Civil Liberties American Federal GovernmentAmerican Federal Government

Proof you can get drunk with power “The Constitution is what judges say it is.” ---Charles Evans Hughes, speech, Elmira, NY, May 3, 1907

Is there a difference? Civil liberties and civil rights are NOT synonymous Definition: Civil liberties: freedom from government intrusion; protections from government action against you Example: Bill of Rights in the Constitution Civil rights: government action on your behalf; a desire for government to take certain actions for you Example: Affirmative action

Court cases…yuck! Challenges to Fundamental Liberties –Alien and Sedition Acts (1798) –Barron v. Baltimore (1833) –Dred Scott v. Sanford (1857) –Espionage Acts of 1918 –The “Red Scare” & McCarthyism (1950s) –Vietnam War & riot legislation

More cases…Go “bleep” yourself Issues of Free Speech: How Do We Interpret the Guarantees of the 1st Amendment? –Gitlow v. New York (1925) –“Clear and present danger” –Symbolic speech Abortion clinic protests Texas v. Johnson (1989)

Just let them write and stop with the cases Freedom of the Press –Near v. Minnesota (1931) Issue of “prior restraint” –New York Times Co. v. United States (1971) The “Pentagon Papers” –Obscenity Miller v. California (1973) Communications Decency Act of 1996; Reno v. ACLU (1997)

I worship Supreme Court Cases Freedom of Religion –Lemon v. Kurtzman (1971) The Lemon Test –School Prayer Engle v. Vitale (1962)

3 more slides with court cases Evolution of Individual Liberties Under the Constitution The “Right to Privacy” & Abortion –Roe v. Wade (1973) –Griswold v. Connecticut (1965) –Webster v. Reproductive Health Services (1989) –Planned Parenthood v. Casey (1992)

2 more slides…can you feel the excitement? Evolution of Individual Liberties Under the Constitution The Rights of the Accused –Gideon v. Wainwright (1963) –Miranda v. Arizona (1966) –Mapp v. Ohio (1961)

Last slide with cases…YES!!! Evolution of Individual Liberties Under the Constitution The Controversy over the Death Penalty –Cruel and unusual punishment? –Furman v. Georgia (1972) –Gregg v. Georgia (1976)

Now you’re ready for Law School Evolution of Individual Liberties Under the Constitution How well have Supreme Court decisions followed public opinion (or vice versa)?

Say what you want The First Amendment Goes Too Far

But no burning flags Constitutional Amendment to Prevent Flag Burning

People outside of TX believe in the death penalty too Death Penalty

Disconnect between attitudes and policy Firearms Laws

Wait, most Americans agree on abortion? Abortion: Legal Under Which Circumstances?