Civil Liberties September 8, 2008

Bill of Rights – First ten amendments to the Constitution Civil liberties – protections against government. Civil rights – positive acts of government that seek to make constitutional guarantees a reality for all people

Our rights are relative, not absolute 14th Amendment prevents States from denying basic rights without due process of law. AKA “Due Process Clause” 9th Amendment

1st Amendment prohibits “an establishment of religion” “Establishment Clause” According to Thomas Jefferson, Establishment Clause creates “a wall of separation between church and state.”

Court relies upon Lemon test: Purpose of aid must be secular Primary effect must neither advance nor inhibit religion Must avoid “excessive entanglement of government with religion” Free Exercise Clause

Freedom of Speech and Press Not absolute Slander & Libel not protected Obscenity? Symbolic speech Media Flag burning?

Freedom of Assembly and Petition Protects right to assemble Government can make and enforce reasonable rules Right of association