CIVIL LIBERTIES
Unit 5
Bill of Rights
Chapter 19
Civil Rights vs. Civil Liberties

Civil Rights: 14th
amendment
• Only for government
recognized groups.
• Positive Acts of Gov’t to
even the playing field.
• Gender, Sexuality,
Race, National Origin,
Age, Disability,
Educational Level,
Economic Status

Civil Liberties: Bill of
Rights
• Applies to all U.S.
Citizens
• Delegated, expressed,
limits on the federal
government
• Denied Powers of Gov’t
• Enumerated Powers of
Gov’t
Civil Rights vs. Civil Liberties
Limited Government

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1789: Constitutional Convention:
Alexander Hamilton, James Madison
and the Federalists
Thomas Jefferson, Benjamin
Franklin, Anti-Federalists
• Compromise with the Bill of Rights to
Limit the power of the federal
government.
Rights are Relative not Absolute

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Right to do: unless infringement upon others
right to life, liberty, and property
14th amendment:
Right to abortion
 Right to Free Attorney at taxpayer expense
 Right to be read rights regardless of confession
 Right to be free from religion in the public
 Right to tax intrastate commerce
 Right to etc…

Federalism vs. Individual Rights

5th amendment due
process of law:

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Life
Liberty
Property
Denies federal and state
government interference

14th amendment due
process of law:
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No state shall
U.S. Citizenship
Process of Incorporation?
5th Amendment vs. 14th Amendment
Process of Incorporation
1. Gitlow v. New York (1925)
1.
2.
3.
Communist/Socialist Party of America
Convicted in State Court: New York; treason
and in violation of1902 Criminal Anarchy
Law
Federal Espionage & Sedition Act of
1917/18.
Communism = Death
Process of Incorporation
2. Engle v. Vitale (1962)
School Prayer and
recitation of Regent’s
Prayer banned
3. Abington School Dist
vs. Schempp (1963)
banned Lord’s Prayer
Anti-Incorporation
Rulings:
1. Stone v. Graham (1980)
post the 10
commandments
2. Wallace v. Jaffree
(1985) Moment of
Silence
3. Santa Fe School vs.
Doe (2000) prayer at
football games
1787-1962 Prayer in school?
Religious Compromises
Equal Access Act of 1984: If any group has access to
school facilities than all groups have access.
The Lemon Test: Lemon v. Kurtzman (1971) 1.
purpose must be secular 2. not to enhance nor inhibit
religion 3. avoid excessive entanglement
Epperson v. Arkansas (1968) State cannot ban
evolution
Edwards v. Aguillard (1987) if evolution is taught
creationism must be offered as a theory as well
Zorach v. Clauson (1952) students allowed to leave
school for religious purposes
Evolution in schools?
Process of Incorporation
1. Lynch v. Donnelly 1984 ‘baby Jesus is
allowed on public property as long as
Santa and Rudolph are included’
2. Allegheny v. ACLU 1989 baby Jesus is
illegal on public property
Lemon v. Kurtzman 1971
3 part Lemon Test:
1. May not inhibit nor prohibit religion
2. May not excessively entangle with
religion
3. Aid, must be secular
Incorporation of Free Exercise
14th Amendment Cases
1. Prince v. Mass (1944)
Religion not an excuse
to avoid draft
2. Oregon v. Smith (1990)
no peyote and state
drug laws
Bill of Rights Cases
1. Watchtower v. Stratton
(2002) no license to
solicit
2. Wisconsin v Yoder
(1972) 8th grade
education max
3. West Virginia v Barnette
(1943) no mandatory
flag-salute
No Mandatory Pledge &
Right to Solicit
Incorporation of Speech
14th amendment
1. Obscenity:
2. Prior Restraint:
1.
Pentagon Papers;
New York Times v.
U.S. 1971
3. Hazelwood v.
Kuhlmeier 1988
student speech
1.
2.
3.
4.
5.
6.
Bill of Rights
Limitations
Libel:
Slander:
Sedition:
Schenck v. U.S.
1919
Smith Act 1940
Dennis v U.S. 1951
Obscenity & Culture Norms
Incorporation of Speech
1.
2.
3.
4.
14th amendment
FCC regulations
Shield Laws:
Picketing:
U.S. v. O’Brien
1968
1.
Cannot burn draft
card
Bill of Rights
1. Texas v. Johnson
1989 can burn flag
2. Virginia v. Black
2003: can burn a
cross
3. Tinker v Des
Moines: can wear
symbolic language
Free Speech & Flag/Cross Burning
 Freedom
to assemble and petition: Are
there limits and when may they apply?
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1.
2.
3.