Civil Liberties and Civil Rights

Civil Liberties Freedoms upon which the government may not infringe. The Bill of Rights guarantees the rights of individuals and expresses limitations on federal and state governments.

Civil Rights The basic right to be free from unequal treatment based on protected characteristics. (Ex: race, gender, disability, etc.)

First Amendment Freedoms Religion Government may not establish an official religion. (Establishment Clause) It also cannot endorse, or unduly interfere with the free exercise of religion. (Free Exercise Clause)

Speech – Individuals are free to express their opinions and beliefs. Government cannot restrain ideas before they are expressed. (prior restraint)

Press – The press is free to gather and publish information, including that which criticizes the government.

Assembly – Individuals may peacefully gather. The government cannot regulate assemblies based on what might be said there. (content neutral) Petition – Individuals have the freedom to make their views known to public officials.

Rights of the Accused The Bill of Rights protects citizens from: Unreasonable search and seizures (4 th ) Double Jeopardy (5 th ) Self-incrimination (5 th ) Cruel and unusual punishment (8 th )

Due Process Procedural due process of law The government must use fair proceedings. Substantive due process of law The laws under which the government acts must be fair.

Amendments Protecting Due Process 5 th Amendment – Prohibits the national government from acting in an unfair or arbitrary manner. 14 th Amendment – Prohibits state and local governments from acting in an unfair or arbitrary manner.

Individual Liberties vs. Responsibilities Few rights, if any, are considered absolute. Some forms of speech are not protected. Examples: libel, slander, and obscenity Speech that is a “clear and present danger” is not protected. Example: shouting fire in a crowded building The press can be restricted when publication will cause serious and irreparable harm. Example: national security

Equal Protection The Equal Protection Clause is contained in the 14 th Amendment to the Constitution. The promise of equal protection under the law does not guarantee all people will be treated exactly the same. The government may classify or categorize people into groups for justifiable government goals. Example: adults under 21 may not purchase alcohol

Applications of Equal Protection Civil Rights Movement – Congress passed a series of laws outlawing discrimination. Affirmative Action – The government passed laws and implemented procedures to reverse the effects of years of discrimination primarily against women and minorities.