Download Civil Liberties in the Bill of Rights

Civil Liberties
Unit 7: The Judicial Branch, Civil Liberties, and Civil Rights
Civil Liberties Defined
Legal, Constitutional protections individuals have from actions of the
government.
Sources
1) The Constitution
2) The Bill of Rights
3) The Fourteenth Amendment
A) Due Process Clause
B) “Selective Incorporation
Congress can pass laws that place “some” limits on rights. Court decisions
USUALLY decide if those limits are reasonable or not.
The 14th Amendment (Due Process Clause)
“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; nor deny to any person within its jurisdiction the
equal protection of the laws.”
• Due Process: Fundamental fairness at the center of our legal system.
• Notification: You are notified of any charges against you
• Hearing: You can present you case in court, and the rules of law apply to you in court
• Counsel: You have the right to an attorney
The 14th Amendment (Selective Incorporation)
“No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States.”
Prior to passage of the 14th Amendment the Constitution ONLY
applied to Federal Law.
• “Incorporation”: The process in which the protection of the rights
found in the Constitution have been extended to protect people
from State Laws
• “Selective”: Has been done on a case by case basis and not all at
once
• Mechanism: Supreme Court
Rights Not Yet Incorporated
• 3rd Amendment (Quartering Troops)
• 5th Amendment (Grand Jury indictment needed for
serious crimes)
• 7th Amendment (Jury Trial in Civil Cases)
• 8th Amendment (Excessive Fines)
Constitutional Civil Liberties
Writ of Habeas Corpus
You must be brought before a court and informed of the charges against you
No Bills of Attainder
You cannot be punished without a trial
No Ex Post Facto Laws
Laws applied to acts committed before the laws’ passage are unconstitutional
Trial By Jury
Duh
Civil Liberties in the Bill of Rights
• Freedom of Religion (1st Amendment)
• Freedom of Speech (1st Amendment)
• Freedom of the Press (1st Amendment)
• Freedom of Assembly and Petition (1st Amendment)
• Property Rights (5th Amendment)
• Rights of the Accused (4th, 5th, 6th Amendment)
Freedom of Religion
“Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof.”
In essence there are two “liberties” here
1) Establishment Clause: Congress cannot establish a “national religion”,
favor a one religion over another, or use tax dollars to support religion.
2) Free Exercise Clause: Guarantees your right to practice any religion or no
religion at all
Establishment Clause
The Establishment Clause is vague and has led to actions by the Supreme
Court to set parameters
• Everson v Board of Education (1947): Courts allowed New Jersey to
reimburse parents of Catholic School students for the cost of busing.
Incorporated establishment clause to the states through 14th amendment.
• Engel v. Vitale (1962):
• Lemon v. Kurtzman (1977)
Free Exercise Clause
The court has made a distinction between belief and practice. Religious
belief is absolute, but the practice of beliefs may be restricted, especially if
those practices conflict with criminal laws.
• Reynolds v. United States (1879):
• Employment Division of Oregon v. Smith (1990):
Freedom of Speech
Types of Speech
1) Pure Speech: Most common form of speech. Verbal speech. Given the most
protection by courts
2) Symbolic Speech: Using actions and symbols to convey an idea rather than words.
May be subject to government restrictions if it endangers public safety
3) Speech Plus: Verbal and symbolic speech used together, such as a rally and/or
picketing. May be limited in regards to public safety
• Gitlow v. New York (1925):
Regulating Speech
The Court has established that not all Speech is protected.
Speech that Threatens Public Safety
• Schenck v. United States (1919)
• Brandenburg v Ohio (1969): Made the “Clear and Present” danger test less
restrictive saying that the speech must lead to “imminent” danger that
would incite an illegal act.
Regulating Speech
Obscenity
• Miller v. California (1973)
Court established the Miller test, which sets standards for
measuring obscenity. 1) major theme appeals to indecent sexual
desires applying contemporary community standards 2) shows in
clearly offensive way sexual behavior outlawed by state law and
3) lacks serious literary, artistic, political, or scientific value
Regulating Speech
Symbolic Speech
• Tinker v. Des Moines (1969)
• Texas v. Johnson (1989):
• Courts have allowed a wide array of symbolic speech as long as it doesn’t
endanger the public
Commercial Speech
Most restricted form of speech. Regulated by the Federal Trade Commission.
Freedom of the Press
Prior Restraint
Government cannot prevent a media outlet from running a story/providing
information before it is run.
• Near v. Minnesota (1931): Incorporates protections of the free press using the 14th
amendment to the states. Prohibits prior restraint
• New York Times v. United States (1971):
Slander/Libel
Libel is the publication of false or malicious statements that damage a person’s
reputation. (Slander is when it is spoken)
• New York Times v. Sullivan (1964): Court establishes that public figures must prove
a malicious intent on the part of the press in cases of libel and slander
Right to Privacy
The Constitution makes no mentions of a “right to privacy.” The Supreme
Court, however, has interpreted several rights that might fall under the
category of privacy.
• Griswold v. Connecticut (1965): Struck down Connecticut law against birth
control. Did so by saying aspects of the First, Third, Fourth, Ninth, and
Fourteenth Amendments create a “zone of privacy.”
• Roe v Wade (1973)
Rights of the Accused
Fourth Amendment: Search and Seizure
• Mapp v. Ohio (1961)
Fifth Amendment: Self-Incrimination
• Miranda v. Arizona (1966)
Sixth Amendment: Right to an Attorney
• Gideon v. Wainwright (1963)