Natural and Civil Rights

Senior Social Studies

What are they?Natural Rights: Granted by nature (you get them by being a human)

LifeLibertyPursuit of Property

These can never be taken away (or if they are, people have the right to CHANGE the government)—Social Contract

Civil Rights: Granted by the Constitution (Depend upon the society that one lives in)

VoteTrial by JuryFree SpeechPractice your religion

These CAN be taken away and can change over time, but they are GUARANTEED in the Constitution

Rights = Duties

Along with rights comes…duties!Examples:

Right to trial by jury AND duty to serve on a jury when calledRight to be protected by the Armed Forces AND duty to serve when draftedRight to representation AND duty to vote

Two important details…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!

14th AmendmentDefines citizenshipDue Process clause

No one can be denied [natural rights] w/o due process of law

Equal Protection clauseFull benefit of all rights to all citizensApplies to actions of governments, not businesses or individualsPlessy v. Ferguson (1896); Brown v. Board (1954)

First Amendment Rights

The Basics

Rights From Amendment I

SpeechPressReligionAssemblyPetition the Government

Freedom of Speech“Congress shall make no law …abridging the freedom of speech…”Pure speech v. symbolic speechIs this an absolute right?When can it be LEGALLY taken away

Endangering public safetyAdvocating illegal activity Overthrow of Government (esp. wartime)

Alien & Sedition Acts (1787)Espionage Act (1917)Schenck v. United States

When Can It Be Regulated?Flag burning in a protest?

YES (Texas v. Johnson)Burning Draft Card?

No (US v. O'Brien)Picketing a private residence?

NO (Frisby v. Schultz)Three part test to uphold:

Within powers of governmentRegulation must be unrelated to free speechOther channels of speech are available

Unprotected SpeechSedition: urges resistance to lawful authority or government overthrowDefamatory speech: false speech; damages character or reputation

Libel (written)Slander (spoken)Public official? OK

Fighting words: violent reactionStudent speech: can be regulated

The Court's TestEvolution of established limits: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)

Freedom of Religion

“Congress shall make no law…respecting the establishment of religion…[or] prohibiting the free exercise of religion…” Establishment ClauseFree Exercise Clause

Separationof Church and State

Establishment ClauseNo state-sponsored religionWall of separation: how high?

Pledge of AllegianceMoney

Everson v. Board of Ed (1947)New JerseyPublic $ used to busUpheld (furthered education, not religion)

Lemon Test

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

religionEngel v. Vitale (1962)Teaching of Intelligent Design?

Free Exercise ClausePolygamy (Reynolds v. US)Amish & compulsory education laws (Wisconsin v. Yoder)Jehovah’s Witnesses must salute the flag (West Virginia State Board of Education v. Barnette)Using peyote (Employment Division v. Smith)

Landmark First Amendment Cases

FREE SPEECH & EXPRESSION CASESFirst…

Brandenburg v. Ohio (1969)Centered on Channel 9’s coverage of a KKK rallyLots of guns and hate speechBrandenburg announced a march to WashingtonHe advocated a crimeRuling: government cannot constitutionally punish abstract advocacy of force or law violation

Miller v. California (1973)Miller sent out junk mail advertising his “adult” material catalogueObscene material: not protected by 1st AmendmentMiller Test:

appeals to the prurient interestwork depicts/describes, in a patently offensive way, sexual conduct,lacks serious literary, artistic, political or scientific value

Justice Stewart: “I’ll know it when I see it”

Texas v. Johnson (1989)Johnson burned USA flag at an anti-government rally during the 1984 Republican conventionTexas law made this illegalThis is protected speech—part of a political protest

Reno v. ACLU (1997)Communication Decency Act (CDA) regulated explicit material on the Internet Criminal Act: broadcast "obscene or indecent“ material or anything else that violates community standards to those under 18Declared unconstitutional (too broad of a law)

FREE PRESS CASESNext…

New York Times Co. v. Sullivan (1964) NY Times ad asking for $ to

defend MLK in a perjury caseDetailed actions taken by law enforcement against Civil Rights workersSome facts were wrongSullivan (Chief of Police in Montgomery) claimed defamationRuling: have to show “actual malice” to prove defamation

New York Times Co. v. United States (1971)

Times started publishing Pentagon PapersCritical study of ‘Nam by the Defense Dep’tUS sought restraining order to stop publishingArgument: national defenseRuling: This is a prior restraint

FREE RELIGION CASESFinally…

State Aid to Religion???Everson v. Board of Education (1947): Busing to religious school is legal (furthers education not religion)Lemon v. Kurtzman (1971): 3 part test:

Law must have a secular legislative purposeCan’t advance or inhibit religionMust not result in an "excessive government entanglement" with religion

Edwards v. Aguillard (1987): Teaching Creationism in public schools violate Amendment IIntelligent Design too (2005 Appeals Court ruling)