CONSTITUTIONAL FREEDOMS Ch. 13 Notes. Constitutional Rights All men are endowed by their creator with certain unalienable rights, that among these are.

CONSTITUTIONAL FREEDOMSCh. 13 Notes

Constitutional Rights

“All men are endowed by their creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness”.

• All people have human rights or fundamental freedoms.

• Our Constitution guarantees these freedoms in the Bill of Rights and later amendments.

Constitutional Rights

• The Bill of Rights was originally intended as protection from the federal government.

• Incorporation then applied the Bill of Rights to ALL levels of government.

• The Constitution originally didn’t have a bill of rights, but states refused to sign it without one.

Constitutional Rights

• As time has changed, so has the Constitution.

• This is possible because the Constitution is considered a living document.

• The 14th Amendment paved the way for a major expansion of individual rights.– “No state shall make or enforce any law which shall abridge the

privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law”

• This is called the “Due Process Clause”

Freedom of Religion

• Freedom of religion is highlighted by 2 things.– Establishment Clause

• “Congress shall make no law respecting an establishment of religion”

– Free Exercise Clause• “…or the free exercise thereof”

• The establishment clause created the “separation of church and state” idea.

• How separated is “separation”

Freedom of Religion

• Does government ban religion in official places and functions?– Ten Commandments removed from courtrooms– Prayer removed from school

• Or do they encourage it?– Politicians are sworn into office in the name of God– “In God We Trust” on money– “One nation under God” in pledge of allegiance– Chaplains serve in military– Congress opens with prayer

Freedom of Religion

• Famous Freedom of Religion Cases– Engel v. Vitale

• Non denominational prayer used in school

– Lynch v. Donnelly• Public Christmas displays

– Reynolds v. United States• Polygamy in Utah

Freedom of Speech• Types of speech

– Pure speech• The most common form of speech• Uses only words to express ideas• Supreme Court provides the

strongest protection for this kind of speech

– Symbolic Speech• Uses actions and symbols to

express ideas• This type of free speech may be

regulated

Freedom of Speech

• The Supreme Court uses a 3-part test to decide whether to ban free speech.

– Does it fall within the Constitutional power of the government

– Does it further another government interest unrelated to suppressing speech

– Does it leave open other channels of free speech

• This test was established in Unites States v. O’Brian

Freedom of Speech

• Speech CAN be banned for the betterment of society.– Seditious speech is illegal– Speech that presents a “clear and present danger” is

illegal– “Bad Tendency Doctrine” speech is illegal– Defamatory speech is illegal (libel and slander

included)– Fighting words are illegal

• Words that are so insulting as to provoke immediate violence is illegal

• Freedom of speech holds a “preferred position” over other freedoms

Freedom of Speech

• Student Speech– While students have SOME free speech rights, the

Supreme Court has drastically reduced them.• Bethel School District v. Fraser

– School officials can decide “what manner of speech in the classroom or school activities is appropriate” (this means football games)

• Hazelwood School District v. Kuhlmeier– School officials “have sweeping authority to regulate

student speech in school sponsored newspapers, theatrical productions, and other activities.