Civil Liberties Americans have held liberty in high regard since lost their liberties spurred a break from Great Britain. Americans valued the idea of due process of law ( legal safeguards to prevent government from taking rights away) The original Constitution contained a few basic protections from the government such as no Bill of Attainder (laws that declare a guilty verdict without trial) Habeas Corpus (individual must be told the cause of detention) and no ex post facto laws (cannot punish someone for an act that was legal when the act was committed) Congress added a Bill of Rights to protect the people from the Federal government. However most states already had a Bill of Rights so states did not have to follow the national Bill of Rights. But through a process called Selective Incorporation the Supreme court has insisted states must also follow the Bill of Rights provisions through the 14th Amendment due process clause

Incorporation of the Bill of Rights 1st Amendment – Gitlow v. New York (1925) – Question:Is the New York law punishing advocacy to overthrow the government by force an unconstitutional violation of the free speech clause of the First Amendment? Conclusion: States must apply freedom of speech to all citizens by virtue of the 14th Amendment Clear and Present Danger Test – Schenck v. United States (1919) Question: Are Schenck's actions (words, expression) protected by the free speech clause of the First Amendment? Conclusion: The Free Speech Clause of the First Amendment does not shield advocacy urging conduct deemed unlawfu

Do students have the right to free speech in schools? Symbolic Speech: nonverbal speech in the form of an action, picketing, flag burning etc. U.S. v. O’Brien (1968) Burning of draft cards was not protected by 1st amendment Texas v. Johnson(1989) Flag burning is allowed as freedom of expression Do students have the right to free speech in schools? Tinker v. Des Moines ISD (1969) Court ruled students had the right wear black armbands in protest of the Vietnam War. “students rights do not stop at the schoolhouse gates” Morse v. Frederick (2007). Bong Hits 4 Jesus -- -not protected due to the promotion of illegal drugs