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GOvernment

Discussion Question 3

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1. Glen S. Krutz, Sylvie Waskiewicz, and Prosper M. Bernard, American Government (Houston, TX: OpenStax, Rice University, 2021), Section 4.1.1. “About the Office,” Privacy, Civil Liberties, and Freedom of Information Directorate > Civil Liberties > Resources > FAQs, accessed January 27, 2024, https://dpcld.defense.gov/Civil-Liberties/Resources/FAQs/#:~:text=Civil%20liberties%20protect%20people%20from,hand%2C%20protect%20people%20from%20discrimination.

Civil Liberties vs Civil rights

The book defines the idea of civil liberties as "limitations on government power, intended to protect freedoms upon which governments may not legally intrude."(1)These liberties are given to us by simply being born and cannot be infringed upon by the government. The US Department of Defense defines civil liberties as being meant to "protect people from undue government interference or action." (2)The book defines civil rights as "guarantees that government officials will treat people equally and that decisions will be made on the basis of merit rather than race, gender, or other personal characteristics."(3) These are promises that the government will not discriminate giving every citizen fair chance in the eyes of law as well as social programs.

The United States Supreme Court oversees the majority of civil liberties cases. These cases may pertain to things like Freedom of Speech (Amendment 1.7) or Freedom of Religion (Amendment 1.4)

Privacy and Civil Liberties Oversight Board (PCLOB) is an independent agency within the executive branch of government.

The First Amendment Freedom of Speech

1791

Freedom of Speech adopted into the US Constitution

1984

Burning Flag DecisionTexas vs Johnson

1988

The School Paper DecisionHazelwood vs Kuhlmeier

2011

Stolen Valor DecisionUS vs Alverez

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.

Freedom of Religion

1791

Adopted to the US Constitution

1972

Religion and School AttendanceWisconsin vs Yoder

1941

Raining on the ParadeCox vs New Hampshire

1962

Prayer in SchoolEngle vs Vitale

  1. 1. Krutz, Glen S., Sylvie Waskiewicz, and Prosper M. Bernard. American government. Houston, TX: OpenStax, Rice University, 2021. Section 4.1.
  2. 2. “About the Office.” Privacy, Civil Liberties, and Freedom of Information Directorate > Civil Liberties > Resources > FAQs. Accessed January 27, 2024. https://dpcld.defense.gov/Civil-Liberties/Resources/FAQs/#:~:text=Civil%20liberties%20protect%20people%20from,hand%2C%20protect%20people%20from%20discrimination.
  3. 3. Krutz, Glen S., Sylvie Waskiewicz, and Prosper M. Bernard. American government. Houston, TX: OpenStax, Rice University, 2021. Section 4.1.
  4. 4. “History and Mission.” Privacy and Civil Liberties Oversight Board. Accessed January 28, 2024. https://www.pclob.gov/About/HistoryMission.
  5. 5. Amdt1.7.1 historical background on Free speech clause. Accessed January 29, 2024. https://constitution.congress.gov/browse/essay/amdt1-7-1/ALDE_00013537.
  6. 6. “Texas v. Johnson.” United States Courts. Accessed January 28, 2024. https://www.uscourts.gov/educational-resources/educational-activities/texas-v-johnson.
  7. 7. “Hazelwood v. Kuhlmeier.” United States Courts. Accessed January 28, 2024. https://www.uscourts.gov/educational-resources/educational-activities/hazelwood-v-kuhlmeier.
  8. 8. “Facts and Case Summary - U.S. v. Alvarez.” United States Courts. Accessed January 28, 2024. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-us-v-alvarez.
  9. 9. Amdt1.4.1 historical background on Free speech clause. Accessed January 29, 2024. https://constitution.congress.gov/browse/essay/amdt1-4-1/ALDE_00013537.
  10. 10.“Facts and Case Summary: Cox v. New Hampshire.” United States Courts. Accessed January 29, 2024. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-cox-v-new-hampshire.
  11. 11.“Facts and Case Summary - Engel v. Vitale.” United States Courts. Accessed January 29, 2024. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-engel-v-vitale.

Refrences

Prayer

A New York school leads a nondenominational prayer every morning. A parent sues the school stating it violates the Infringement Clause. The Supreme Court rules in his favor saying the schools cannot engage in any prayer.

When a New Hampshire town required a permit to hold a parade, Jahova Whitnesses were held in violation when they did not apply for the permit. They held that it was an attempt to restrict their freedom of speech and assymbly. The Suprem Court ruled that the government cannot supress what they but can regulate how and when they say it for public safety and that findes can e assessed to pay for police presence. (11)

Laws Unconstitutional?

Xavier Alveres claimed to be a former US soldier. When it was discovered he was not, he was arrested. He sued claiming he was falsely arrested and that his claims were protected by Free Speech. The Supreme Court ultimately ruled that the Stolen Valor law was constitutional and Alverez was not wrongfully convicted. (8)

The chamber has four members and one leader appointed by the president and the senate.

Did you know...

A St. Louis school principal removes articles written by students without their knowledge. The Supreme Court ruled that it is not a violation of Freedom of Speech because it is a school paper, sponsored and funded by the school. (7)

State Interference

An Amish family challenges the state when they do not want to send their children to public school. The Supreme Court rules in favor of the family saying that the state cannot force the families to send their children to school if it interferes with their religious teachings. (10)

Ruling!

When Gregory Johnson burned a flag at a 1984 Presidential Convention he was arrested. A later Supreme Court Ruling deemed the burning of the flag as a protected act under the First Amendment Freedom of Speech. (6)

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