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Civil Liberties vs Civil Rights: Understanding Individual Rights and Government Restraints

Explore the distinction between civil liberties and civil rights, with a focus on the incorporation of the Bill of Rights into the Fourteenth Amendment. Learn about freedom of religion, expression, press, assembly, and privacy rights, as well as the rights of the accused. Hot links to internet resources included.

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Civil Liberties vs Civil Rights: Understanding Individual Rights and Government Restraints

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  1. Chapter 4 Civil Liberties

  2. Civil Liberties versus Civil Rights • civil liberties involve restraining the government’s action against individuals • civil rights are rights all individuals share as provided for in the 14th amendment, which guarantees equal protection under the law

  3. Table 4-1: Incorporating the Bill of Rights into the Fourteenth Amendment

  4. Freedom of Religion: • Separation of Church and State • comes from the 1st amendment • establishment clause • state aid to church-related schools • Issues concerning separation of church and state include: • school vouchers • prayer in schools • teaching evolution • religious speech

  5. Freedom of Religion (cont.) • Free Exercise • comes from the 1st amendment • means that no type of religious practice can be prohibited and restricted by the government

  6. Freedom of Expression • No prior restraint – the Supreme Court has been critical of government efforts to censor expression (prior restraint) • The Supreme Court has protected some forms of speech: • symbolic speech • commercial speech (though in Nike v. Kasky (2003), the court did not protect commerical speech

  7. Freedom of Expression Permitted restrictions: • speech that presents a “clear and present danger” • speech speech that might lead to some “evil “(the bad tendency rule)

  8. Freedom of Expression Unprotected speech • obscenity • hate speech • slander

  9. Freedom of the Press • press has some protection from libel charges • libel must be accompanied by actual malice • the press is now protected from gag orders during trials, except in unusual circumstances • radio and t.v. have much more limited 1st amendment protections • they are subject to the equal time rule

  10. The Right to Assemble and Petition the Government • can be limited by municipalities right to offer permits for marches • protected by the 1st amendment

  11. Privacy Rights and Abortion • no explicit right to privacy in Constitution, but in Roe v. Wade (1973) court rules that privacy rights include abortion rights • since then, the Court has taken on a more restrictive view of the rights outlined in Roe

  12. Rights of the Accused versus the Rights of Society • Limits on Conduct of Police Officers and Prosecutors • Defendant’s Pre-Trial Rights • Trial Rights • Miranda Rights • Videotaped Interrogations • Exclusionary Rule

  13. Hot Links to Selected Internet Resources: • Book’s Companion Site: http://politicalscience.wadsworth.com/schmidtbrief2004 • Wadsworth’s Political Science Site: http://politicalscience.wadsworth.com • American Civil Liberties Union: http://www.aclu.org • Project Vote Smart: http://www.vote-smart.org/issues • EPIC Archive – Privacy: http://www.epic.org/privacy

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