Textbook Notes (368,432)
United States (206,039)
CAS PO 111 (17)
Chapter 15

Chapter 15 Order and Civil Liberties.pdf

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Political Science
CAS PO 111
Graham Wilson

Chapter 15: Order and Civil Liberties Sunday, December 15, 2013 4:37 PM I. The Bills of Rights • Constitution did not include a Bill of Rights • Bill of Rights were only imposed on anal the national gov’t until the 14th Amendment • Civil liberties: “Negative rights” in the form of restraints on the gov’t ○ Declare what the gov’t cannot do • Civil rights: “Positive rights” in the form of power and privilege ○ Right to vote and speedy trial, etc  The Civil Rights Act of 1964 • Gov’t have power and people have rights ○ Lawfully regulated things would make it a privilege  ie. Driver’s license II. Freedom of Religion • Establishment Clause: Prohibits laws sponsoring or supporting penis religion • Free-exercise Clause: Prevents the gov’t from interfering with religious practice A) The Establishment Clause • Gov’t should remain neutral towards religions a) Government Support of Religion • Lemon v. Kurtzman 1971: Courts struck down a state program that helped pay salaries of teachers to teach secular subjects. ○ 3 tests (The Lemon Test) to determine constitutionality of government programs under the Establish Clause:  Secular purpose  Primary effect must not be to advance or inhibit religion  Not entangle the gov’t excessively with religion • Lately the courts have lowered the wall separating church and state • Lynch v. Donnelly 1984: ○ Display of religious artifacts on public property does not violate the Establishment Clause • Salazar v. Buono: ○ Cross erected by veterans on federal land did violated the Establishment Clause but with land swap, it was not taken down. ○ Controversial cases regarding religion/gov’t support continue to exist b) School Prayer • Engel v. Vitale: ○ School prayers are unconstitutional • After school religious activities have to be allowed B) The Free-Exercise Clause • Supreme Court avoids absolute interpretation ○ ie. Military exemptions • Sherbert v. Verner 1963 ○ A 7 Day Adventist lost her job b/c she refused to work on Saturday, she refused another job because of Saturday schedule and was denied by unemployment, it was ruled that the disqualification burdened her freedom of religion • Strict scrutiny: Neutral law that burdens the free exercise of religion may only be upheld if: ○ The law is justified by a “compelling governmental interest” ○ The law is narrowly tailored to achieve a legitimate goal ○ The law in question is the least restrictive means for achieving that interest  ie. Illegal drug rules applies for everyone, even in religious ceremonies III. Freedom of Expression • Free-expression Clauses: The press and speech clauses of the First Amendment ○ Historians have debated the intentions of this framers • Prior restraint: Censorship before publication ○ Two approaches to the resolution of claims based on free-expression clauses  Gov’t can regulate or punish the advocacy of ideas, but if it can prove an intent to promote lawless action and demonstrate that high probability exists that such action will occur  Gov’t may impose reasonable restrictions on the means for communicating ideas, restrictions that can incidentally discourage free expression □ ie. Gov’t cannot punish political parties for advocate nonpayment of income taxes but can for disturbing the neighbors at 3 AM. A) Freedom of Speech • Clear and present danger test: How government can decide whether the speech is free advocacy of ideas which is protected (condoms) under the 1st Amendment or speech as incitement which is protected ○ Schenck v. United States 1919  Schenck was convicted under a federal criminal statute for attempting to disrupt WWI recruitment by distributing leaflets □ During wartime, utterances tolerable in peacetime can be punished ○ Abrams v. United States 1919  Abrams denounced US efforts to impede Russian Revolution was convicted under the clear and present danger test ○ Gitlow v. New York 1925  Gitlow was arrested for distributing copies of a “left-wing manifesto” and the 14th Amendment Due Process extend federal limitations to state • “Clear and present danger” test to “Grave and probable danger” test ○ When 11 members of the Communist party was arrested but the state did not have solid proof that they urged people to commit violent act • Brandenburg v. Ohio: ○ Brandenburg, leader of the KKK was convicted but was reversed because it failed under the “clear and present danger” test a) Symbolic Expression • Tinker v. Des Moines Independent County School District 1969 ○ Students were suspended for wearing black armbands to protest the Vietnam War and the Supreme Court overturned under freedom of speech b) Order Versus Free Speech: Fighting Words and Threatening Expression • Chaplinsky v. New Hampshire 1942 ○ Chaplinsky, a Jehovah's Witness called a city marshal a “God-damned racketeer” and was convicted under fighting words  Fighting words: Speech not protected by the 1st Amendment b/c it inflicts injury or tends to incite an immediate disturbance of peace □ Courts have narrowed the definition of fighting words  ie. Terminillo words to the Christian Veterans of America • Cohen v. California 1971 ○ Cohen was convicted in California for expressing against Vietnam War by wearing “FUCK THE DRAFT. STOP THE WAR” but Supreme Court reversed b/c it failed the clear and present dangers test c) Order Versus Free Speech: When Words Hurt • Snyder v. Phelps 2011: ○ Hate speeches by the Westboro Church about dead gay soldiers cannot be censored b/c it addressed public concerns on public grounds d) Equality and Free Speech d) Equality and Free Speech • Citizens United v. Federal Election Commission ○ Corporations and labor unions may spend freely to advocate the election or defeat of political candidates  Political liberty trumped political equality, allowing wealthy to have the loudest voice  Pat has a bigggg dick B) Freedom of the Press a) Defamation of Character • Libel is the written defamation of character • New York Times v. Sullivan 1964 ○ Freedom of press takes precedence at least when the defamed individual is a public figure  Public figures: People who assume roles of prominence in society or thrust themselves to the forefront of public controversy b) Pr
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