin v. Yoder

1972

Old order Amish do not have to attend school after 8th grade.

Schenk v. United States

1919

Establish the idea of a “Clear and Present Danger.”

• Words can be outlawed. Those who utter them can be punished if there is an immediate danger of criminal activity will follow.

• Started due to leaflets of encouragement being sent out to not register for the draft.

Justice Oliver Wendell Holmes Jr - “You can’t yell fire in a crowded theater.”

Nationalist Socialist Party v. Village of Skokie

1977

Colins was able to organize a Neo-Nazi march in front of a town that was predominantly Jewish. (Ended up just marching in Chicago instead like a bozo)

What is the difference between civil liberties and civil rights?

Civil liberties protect against the government.

Civil rights are associated with positive acts of government that seek to make constitutional guarantees a reality for all people.

What is the purpose of the establishment and free exercise clause?

Establishment Clause: Prohibits the establishment of religion.

Free Exercise Clause: Probits any arbitrary interference by the government with the free exercise thereof.

What was the immediate basis for the First Amendment?

The Virginia Statute for Religious Freedom.

What are two ways in which the government has encouraged churches and religion in the U.S.?

Nearly all property of and contributions to religious sects are free from federal, State, and local taxation.

Public officials take an oath of office in the name of God.

What are two examples of the free exercise clause being limited?

It has upheld laws that require vaccination of schoolchildren.

The Federal Government can draft those who have religious objects to military service.

What is an example of the free exercise clause being used?

The Amish kids being able to not attend school past the 8th grade.

What are shield laws?

Laws that give reporters some protection against having to disclose their sources or reveal other confidential information in legal proceedings in those states.

What famous statement did Just Stewart make regarding Obscenity?

“I know it when I see it.”

What have most of the cases of the SCOTUS regarding obscenity involve?

Lewd or sexually explicit content.

What is civil disobedience?

An example of civil disobedience would be graffitiing public properties in support of a cause. This would be illegal, but not necessarily harming anybody. This is not constitutionally protected.

What are two actions that are examples of citizen’s right to petition?

Traditional Petitions (written documents)

Marching (petitioning without showing documentation)