What are civil liberties? Definition: individual protections against the government

2. What are civil liberties? • Definition: individual protections against the government

3. Where are these rights identified? • Definition: individual protections against the government • Primarily contained in the Bill of Rights

4. What is governments role with regard to these rights? • 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

5. Balancing Conflicting Rights • Rights of the accused v. law and order • Free speech v. protecting reputation • Freedom of the press v. fair trial

6. Incorporation Doctrine • Does the Bill of Rights apply to states? • First Amendment

8. Incorporation Doctrine • Does the Bill of Rights apply to states? • First Amendment • Barron v. Baltimore (1833) • Fourteenth Amendment

10. 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

12. Religion

13. Religion Where do the words “freedom of religion” appear in the Constitution?

14. Religion Where do the words “separation of church and state” appear in the Constitution?

15. Religion What words DO appear in the Constitution?

16. Religion Congress shall make no law respecting an establishment of religion . . .

17. Religion • Establishment Clause • . . . or prohibiting the free exercise thereof

18. Religion • Establishment Clause • Free Exercise Clause

19. Religion Establishment Clause What would the Establishment Clause appear to say?

21. 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”

22. 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

23. Religion Establishment Clause • Gov’t Aid to Church-related Schools • Buildings for colleges

24. Religion Establishment Clause • Gov’t Aid to Church-related Schools • Books, computers, transportation

25. Religion Establishment Clause • Gov’t Aid to Church-related Schools • Vouchers?

26. Religion Establishment Clause • Religious Activity in Public Schools • Prayer (Engle v. Vitale) • Staff lead • Graduation • Athletic events • Moment of silence

27. Religion Establishment Clause • Religious Activity in Public Schools • Curriculum • Prohibiting evolution • Adding creationism / intellegent design • Release Time

28. Religion Establishment Clause • Religious Activity in Public Schools • Use of facilities • Equal Access Act of 1984

29. Religion Establishment Clause • Religious Activity in Public Places • 10 Commandments

30. Religion Establishment Clause • Religious Activity in Public Places • 10 Commandments • Holiday displays

31. Religion Free Exercise Clause Belief v. Practice

32. Religion Free Exercise Clause • Religious Practices that Forbid “Necessary” Activities • Medical care • Military service

33. Religion Free Exercise Clause • Religious Practices that Forbid “Necessary” Activities • Medical care • Military service • Attending public schools • Flag salute

34. Religion Free Exercise Clause • Religious Practices that Allow “Unacceptable” Activities • Polygamy • Drug use

35. 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

36. Speech / Expression

37. Speech / Expression • Prior Restraint: • Government cannot prevent publication • Near v. Minnesota • New York Times v. United States

38. Speech / Expression • Prior Restraint: • Exceptions: • High school newspapers • National security • CIA

39. Speech / Expression • Public order: • Schenk v. U.S. • Sedition in the abstract v. immediately inciting violence • Public v. private property

40. Speech / Expression • Fair trials: • SCOTUS had never upheld a restriction on reporting • Sources are not protected • Shield laws • Sequestering juries

41. Speech / Expression • Obscenity: • “I know it when I see it” • Child pornography • Violence

42. Speech / Expression • Libel and slander: • Public figures • Exceptions: • Consent • True

43. Speech / Expression • Symbolic speech: • Schools • Texas v. Johnson • Draft cards • Cross burning

44. Speech / Expression • Commercial speech: • False claims • Trend towards fewer restrictions

45. Speech / Expression • Public airwaves: • As compared to printed media • Obscenity • Trend towards fewer restrictions

46. Assembly • Group speech • Versus public order • Nazis, KKK • Abortion