Civil Liberties
Civil Liberties
What are civil liberties?
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Definition: individual protections against
the government
Civil Liberties
Where are these rights identified?
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Definition: individual protections against
the government
Primarily contained in the Bill of Rights
Civil Liberties
What is governments role with
regard to these rights?
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Definition: individual protections against
the government
Primarily contained in the Bill of Rights
Government’s role is protecting rights,
not granting them
Involves a balancing of conflicting rights
Civil Liberties
Balancing Conflicting Rights
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Rights of the accused v. law and order
Free speech v. protecting reputation
Freedom of the press v. fair trial
Civil Liberties
Incorporation Doctrine
Does the Bill of Rights apply to states?
• First Amendment
Civil Liberties
Civil Liberties
Incorporation Doctrine
Does the Bill of Rights apply to states?
• First Amendment
• Barron v. Baltimore (1833)
• Fourteenth Amendment
Civil Liberties
Civil Liberties
Incorporation Doctrine
Does the Bill of Rights apply to states?
• First Amendment
• Barron v. Baltimore (1833)
• Fourteenth Amendment
• Gitlow v. New York (1925)
• Selective incorporation
Civil Liberties
Civil Liberties
Religion
Civil Liberties
Religion
Where do the words “freedom of
religion” appear in the
Constitution?
Civil Liberties
Religion
Where do the words “separation
of church and state” appear in
the Constitution?
Civil Liberties
Religion
What words DO appear in the
Constitution?
Civil Liberties
Religion
Congress shall make no law
respecting an establishment of
religion . . .
Civil Liberties
Religion
• Establishment Clause
. . . or prohibiting the free exercise
thereof
Civil Liberties
Religion
• Establishment Clause
• Free Exercise Clause
Civil Liberties
Religion
Establishment Clause
What would the Establishment Clause
appear to say?
Civil Liberties
Civil Liberties
Religion
Establishment Clause
• No official religion of the U.S.
• No favoritism toward one religion in
the U.S.
• Jefferson: “a wall of separation
between church and state”
Civil Liberties
Religion
Establishment Clause
Gov’t Aid to Church-related Schools
• Lemon v. Kurtzman
 Aid must have a secular purpose
 Aid does not advance or inhibit
religion
 No excessive gov’t entanglement
Civil Liberties
Religion
Establishment Clause
Gov’t Aid to Church-related Schools
• Buildings for colleges
Civil Liberties
Religion
Establishment Clause
Gov’t Aid to Church-related Schools
• Books, computers, transportation
Civil Liberties
Religion
Establishment Clause
Gov’t Aid to Church-related Schools
• Vouchers?
Civil Liberties
Religion
Establishment Clause
Religious Activity in Public Schools
• Prayer (Engle v. Vitale)
 Staff lead
 Graduation
 Athletic events
 Moment of silence
Civil Liberties
Religion
Establishment Clause
Religious Activity in Public Schools
• Curriculum
 Prohibiting evolution
 Adding creationism /
intellegent design
 Release Time
Civil Liberties
Religion
Establishment Clause
Religious Activity in Public Schools
• Use of facilities
 Equal Access Act
of
1984
Civil Liberties
Religion
Establishment Clause
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Religious Activity in Public Places
10 Commandments
Civil Liberties
Religion
Establishment Clause
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Religious Activity in Public Places
10 Commandments
Holiday displays
Civil Liberties
Religion
Free Exercise Clause
Belief v. Practice
Civil Liberties
Religion
Free Exercise Clause
Religious Practices that Forbid “Necessary” Activities
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Medical care
Military service
Civil Liberties
Religion
Free Exercise Clause
Religious Practices that Forbid “Necessary” Activities
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Medical care
Military service
Attending public schools
Flag salute
Civil Liberties
Religion
Free Exercise Clause
Religious Practices that Allow “Unacceptable” Activities
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Polygamy
Drug use
Civil Liberties
Religion
Free Exercise Clause
Employment Division v. Smith:
• Discarded “compelling interest”
standard
• State laws interfering with religious
practices but not specifically aimed
at religion are constitutional
Civil Liberties
Speech / Expression
Civil Liberties
Speech / Expression
Prior Restraint:
• Government cannot prevent
publication
• Near v. Minnesota
• New York Times v. United States
Civil Liberties
Speech / Expression
Prior Restraint:
• Exceptions:
 High school newspapers
 National security
 CIA
Civil Liberties
Speech / Expression
Public order:
• Schenk v. U.S.
• Sedition in the abstract v.
immediately inciting violence
• Public v. private property
Civil Liberties
Speech / Expression
Fair trials:
• SCOTUS had never upheld a
restriction on reporting
• Sources are not protected
 Shield laws
• Sequestering juries
Civil Liberties
Speech / Expression
Obscenity:
• “I know it when I see it”
• Child pornography
• Violence
Civil Liberties
Speech / Expression
Libel and slander:
• Public figures
• Exceptions:
 Consent
 True
Civil Liberties
Speech / Expression
Symbolic speech:
• Schools
• Texas v. Johnson
• Draft cards
• Cross burning
Civil Liberties
Speech / Expression
Commercial speech:
• False claims
• Trend towards fewer restrictions
Civil Liberties
Speech / Expression
Public airwaves:
• As compared to printed media
• Obscenity
• Trend towards fewer restrictions
Civil Liberties
Assembly
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Group speech
Versus public order
Nazis, KKK
Abortion