Chapter 4Civil Liberties

Civil LibertiesCivil LibertiesBill of Rights (originally for Fed

only)◦1st Amendment “Congress shall make

no law”◦Barron v. Balt.

Incorporation Doctrine changes this◦14th Amendment ◦Due Process Clause◦Gitlow v. New York

Freedom of ReligionEstablishment Clause

◦Lemon v. Kurtzman Lemon Test

Secular purpose Cant advance or inhibit religion Cant foster excessive entaglement

Free Exercise Clause

Freedom of ExpressionPrior RestraintFree Speech and Public Order

◦Schenk v. U.S.Obscenity

◦Test Obscene if…

Appeals to a prurient interest Offensive to a specifically defined obscenity law Lacked serious literary, artistic, political or scientific value

Libel and SlanderSymbolic SpeechCommercial Speech

Freedom of AssemblyAssemble Associate

Defendants Rights4th (unreasonable search and

seizure)5th (no self incrimination and no

double jeopardy)6th (right to counsel and speedy

trial)8th (no excessive bail or cruel and

unusual punishment)

Right to Privacy?Griswold v. Conn.

(1st, 3rd, 4th, 5th, 9th)

Abortion◦Roe v. Wade◦Planned Parenthood v. Casey