Defining Civil Liberties

Terminology Civil Liberties – Individual legal and constitutional

protections against the governmento Laid down in “Bill of Rights”o Make sure you know the Bill of Rights with emphasis on

the civil liberties that it guarantees “Incorporation Doctrine” – applying protections in

B o’ R to states as well as federal gov (implied by 14th Am.*)

* ”No state shal make or enforce any law which shall abridge the priveleges or immunities of citizens of the United States”

So these freedoms are unabridged and absolute forever in perpetuity

throughout the universe, right?

OF COURSE NOT!

Supreme Court essentially sets limits (informally changing the Constitution and its meaning)

1st Amendment Court Cases (Chapter 4)

Let’s make a chart

On the next slide is a list of a few more cases of note.

Case Civil Liberty(s) / Amendments

Issue/Result/Impact (as much detail as you can find)

Gitlow v. New York

Speech, PressAm. 1 and 14

Freedom of speech and press are fundamental rights - cannot be impaired by states.

Case List pour vous Lemon v. Kurtzman (1971) Agostini v. Felton (1997) Engel v. Vitale (1962) Lynch v. Donnely (1984) *it’s

about Rhode Island Christmas displays

Employment Division v. Smith (1988)

Near v. Minnesota (1931) Schenck v. United States

(1919) Yates v. United States (1957) Zurcher v. Stanford Daily

(1978) + a splash of Branzburg v. Hayes (1972)

Roth v. United States (1957) Miller v. California (1973) Erznoznick v. Jacksonville

(1975) NY Times v. Sullivan (1964) Hustler v. Falwell (1988) Texas v. Johnson (1989) Federal restrictions on guys

like George Carlin and Howard Stern

United States v. Playboy Entertainment Group (2000)

Collins v. Smith (Skokie Nazis) NAACP v. Alabama (1958)