what are civil liberties? definition: individual protections against the government

Civil Liberties

Civil Liberties

What are civil liberties?• Definition: individual protections against

the government

Civil Liberties

Where are these rights identified?• Definition: individual protections against

the government• Primarily contained in the Bill of Rights

Civil Liberties

What is governments role with regard to these rights?

• Definition: individual protections against the government

• Primarily contained in the Bill of Rights• Government’s role is protecting rights,

not granting them• Involves a balancing of conflicting rights

Civil Liberties

Balancing Conflicting Rights• Rights of the accused v. law and order• Free speech v. protecting reputation• Freedom of the press v. fair trial

Civil Liberties

Does the Bill of Rights apply to states?• First Amendment

Incorporation Doctrine

Civil Liberties

Civil Liberties

Does the Bill of Rights apply to states?• First Amendment• Barron v. Baltimore (1833)• Fourteenth Amendment

Incorporation Doctrine

Civil Liberties

Civil Liberties

Does the Bill of Rights apply to states?• First Amendment• Barron v. Baltimore (1833)• Fourteenth Amendment• Gitlow v. New York (1925)• Selective incorporation

Incorporation Doctrine

Civil Liberties

Civil Liberties

Religion

Civil Liberties

Where do the words “freedom of religion” appear in the

Constitution?

Religion

Civil Liberties

Where do the words “separation of church and state” appear in

the Constitution?

Religion

Civil Liberties

What words DO appear in the Constitution?

Religion

Civil Liberties

Congress shall make no law respecting an establishment of

religion . . .

Religion

Civil Liberties

• Establishment Clause. . . or prohibiting the free exercise

thereof

Religion

Civil Liberties

• Establishment Clause• Free Exercise Clause

Religion

Civil Liberties

Establishment ClauseReligion

What would the Establishment Clause appear to say?

Civil Liberties

Civil Liberties

Establishment ClauseReligion

• No official religion of the U.S.• No favoritism toward one religion in

the U.S.• Jefferson: “a wall of separation

between church and state”

Civil Liberties

Establishment ClauseReligion

Gov’t Aid to Church-related Schools• Lemon v. Kurtzman

Aid must have a secular purpose Aid does not advance or inhibit

religion No excessive gov’t entanglement

Civil Liberties

Establishment ClauseReligion

Gov’t Aid to Church-related Schools• Buildings for colleges

Civil Liberties

Establishment ClauseReligion

Gov’t Aid to Church-related Schools• Books, computers, transportation

Civil Liberties

Establishment ClauseReligion

Gov’t Aid to Church-related Schools• Vouchers?

Civil Liberties

Establishment ClauseReligion

Religious Activity in Public Schools• Prayer (Engle v. Vitale)

Staff lead Graduation Athletic events Moment of silence

Civil Liberties

Establishment ClauseReligion

Religious Activity in Public Schools• Curriculum

Prohibiting evolution Adding creationism /

intellegent design Release Time

Civil Liberties

Establishment ClauseReligion

Religious Activity in Public Schools• Use of facilities

Equal Access Act of 1984

Civil Liberties

Establishment ClauseReligion

Religious Activity in Public Places• 10 Commandments

Civil Liberties

Establishment ClauseReligion

Religious Activity in Public Places• 10 Commandments• Holiday displays

Civil Liberties

Free Exercise ClauseReligion

Belief v. Practice

Civil Liberties

Free Exercise ClauseReligion

Religious Practices that Forbid “Necessary” Activities

• Medical care• Military service

Civil Liberties

Free Exercise ClauseReligion

Religious Practices that Forbid “Necessary” Activities

• Medical care• Military service• Attending public schools• Flag salute

Civil Liberties

Free Exercise ClauseReligion

Religious Practices that Allow “Unacceptable” Activities

• Polygamy• Drug use

Civil Liberties

Free Exercise ClauseReligion

Employment Division v. Smith:• Discarded “compelling interest”

standard• State laws interfering with religious

practices but not specifically aimed at religion are constitutional

Civil Liberties

Speech / Expression

Civil Liberties

Speech / Expression

Prior Restraint:• Government cannot prevent

publication• Near v. Minnesota• New York Times v. United States

Civil Liberties

Speech / Expression

Prior Restraint:• Exceptions:

High school newspapers National security CIA

Civil Liberties

Speech / Expression

Public order:• Schenk v. U.S.• Sedition in the abstract v.

immediately inciting violence• Public v. private property

Civil Liberties

Speech / Expression

Fair trials:• SCOTUS had never upheld a

restriction on reporting• Sources are not protected

Shield laws• Sequestering juries

Civil Liberties

Speech / Expression

Obscenity:• “I know it when I see it”• Child pornography• Violence

Civil Liberties

Speech / Expression

Libel and slander:• Public figures• Exceptions:

Consent True

Civil Liberties

Speech / Expression

Symbolic speech:• Schools• Texas v. Johnson• Draft cards• Cross burning

Civil Liberties

Speech / Expression

Commercial speech:• False claims• Trend towards fewer restrictions

Civil Liberties

Speech / Expression

Public airwaves:• As compared to printed media• Obscenity• Trend towards fewer restrictions

Civil Liberties

Assembly

• Group speech• Versus public order• Nazis, KKK• Abortion