Civil Liberties and The Bill of
Rights
I. Liberties V. Rights
A. Civil Liberties- the personal rights and
freedoms that government can not take
away.(protection from gov’t)
B. Civil Rights- equal protection and
opportunity for all.
C. Do we have a bill of rights or a bill of
liberties?
II. Bill of Rights
A. In Barron v. Baltimore the Supreme Court
ruled that the limitations in the Bill of Rights
only applied to the federal government.
III. Incorporation Doctrine
A. The 14th amendment “No state shall abridge
the privileges and immunities of its citizens”
B. Gitlow V. New York(1925)
A. The Supreme Court ruled that states can not
violate freedom of speech.
B. Most of the provisions of the Bill of Rights were
incorporated under the Warren Court.
Incorporation Doctrine
IV. Freedom of Religion
A. Establishment clause: no government
sponsorship of religion
B. Free exercise clause: government can’t
interferer in your religious beliefs
C. How has this been
controversial in modern
times.
C. The Lemmon Test
Lemmon v. Kurtzman (1971)
1) Legislation must be
a) Secular, not religious
b) Its primary effect must neither advance nor
inhibit religion
c) It must avoid an “excessive entanglement of
government with religion.”
V. Freedom of Speech and the Press
A) Shenck V. US (1919)- Speech that creates a
clear and present danger is not protected by
the 1st amendment.
B) Texas V. Johnson(1989)- Flag burning is a
form of free speech and protected by the 1st
amendment
C. McConnell v. Federal Elections Commission (2003)
-bans on soft money and restrictions placed on
television advertising did not violate freedom of speech
D. Citizens United V. FEC (2010)
- Overturned the above case and ruled that corporate
funding of political advertisements that do not
specifically endorse a candidate are protected by the 1st
amendment.
• http://www.thedailyshow.com/watch/monapril-25-2005/floyd-abrams
VI. Right to Bear Arms
A well-regulated militia being
necessary to the security of a free
state, the right of the people to keep
and bear arms shall not be infringed.
A. D.C. V. Heller- Struck down a
Washington DC gun control law
that banned hand guns and
required legal guns to be unloaded
B. McDonald V. ChicagoIncorporated the 2nd amendment
to apply to states
VII. Right to privacy
A. The 3rd amendment has only been used once
and has never been incorporated.
B. Mapp V. Ohio (1961) incorporated the 4th
amendment and determined that police may
only obtain evidence through a legal search
warrant.
VIII. Right to due Process
A) A series of steps that protect the rights of the
accused at every step of the investigation and
limit how government power may be exercised.
1) Habeas Corpus- Article 1, Section 9 of the
Constitution directs the police to show cause
of why a person is being held.
2) A Speedy Trial- No more than 100 days after
arrest
3) Right to a an attorney
4) Double Jeopardy- you cannot be tried twice
for the same crime.
2) Key Court Cases
A)Gideon v. Wainright
-the accused have the right to an attorney,
even if they can not afford one.
B) Miranda v. Arizona
-Established the Miranda rights which direct the
police to inform the accused that they have the
right to remain silent and they have the right to
consult with a lawyer.
C) New York v. Quarles- “public safety” exception
IX. Eight Amendment
“Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and unusual
punishment inflicted”.
A.Gregg v. Georgia
-Death penalty is not cruel and unusual.
X. Ninth Amendment
A. Those rights not listed in the Constitution
shall not be taken away either.
1. Abortion
2. Right to die