Civil Liberties
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Personal rights and freedoms that the government cannot abridge, either by law,
constitution, or judicial interpretation
Limits power of government over the individual
Incorporation Doctrine
 The protections of the 14th Amendment extend also to the citizens within the state
Barron v. Baltimore 1833 – National power limited
th
14 Amendment 1868
 Gitlow v. NY 1925 – Free speech extends to citizens within the state
 Near v. Minnesota 1931 - Free press and Due Process extends to states
1st Amendment
 Freedom of Religion
Establishment and Free Exercise
Engel v. Vitale 1962 – No school prayer
 Lemon Test
1. Secular purpose
2. Neither advances nor prohibits religion
3. can not foster excessive government entanglement with religion
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10 Commandments – Unconstitutional in school – no secular purpose
Voluntary bible study and religious education OK as along as other non religious options
are available
Free Exercise
 When secular law conflicts with religious practice – Free exercise is often denied
Free Speech
 Obscenity, libel, lewdness, and fighting words are NOT protected
 Alien and Sedition sunset prior to Constitutional ruling
 War times – Extraordinary circumstances
Civil War – Lincoln arrests newspaper editors
Sedition prosecutions common through 1910s
Schenk v. US 1919 – Clear and Present Danger – NOT protected
 1969 – Direct incitement – Government prove a likelihood of imminent harm to be
limited
 NYT v. Sullivan 1964 – public figures must prove “actual malice” to prove libel
andslander
New Problems for SC – Internet speech and pornography
Symbolic speech – Tinker v. Des Moines 1969
Prior Restraint – NYT v. US 1971 – NYT couldnot be stopped from printing secret documents
2nd Amendment
 US v. Miller 1939 – limitations placed on Automatic weapons and sawed off shotguns
 Last time SC directly ruled on 2nd Amendment
 Recently ruled provisions of Brady Bill waiting periods and background checks as
unconstitutional
 Violates State Sovereignty
Rights of criminal defendants 4th, 5th , 6th , and 8th
 4th Search and seizure
Unreasonable search and seizure
 Warrantless Searches
1. Plain view
2. areas of immediate control
3. airports
4. hot pursuit
5. exigent circumstance
6. open fields
7. consent
8. stop and frisk – Terry law
Weeks v. US 1914 – Exclusionary rule “Fruit of the forbidden tree” illegally obtained evidence is
inadmissible
 Good Faith exceptions
Mapp v. Ohio – Incorporation Doctrine for illegal searches
5th amendment – Miranda v. Arizona 1966
6th Amendment – Gideon v. Wainwright 1963 Lawyer necessity not luxury - Incorp Doc
8th Amendment – Furman v. Georgia 1972 – DP uncon if arbitrary and capricious
Gregg v. Georgia 1976 – Georgia DP is Constitutional
 Court reluctant to overrule state decisions
 Exceptions
1. Age
2. Mental ability
Privacy rights
 Abortion Roe v. Wade 1973 States cannot outlaw, can limit and restrict
 Right to Die
 Homosexuality – Bowers v. Hardwick and Lawrence/Gardner v. Texas