CIVIL LIBERTIES
CIVIL LIBERTIES
• Civil liberties are the personal rights
and freedoms that government cannot
violate. For example:
• Freedom of speech, press and
religion
• Right to bear arms
• Right to a trial by jury
The Bill of Rights
• The Bill of Rights
• Ratified in 1791.
• Applied to the
national
government, not
to the states.
First Amendment:
Freedom of Religion
The First Amendment states that: “Congress
shall make no law
1. respecting an establishment of religion,
2. or prohibiting the free exercise thereof;…”
Establishment Clause:
Funding to Religious Schools
•
Everson v. Board of Education (1947)
• How can state funds be used?
• In Lemon v. Kurtzman (1971),
• Facts
• Opinion: no state funds to supplement parochial
teachers’ salaries
• To be Constitutional the law must:
1.
2.
3.
Have a secular purpose
Neither advance nor inhibit religion
Not foster excessive government entanglement with
religion
Should “Under God” Be Taken
Out of the Pledge of Allegiance?
• Facts
• Issue
– Is the recitation of the Pledge in public schools a
violation of the establishment clause?
News Background
• How the Court System Works
U. S. Supreme Court
9th Circuit Court of
Appeals
U. S. District Court
California Pledge of Allegiance
• Is saying the Pledge a religious exercise?
– Yes
– No
• Does California law have a secular purpose?
– Yes
– No
• Does the law lead to governmental entanglement?
– Yes
– No
California Pledge of Allegiance
• Does the Pledge advance one religion over
another (or is it “neutral”)?
– Yes
– No
• Does the Pledge coerce students to profess
a belief in God?
– Yes
– No
To What Extent Has the
Constitution Protected the Value
of Freedom of Speech?
Academic Freedom
• Academic Freedom
– Professors Freedom to discuss ideas in the
classroom about which they are knowledgeable
limited by norms of religious institutions
– Students have the right to take exception to
view of professor
– Newberry College
– Newberrian Creed
• What are the limitations on academic
freedom at Newberry College?
Pure Speech
• Andrew Meyer: U of
FL Student
– Facts
• At Kerry Speech
• Near the end, he pushed
himself to the front of the
line took the mic
• Question exceeded the
time permitted
• Additional time was
given
• Mic cut off
– Said
• Did Andrew Meyer have his free speech rights
violated? Student rights at the University of FL:
•
The right of respect for personal feelings, freedom
from indignity, and to expect an education of the
highest quality.
• The right to participate in self governing student
bodies which provide channels of communication
and means for using democratic processes to solve
problems.
• The constitutional rights of freedom of expression
and assembly.
• The right of freedom to hear and participate in
dialogue and to examine diverse views and ideas.
The Right to Privacy - Abortion
• In Roe v. Wade (1973): a Texas law prohibiting
abortion violated a woman's right to privacy.
• First trimester--woman has right to abortion
• Second trimester--state may regulate how, where,
and when abortions performed
• Third trimester--state may prohibit abortion
except to preserve health and life of mother
• Since Roe, abortion options have been limited
The Right to Privacy Abortion
• Webster v. Reproductive Health Services
(1989)
• State may prohibit abortion in any public
hospital or public clinic
• State my prohibit abortion where woman
is 20 or more weeks pregnant and fetus
could remain viable
The Right to Privacy Abortion
• Planned Parenthood of Southeastern
Pennsylvania v. Casey (1992)
• Pennsylvania was allowed to limit abortions as
long as they did not pose 'an undue burden' on
pregnant women.
• Court upheld:
• Mandatory counseling to change her mind
• Delay abortion for 24 hours after counseling
• Unmarried female under 18 have permission
of parent or court
• Doctors/clinics keep records of abortions
The End