Civil Liberties: First Amendment

I. Civil LibertiesCivil Liberties: “Negative” rights –

freedoms guaranteed to the individual – things the government cannot do

• Listed in the USC and the Bill of Rights– “no law abridging the freedom of speech….”– Writ of habeas corpus– No ex post facto laws – Trial by jury in state where crime occurred.– No religious test is required to hold office.

A. Freedom of religion

Should the phrase “under God” be removed from the Pledge of Allegiance?

Should there be any interaction between religious officials (priest, rabbi, iman, minister) and public school officials?

Should students be allowed to assemble and pray on school grounds?

Should students be allowed to create and run religiously based clubs on school grounds?

What does the USC say?

Establishment Clause – the government cannot establish or support any religion

Free-exercise clause- the gov’t cannot prevent the free exercise of any particular religion

Establishment clauseCans Cannot

• Teach about religions in school

• Allow voluntary prayer in many examples

• Transport students to a religious school

• Read Bible for culture or literacy content

• Set a state religion • Government cannot

order a prayer• Teach religious

doctrine in the school• Pay seminary

teachers• Teach creationism

Free Exercise—The personCan Cannot

• Choose whatever religion

• Lead a prayer in most examples

• Ask questions about religions

• Worship whomever you want

• Break the law and claim it is religious belief

• Raise children without education

• Deprive children of basic needs

B. What are your opinions about freedom of assembly / petition?

Do all groups have the right to march in Washington, DC? Does that include hate groups (KKK, Nazis, etc?)

When do the police have the right to break up a protest?

Can the FBI request a list of all of the members of an organization for an investigation?

Can organizations (Rotary) bar women or minorities from membership?

Freedom of Assembly--IndividualCan Cannot

• Protest on public property

• Parade (with a permit)

• Parade chanting hate slogans

• Gang members can congregate in public

• Protest by throwing rocks and breaking windows

• Hang out on private land against owners’ will (loitering)

• Break local curfews

C. Freedom of the press

Should reporters be required to divulge their sources to a judge?

Should reporters be allowed to publish classified material if they come across it?

Should the press be embedded with military units in war zones?

Should students be given the same rights as professional journalists?

What does the USC say?

Free Expression Clause - the gov’t cannot abridge the freedom of the press or the freedom of speech

Freedom of the press-the pressCan Cannot

• Print any political position

• Make fun of people, especially politicians

• Expose wrongs by the government

• Say things you might not agree with

• Libel– intentionally injuring a person’s reputation by false writing

• Slander - intentionally injuring a person’s reputation by false statements

• Disclose defense-security secrets

Free ExpressionCan Cannot

• Express any political belief

• Say things about someone that are true

• Burn the flag• Say racist and hate

slogans• Free speech means

someone might say something you disagree with

• Threaten to blow up airplanes, schools, or the president

• Sexual harassment• Extremely crude

language in a public forum

• Disrespectful, vulgar language in schools

• Hate crimes

D. What are your opinions about the right to bear arms?

Should all Americans be allowed to own weapons?

Should there be a limit on the type or quantity an individual can own?

Should parents or gun owners be accountable if a child uses his/her weapon to commit a crime?

Do guns kill people or do people kill people?

Right to Bear ArmsCan Cannot

• Own weapons• Must follow all rules

and regulations in the state where you live

• Must report weapons that are stolen

• Comply w/ state laws (hunting, licensing)

• Use the weapons to threaten or otherwise harm others

• Violate state regulations or limitations

• Purchase the weapons through illegal means

E. What are your opinions about the rights of the accused?

Should taxpayers be required to pay for public defenders for all defendants?

Should insanity be a criminal defense?At what age should adult charges be

brought on a teenager?Does the death penalty constitute “cruel

and unusual punishment”?