Civil Liberties Civil Liberties What are civil liberties

Civil Liberties

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

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

Civil Liberties 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

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

Civil Liberties Incorporation Doctrine Does the Bill of Rights apply to states? • First Amendment

Civil Liberties

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

Civil Liberties

Civil Liberties 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

Civil Liberties

Civil Liberties Religion

Civil Liberties Religion Where do the words “freedom of religion” appear in the Constitution?

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

Civil Liberties Religion What words DO appear in the Constitution?

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

Civil Liberties Religion • Establishment Clause. . . or prohibiting the free exercise thereof

Civil Liberties Religion • Establishment Clause • Free Exercise Clause

Civil Liberties Religion Establishment Clause What would the Establishment Clause appear to say?

Civil Liberties

Civil Liberties 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”

Civil Liberties Religion Establishment Clause Gov’t Aid to Church-related Schools • Lemon v. Kurtzman Ø Aid must have a secular purpose Ø Aid does not advance or inhibit religion Ø No excessive gov’t entanglement

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

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

Civil Liberties Religion Establishment Clause Gov’t Aid to Church-related Schools • Vouchers?

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

Civil Liberties Religion Establishment Clause Religious Activity in Public Schools • Curriculum Ø Prohibiting evolution Ø Adding creationism / intellegent design Ø Release Time

Civil Liberties Religion Establishment Clause Religious Activity in Public Schools • Use of facilities Ø Equal Access Act of 1984

Civil Liberties Religion Establishment Clause • Religious Activity in Public Places 10 Commandments

Civil Liberties Religion Establishment Clause • • Religious Activity in Public Places 10 Commandments Holiday displays

Civil Liberties Religion Free Exercise Clause Belief v. Practice

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

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

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

Civil Liberties 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

Civil Liberties Speech / Expression

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

Civil Liberties Speech / Expression Prior Restraint: • Exceptions: Ø High school newspapers Ø National security Ø CIA

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

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