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Civil Liberties

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This document summarizes key civil liberties protected by the US Constitution, including rights to free speech, privacy, due process, and prohibitions on cruel and unusual punishment. It outlines how rights like free speech were initially applied only to the federal government but have since been incorporated to also apply to state laws through amendments and court rulings. Specific cases are discussed that established or refined rights around issues like abortion, same-sex relations, search and seizure, death penalty procedures, and more.

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Civil Liberties PROTECTS CITIZENS AGAINST GOVERNMENT RESTRAINT
Firsta discussion MORSE V. FREDERICKYES THIS IS A REAL CASE
Heres What Well Learn Civil Liberties under the original Constitution Incorporation First Amendment rights and restrictions (scholarsget ready to argue!) Due Process rights Privacy rights Rights of the accused Capital Punishment
Civil Liberties Under the Original Constitution Habeas Corpuscourt order directing that a prisoner be presented in court and charges explained Probably can never be suspended (Lincoln tried in the Civil War) Enemy combatants??? Ex Post Facto Lawsalso banned (retroactive punishments) Bill of Rights added ThenAmendment 14 and the Due Process Clause (Civil War Amendment)
Incorporation Originally: Bill of Rights only applied to the Federal Governments dealings with the citizens Then the 14th Amendment guaranteed under the Due Process Clause that all citizens had to be treated equally Substantive Due Process (limits what government can do) Procedural Due Process (how laws are applied) Gitlow v. New York (1925) began incorporation, the case-by-case extension of the bill of rights to the states
Selective Incorporation of the Bill of Rights Update! McDonald v. Chicago (handgun band) incorporated this in 2010
The First Amendment
Rights From Amendment I Speech Press Religion Assembly Petition the Government
Freedom of Speech Congress shall make no law abridging the freedom of speech Pure speech v. symbolic speech Is this an absolute right? When can it be LEGALLY taken away Endangering public safety Advocating illegal activity Overthrow of Government (esp. wartime)
When Can It Be Regulated? Flag burning in a protest? YES (Texas v. Johnson) Burning Draft Card? No (US v. O'Brien) Picketing a private residence? NO (Frisby v. Schultz) Three part test to uphold: Within powers of government Regulation must be unrelated to free speech Other channels of speech are available
Unprotected Speech Sedition: urges resistance to lawful authority or government overthrow Defamatory speech: false speech; damages character or reputation Libel (written) Slander (spoken) Public official? OK Obscenity Fighting words: violent reaction Student speech: can be regulated
The Court's Test Evolution of established limits: 1. Clear and present danger (immediate danger) 2. Bad Tendency Doctrine (Restricted if it tended to lead to an illegal action) 3. Preferred Position Doctrine Speech should almost NEVER be restricted (speech has a preferred position in the constitution) 1. These are fundamental rights; will assume law is unconstitutional)
Freedom of Religion 汲Congress shall make no lawrespecting the establishment of religion[or] prohibiting the free exercise of religion Establishment Clause Free Exercise Clause
Separationof Church and State Establishment Clause No state-sponsored religion Wall of separation: how high? Pledge of Allegiance Money Everson v. Board of Ed (1947) New Jersey Public $ used to bus Upheld (furthered education, not religion)
Lemon Test Lemon v. Kurtzman (1971) State aid to church is legal as along as: 1. Have a non-religious purpose 2. Cant advance or inhibit religion 3. Avoid excessive government entanglement in religion Engel v. Vitale (1962) Teaching of Intelligent Design?
Free Exercise Clause Polygamy (Reynolds v. US) Amish & compulsory education laws (Wisconsin v. Yoder) Jehovahs Witnesses must salute the flag (West Virginia State Board of Education v. Barnette) Using peyote (Employment Division v. Smith)
Press, Assembly, Property LETS DO SOME RESEARCH
Non-First Amendment Rights SHS SOCIAL STUDIES
Amendment IV (privacy) III: Quartering troops Searches & seizures must be reasonable Probable cause Search warrant Signed by judge Exclusionary rule
Right to Privacy Griswold v. Connecticut (1965) Roe v. Wade (1973) Ohio v. Akron Center (1990): parental consent under 18 Lawrence v. Texas (2003): Adults have a right to consensual sexual relations with one another
Is A Warrant Needed? Belief that someone committed a felony? Yes Crime committed in presence of police? No Garbage cans Yes (unless garbage has been taken out) Drug test No Vehicle No (even things in the vehicle) Wiretap Yes
More Amendments Amendment V: self- incrimination (Miranda v. Arizona) Amendment V: double jeopardy (both state & federal laws violated?) Amendment VI: assistance of counsel (Gideon v. Wainwright) 5 years
Amendment VIII Against cruel & unusual punishment Punishment must fit the crime Death penalty? Furman v. Georgia (1972): unconstitutional Gregg v. Georgia (1976): constitutional if death penalty if certain procedures are followedseparate deliberations; specific crimes; appeals)

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Civil Liberties

  • 1. Civil Liberties PROTECTS CITIZENS AGAINST GOVERNMENT RESTRAINT
  • 2. Firsta discussion MORSE V. FREDERICKYES THIS IS A REAL CASE
  • 3. Heres What Well Learn Civil Liberties under the original Constitution Incorporation First Amendment rights and restrictions (scholarsget ready to argue!) Due Process rights Privacy rights Rights of the accused Capital Punishment
  • 4. Civil Liberties Under the Original Constitution Habeas Corpuscourt order directing that a prisoner be presented in court and charges explained Probably can never be suspended (Lincoln tried in the Civil War) Enemy combatants??? Ex Post Facto Lawsalso banned (retroactive punishments) Bill of Rights added ThenAmendment 14 and the Due Process Clause (Civil War Amendment)
  • 5. Incorporation Originally: Bill of Rights only applied to the Federal Governments dealings with the citizens Then the 14th Amendment guaranteed under the Due Process Clause that all citizens had to be treated equally Substantive Due Process (limits what government can do) Procedural Due Process (how laws are applied) Gitlow v. New York (1925) began incorporation, the case-by-case extension of the bill of rights to the states
  • 6. Selective Incorporation of the Bill of Rights Update! McDonald v. Chicago (handgun band) incorporated this in 2010
  • 8. Rights From Amendment I Speech Press Religion Assembly Petition the Government
  • 9. Freedom of Speech Congress shall make no law abridging the freedom of speech Pure speech v. symbolic speech Is this an absolute right? When can it be LEGALLY taken away Endangering public safety Advocating illegal activity Overthrow of Government (esp. wartime)
  • 10. When Can It Be Regulated? Flag burning in a protest? YES (Texas v. Johnson) Burning Draft Card? No (US v. O'Brien) Picketing a private residence? NO (Frisby v. Schultz) Three part test to uphold: Within powers of government Regulation must be unrelated to free speech Other channels of speech are available
  • 11. Unprotected Speech Sedition: urges resistance to lawful authority or government overthrow Defamatory speech: false speech; damages character or reputation Libel (written) Slander (spoken) Public official? OK Obscenity Fighting words: violent reaction Student speech: can be regulated
  • 12. The Court's Test Evolution of established limits: 1. Clear and present danger (immediate danger) 2. Bad Tendency Doctrine (Restricted if it tended to lead to an illegal action) 3. Preferred Position Doctrine Speech should almost NEVER be restricted (speech has a preferred position in the constitution) 1. These are fundamental rights; will assume law is unconstitutional)
  • 13. Freedom of Religion 汲Congress shall make no lawrespecting the establishment of religion[or] prohibiting the free exercise of religion Establishment Clause Free Exercise Clause
  • 14. Separationof Church and State Establishment Clause No state-sponsored religion Wall of separation: how high? Pledge of Allegiance Money Everson v. Board of Ed (1947) New Jersey Public $ used to bus Upheld (furthered education, not religion)
  • 15. Lemon Test Lemon v. Kurtzman (1971) State aid to church is legal as along as: 1. Have a non-religious purpose 2. Cant advance or inhibit religion 3. Avoid excessive government entanglement in religion Engel v. Vitale (1962) Teaching of Intelligent Design?
  • 16. Free Exercise Clause Polygamy (Reynolds v. US) Amish & compulsory education laws (Wisconsin v. Yoder) Jehovahs Witnesses must salute the flag (West Virginia State Board of Education v. Barnette) Using peyote (Employment Division v. Smith)
  • 17. Press, Assembly, Property LETS DO SOME RESEARCH
  • 19. Amendment IV (privacy) III: Quartering troops Searches & seizures must be reasonable Probable cause Search warrant Signed by judge Exclusionary rule
  • 20. Right to Privacy Griswold v. Connecticut (1965) Roe v. Wade (1973) Ohio v. Akron Center (1990): parental consent under 18 Lawrence v. Texas (2003): Adults have a right to consensual sexual relations with one another
  • 21. Is A Warrant Needed? Belief that someone committed a felony? Yes Crime committed in presence of police? No Garbage cans Yes (unless garbage has been taken out) Drug test No Vehicle No (even things in the vehicle) Wiretap Yes
  • 22. More Amendments Amendment V: self- incrimination (Miranda v. Arizona) Amendment V: double jeopardy (both state & federal laws violated?) Amendment VI: assistance of counsel (Gideon v. Wainwright) 5 years
  • 23. Amendment VIII Against cruel & unusual punishment Punishment must fit the crime Death penalty? Furman v. Georgia (1972): unconstitutional Gregg v. Georgia (1976): constitutional if death penalty if certain procedures are followedseparate deliberations; specific crimes; appeals)