Civil Liberties
Limits on the Government
This presentation is the property of Dr. Kevin Parsneau for use by him and his
current students. No other person may use or reprint without his permission.
Civil Liberties
• What are the differences between civil liberties
and civil rights?
• What civil liberties are stated in the original text
of the Constitution?
• What civil liberties are stated in the Bill of Rights?
• How has the American view of civil liberties
changed through history?
• What are some current controversies
surrounding civil liberties?
Civil Liberties vs Civil Rights
• Civil Liberties—constraints upon the power of
government vis-a-vis its citizens.
• Civil Rights—powers and privileges
guaranteed to individuals by government.
Protections in the Original Text of Constitution
• Habeas corpus
• Bills of attainder
• Ex post facto laws
Bill of Rights
• First Amendment
– Freedom of Religion
– Freedom of Speech
– Freedom of Assembly
– Freedom of Press
Establishment Clause and
Free Exercise Clause
Congress shall make no law respecting an
establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the
people peaceably to assemble, and to petition
the Government for a redress of grievances.
Bill of Rights (First Amendment)
• Freedom of Religion
– "Establishment Clause“
– “Wall of Separation”
– "Free Exercise Clause”
– 1993 Religious Freedom Restoration Act
Free Exercise of Religion
• Religious Freedom Restoration Act
Bill of Rights (First Amendment)
• "Lemon Test“ (Lemon v Kurtzman 1971)
– 1.
– 2.
– 3.
Bill of Rights (First Amendment)
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Freedom of Speech
Obscenity and "community standards"
Buckley v. Valeo 1976
Citizens United v. F.E.C. 2010
Libel (written)
Slander (spoken)
"Fighting Words"
"Clear and Present Danger" test
Bill of Rights (First Amendment)
• Freedom of Assembly
– “Speech Plus”
• Freedom of Press
– “No Prior Restraint”
– Near v. Minnesota (1931)
– Freedom of Information Act
Second Amendment
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.
Bill of Rights
• Second Amendment "Right to keep and bear
arms"
• “Well Regulated Militia Clause”
– “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.”
• District of Columbia v. Heller (2008)
• McDonald v. Chicago (2010)
Bill of Rights
• Third Amendment
• No Soldier shall, in time of peace be
quartered in any house, without the consent
of the Owner, nor in time of war, but in a
manner to be prescribed by law.
• Griswold v. Connecticut (1965)
Bill of Rights
• Rights of Criminally Accused
• Fourth Amendment
– Search and Seizure
– Exclusionary rule
Bill of Rights
• Rights of Criminally Accused
• Fifth Amendment
– “Counsel and Self-incrimination”
– Double jeopardy
– Miranda Rights (Miranda v. Arizona)
– Eminent domain
Bill of Rights
• Sixth Amendment
– Speedy trial
– Compel witnesses
• Seventh Amendment
– Trial by jury in civil cases
• Eighth Amendment
– No cruel and unusual punishments
Selective Incorporation
Civil liberties limiting the federal government have
become limits upon the state governments through
the Due Process Clause of the XIV Amendment.
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Amendment I
Amendment II
Amendment III
Amendment IV
Amendment V
Amendment VI
Amendment VII
Amendment VIII
Privacy Issues
• Griswold v. Connecticut (1965)
– Access to birth control information
• Abortion rights
– Roe v. Wade (1973)
• Homosexuality
– Bower v. Hardwick (1986)
– Lawrence v. Texas (2003)
– United States v. Windsor (2013)
• Euthanasia
Post 9-11
• USAPATRIOT –(Uniting Strengthening America
by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorists Act)
– Suspicionless Searches
– Data Mining
– Gag orders on people turning over records
Some thoughts
• Civil liberties are limits upon the government
• Most of our civil liberties were not in the
original Constitution but outlined in the Bill
of Rights.
• Through history our views and the legal
impact of civil liberties has changed.
• Civil liberties are still controversial.