Civil Liberties Civil Liberties Definition Personal freedoms expressed
Civil Liberties
Civil Liberties: Definition • Personal freedoms (expressed and implied) that are protected for all individuals and that generally deal with individual freedom – Civil liberties prevent the government from infringing on the rights of its citizens • Civil liberties are spelled out in the Bill of Rights – However, they are intentionally vague • We look the courts to interpret these rights
Freedom of Religion • Establishment Clause – A “wall of separation between Church and State” • Aid to religious schools – Lemon Test: • Government must avoid excessive entanglement with religion • State aid cannot advance or inhibit religion – School vouchers? – School prayer?
Freedom of Expression • Free speech and symbolic speech • Restrictions: – Libel and slander laws – Clear and Present Danger rule • Inciting a riot • “Fire” – Prior restraint • Restraining an action before it even occurs (censorship) • Prior restraint is usually struck down by Sup. Court
Obscenity • Supreme Court has ruled on this – If material deals with sex and violates community standards, then it can be considered obscene • Are all community standards the same? • What about obscenity on the Internet?
Hate Speech • Definition: Abusive speech attacking a person on the basis of ethnicity, race, gender, sexual orientation, etc. • Does restricting hate speech restrict violence? – Some colleges say yes, and have created speech and behavior codes for students, faculty, and staff – Supreme Court says that these codes are unconstitutional
Other “Rights” • Right to Privacy – Not mentioned anywhere in the Constitution – Supreme Court argues that this right is implied in the Constitution • This implied right is the basis for Roe v. Wade decision – Privacy is becoming an even bigger issue in the Information Age
Due Process and Fair Treatment • Defendant rights and limits on the state – No illegal search and seizure • Search warrants – No coerced confessions – Fair and public trial – Adequate counsel – Miranda rights – “Exclusionary rule: • Only evidence gathered legally is admissible
Civil Liberties in Wartime • Should civil liberties be restricted in wartime? – Where do we draw the line? • Racial Profiling • Internment of the Japanese during WWII • Civil liberties in the wake of September 11 th, 2001 – PATRIOT ACT
PATRIOT Act • Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act – “Many parts of this sweeping legislation take away checks on law enforcement and threaten the very rights and freedoms that we are struggling to protect. For example, without a warrant and without probable cause, the FBI now has the power to access your most private medical records, your library records, and your student records. . . and can prevent anyone from telling you it was done. ” - ACLU
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