CIVIL LIBERTIES Unit 5 Bill of Rights Chapter 19

Civil Rights vs. Civil Liberties Civil Rights: 14 th amendment Civil Rights: 14 th amendment Only for government recognized groups.Only for government recognized groups. Positive Acts of Gov ’ t to even the playing field.Positive Acts of Gov ’ t to even the playing field. Gender, Sexuality, Race, National Origin, Age, Disability, Educational Level, Economic StatusGender, Sexuality, Race, National Origin, Age, Disability, Educational Level, Economic Status Civil Liberties: Bill of Rights Civil Liberties: Bill of Rights Applies to all U.S. Citizens Delegated, expressed, limits on the federal government Denied Powers of Gov’t Enumerated Powers of Gov’t

Civil Rights vs. Civil Liberties

Limited Government 1789: Constitutional Convention: 1789: Constitutional Convention: Alexander Hamilton, James Madison and the Federalists Alexander Hamilton, James Madison and the Federalists Thomas Jefferson, Benjamin Franklin, Anti-Federalists Thomas Jefferson, Benjamin Franklin, Anti-Federalists Compromise with the Bill of Rights to Limit the power of the federal government.Compromise with the Bill of Rights to Limit the power of the federal government.

Rights are Relative not Absolute Right to do: unless infringement upon others right to life, liberty, and property Right to do: unless infringement upon others right to life, liberty, and property 14 th amendment: 14 th amendment: Right to abortion Right to abortion Right to Free Attorney at taxpayer expense Right to Free Attorney at taxpayer expense Right to be read rights regardless of confession Right to be read rights regardless of confession Right to be free from religion in the public Right to be free from religion in the public Right to tax intrastate commerce Right to tax intrastate commerce Right to etc… Right to etc…

Federalism vs. Individual Rights 5 th amendment due process of law: 5 th amendment due process of law: Life Life Liberty Liberty Property Property Denies federal and state government interference Denies federal and state government interference 14 th amendment due process of law: No state shall U.S. Citizenship Process of Incorporation?

5 th Amendment vs. 14 th Amendment

Process of Incorporation 1. Gitlow v. New York (1925) 1. Communist/Socialist Party of America 2. Convicted in State Court: New York; treason and in violation of1902 Criminal Anarchy Law 3. Federal Espionage & Sedition Act of 1917/18.

Communism = Death

Process of Incorporation 2. Engle v. Vitale (1962) School Prayer and recitation of Regent’s Prayer banned 3. Abington School Dist vs. Schempp (1963) banned Lord’s Prayer Anti-Incorporation Rulings: 1.Stone v. Graham (1980) post the 10 commandments 2.Wallace v. Jaffree (1985) Moment of Silence 3.Santa Fe School vs. Doe (2000) prayer at football games

Prayer in school?

Religious Compromises Equal Access Act of 1984: If any group has access to school facilities than all groups have access. The Lemon Test: Lemon v. Kurtzman (1971) 1. purpose must be secular 2. not to enhance nor inhibit religion 3. avoid excessive entanglement Epperson v. Arkansas (1968) State cannot ban evolution Edwards v. Aguillard (1987) if evolution is taught creationism must be offered as a theory as well Zorach v. Clauson (1952) students allowed to leave school for religious purposes

Evolution in schools?

Process of Incorporation 1.Lynch v. Donnelly 1984 ‘baby Jesus is allowed on public property as long as Santa and Rudolph are included’ 2.Allegheny v. ACLU 1989 baby Jesus is illegal on public property

Lemon v. Kurtzman part Lemon Test: 1.May not inhibit nor prohibit religion 2.May not excessively entangle with religion 3.Aid, must be secular

Incorporation of Free Exercise 14 th Amendment Cases 1.Prince v. Mass (1944) Religion not an excuse to avoid draft 2.Oregon v. Smith (1990) no peyote and state drug laws Bill of Rights Cases 1.Watchtower v. Stratton (2002) no license to solicit 2.Wisconsin v Yoder (1972) 8 th grade education max 3.West Virginia v Barnette (1943) no mandatory flag-salute

No Mandatory Pledge & Right to Solicit

Incorporation of Speech 14 th amendment 1.Obscenity: 2.Prior Restraint: 1. Pentagon Papers; New York Times v. U.S Hazelwood v. Kuhlmeier 1988 student speech Bill of Rights Limitations 1.Libel: 2.Slander: 3.Sedition: 4.Schenck v. U.S Smith Act Dennis v U.S. 1951

Obscenity & Culture Norms

Incorporation of Speech 14 th amendment 1.FCC regulations 2.Shield Laws: 3.Picketing: 4.U.S. v. O’Brien Cannot burn draft card Bill of Rights 1.Texas v. Johnson 1989 can burn flag 2.Virginia v. Black 2003: can burn a cross 3.Tinker v Des Moines: can wear symbolic language

Free Speech & Flag/Cross Burning

 Freedom to assemble and petition: Are there limits and when may they apply?