CIVIL LIBERTIES
A.P. U.S. GOVERNMENT & POLITICS
WHAT ARE CIVIL LIBERTIES
• Rights that belong to all Americans
• Protections against government action
• Guaranteed by the Constitution, legislation, and judicial
decisions
BILL OF RIGHTS REVIEW
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WHERE DO WE GET OUR CIVIL LIBERTIES?
• The Original Constitution
• Mentions specific rights considered to be fundamental freedoms by the founding
fathers
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Writ of habeas corpus- brought before the court & informed of charges against you
No bills of attainder- cannot be punished without a trial
No ex post facto laws- laws applied to acts committed before the law’s passage are unconstitutional
Trial by jury
• Bill of Rights
• Freedom of religion, speech, press, petition, & assembly
• No unreasonable searches and seizures
• Protection against self-incrimination & double jeopardy
• 14th Amendment
• Incorporation of Bill of Rights to state & local governments
• Legislative Actions
• Sets limits on one person’s rights over another for the interest of society
• Court Decisions
• Protect rights thru the use of judicial review
THE FIRST AMENDMENT
Of these 5 freedoms guaranteed in the 1st Amendment,
which is the most important to you, & why?
FREEDOM OF RELIGION
• Religion
• “Congress shall pass no law respecting
an establishment of a religion, or
prohibiting the free exercise thereof”
– 1st Amend.
Establishment Clause• cannot establish any religion as the
national religion, favor one religion over
another, or use tax money for religious
purposes
Free Exercise Clause• Guarantees the right to practice any
religion, or no religion at all
• Belief vs. Practice: belief- absolute,
practice- limited
ISSUES REGARDING THE
FREEDOM OF RELIGION
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Aid to religious schools
School prayer
Public religious displays
Evolution
Free exercise vs. belief of religion
CASES TO KNOW:
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Engel v. Vitale (1962)
Epperson v. Arkansas (1968)
Lemon v. Kurtzman (1971)
Lynch v. Donnelly (1984)
Lee v. Weisman (1992)
Kitzmiller v. Dover (2005)
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Reynold’s v. United States (1879)
Wisconsin v. Yoder (1972)
Employment Division of Oregon v. Smith (1990)
Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
• Religious Freedom Restoration Act of 1993
• City of Boerne, Texas v. Flores
FREEDOM OF SPEECH
• Types of Speech
• Pure Speech- verbal, given the most
protection by the courts
• Symbolic Speech- using actions &
symbols to convey and idea
• Speech Plus- verbal & symbolic
used together, may be limited
• Regulating Speech
• Usually in the interest of national
security
ISSUES REGARDING THE
FREEDOM OF SPEECH
• Libel
• Written defamation of character
• Very difficult to prove
• Symbolic speech
• Non-verbal actions of expressions
• Commercial speech
• Advertising is considered speech
• Clear and present danger rule
• Gov can limit speech if dangerous to
themselves or others
• Obscenity
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Speech violates “community standards”
Speech creates unnatural interest in sex
Material depicts offensive sexual context
Lacks any “serious” purpose
• Slander
• Spoken defamation of character
CASES TO KNOW:
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Alien and Sedition Act (1798)
Schenck v. United States (1919)
Gitlow v. New York (1925)
Chaplinksy v. New Hampshire (1942)
Tinker v. Des Moines (1969)
Texas v. Johnson (1898)
FREEDOM OF THE PRESS
• Prior Restraint
• Government’s efforts to prevent
publication
• The gov cannot prevent a story from
being published
• Allowed in school
• Protected because it is closely
related to the freedom of speech
• Includes: newspapers, magazines,
radio, tv, & the internet
• Facebook?
CASES TO KNOW:
• New York Times v. Sullivan (1964)
• New York Times v. United States (1971)
• Hazelwood School District v. Kuhlmeier (1988)
FREEDOM OF ASSEMBLY
& PETITION
• 1st Amendment: “the right of
the people peacefully to
assemble, and to petition the
government for a redress of
grievances”
• Applies to both public & private
places
• Includes: petitions, letters, picketing,
demonstrations, parades, and
marches
• Government may set limits on
these freedoms to protect the
rights and safety of others
• Limits usually in context of time,
place, and manner
United for Care
What about gangs?
CASES TO KNOW:
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Dejonge v. Oregon (1937)
Thornhill v. Alabama (1940)
Lloyd Corporation v. Tanner (1972)
Boy Scouts of America v. Dale (2000)
14TH AMENDMENT
• Section 1: “…no State shall make or enforce any law
which shall abridge the privileges or immunities of
citizens of the United States; nor shall any state deprive
any person of life, liberty, or property without due
process of law…”
• Selective Incorporation- the application of the Bill of Rights to
individual states
• Not all of the Bill of Rights have been applied to the states
• The following Amendments have NOT been incorporated:
• 2nd, 3rd, 5th, 7th, 8th
PROPERTY RIGHTS
• The 5th & 14th Amendments provide for the protection of
private property guaranteeing the government cannot
deprive a person of “life, liberty, or property without the
due process of law”
• What is Due Process?
• Substantive Due Process- involves the policies of government or
the subject matter of the laws, determining if the law is fair or it
violates constitutional protections
• Procedural Due Process- the method of government action or how
the law is carried out, according to the established rules and
procedures
RIGHT TO PRIVACY
• The most controversial area of civil liberties
• The Constitution does not directly mention a “right to privacy”
• The Supreme Court has interpreted several rights that fall
under the “right to privacy” using the 1st, 3rd, 4th, 9th, and 14th
Amendments
Right to Privacy?
The USA Patriot Act
CASES TO KNOW
• Griswold v. Connecticut (1965)
• Roe v. Wade (1973)
• Planned Parenthood v. Casey (1992)
RIGHTS OF THE ACCUSED
• Amendments 4-8 address
rights of the accused
• Amendment 14 extends those
rights to the states
• Fourth Amendment: freedom
from unreasonable search &
seizure
• Fifth Amendment: freedom from
self-incrimination, double
jeopardy, & eminent domain
• Sixth Amendment: right to an
attorney, to be notified of
charges against him & faced by
his accusers, & right to a speedy
and public trial by jury
• Eighth Amendment: freedom
from cruel & unusual
punishment
ISSUES REGARDING THE
RIGHTS OF THE ACCUSED
• 4th Amendment Exceptions:
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Immediate searches can take place without warrant:
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Following a legal arrest
Search if given consent
Material is in plain view
Reason to believe evidence would disappear
• Right to trial by jury
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Only incorporated during criminal cases
• Right to counsel
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Not required in civil cases
• Miranda Rights
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Must be notified of the right to an attorney before questioning
• Right to speedy trial
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100 day rule unless more time is requested by counsel
• Exclusionary Rule
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Evidence obtained illegally during a search may not be used in court
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Objective good faith exception- allows if found in “good faith”
• Death Penalty
• Freedom from excessive bail
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Not every criminal must be offered bail if considered dangerous or likely to flee
Not incorporated
• Rights of the accused go to far
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Makes it more difficult to capture, try, and imprison criminals
CASES TO KNOW:
• Mapp v. Ohio (1961)
• United States v. Leon (1984)
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Terry v. Ohio (1968)
Nix v. Williams (1984)
Miranda v. Arizona (1966)
Gideon v. Wainwright (1963)
Escobedo v. Illinois (1964)
Atkins v. Virginia (2002)