Unit 2 Civil Liberties & Civil Rights LG: I will trace the roots of civil liberties in the Constitution & Bill of rights by describing the 1st amendment freedoms & limitations.

I. Basis for Civil Liberties Constitution Protects citizens from gov. restrictions on freedoms Habeas corpus protects citizens from illegal incarceration

14.1 TABLE 14.1: Rights in the Original Constitution This table shows the rights guaranteed in the original Constitution. The Bill of Rights safeguarded many more rights.

II. Bill of Rights Enumerates civil liberties (originally applied only to the federal gov’t) 14th Amendment: due process clause incorporates the Bill of Rights to the states Selective incorporation extends the Bill of Rights to the states due to the 14th amendment, issue by issue McDonald v. Chicago: 2nd amendment Gitlow v. New York: freedom of speech

MODIFYING EFFECT OF THE 14TH AMENDMENT Subsequent cases federalized parts of the Bill of Rights 1st – Assembly, Petition, Religion 4th – Search and Seizure protections 5th – Self-Incrimination, Double Jeopardy 6th – Right to Counsel, Right to Bring Witnesses, Right to Confront Witnesses 8th – Protection against Cruel and Unusual Punishment All provisions of the Bill of Rights except Amendment 2, Amendment 3, Amendment 7, Amendment 10, and the Grand Jury requirement of the 5th Amendment have been federalized

14.1 FIGURE 14.1: Timeline of Selective Incorporation This figure shows the cases the Supreme Court decided in favor of citizens who felt that states and local governments were depriving them of the protection of the Bill of Rights.

III. 1st Amendment Freedoms: Religion, Speech, Press, Assembly, & Petition

IV. Freedom of Religion Establishment Clause- the gov’t will not establish an official religion Wall of separation theory- no religious beliefs & practices in public schools “separation of church & state” Lemon v. Kurtzman created the lemon test, if any 1 of the following is present it is unconstitutional Religious Purpose Advances or inhibits religion Excessive entanglement w/ gov’t

Engle v. Vitale, 1962: no state-sponsored recited prayer in public school Epperson v. Arkansas, 1968: state laws may no prohibit the teaching of evolution in public school

B. Free Exercise Clause: provides freedom of worship

FREEDOM OF RELIGION THE FREE EXERCISE CLAUSE: distinction between belief & practice Religious practices that have been restricted: Polygamy (Reynolds v. U.S.) Not paying Social Security taxes (Amish) Wearing a Jewish skullcap (Yarmulke) in the military Religious practices that have been permitted: Not saluting flag in public school (Jehovah’s Witnesses) Not sending children to school past the 8th Grade (Amish) Animal Sacrifice (Santeria case)

V. Freedom of Speech Schenck v. United States, 1919 1. Clear & Present Danger Test: speech can be suppressed only if there is imminent threat to society Texas v. Johnson, 1989 1. Flag burning as symbolic speech is constitutional Tinker v. Des Moines, 1969 1. Helped further civil rights for students by allowing them to wear black armbands protesting Vietnam war

D. Hazelwood v. Kuhlmeier, 1988 Miller v. California, 1973 1. Administration can restrict content of school newspaper Miller v. California, 1973 1. Defines obscenity: sexually explicit & lacks serious political, artistic, or scientific value Brandenburg v. Ohio, 1969 1. Seditious speech that incites violence is protected as long as there is no “imminent” threat

VI. Protected Speech Prior restraint is unconstitutional Symbolic Speech Picket Political Demonstrations Criticizing gov’t officials Opinions

VII. Unprotected Speech Slander (libel, if printed) Obscenity Fighting words (sedition, hate, & violence) Commercial speech