What are civil liberties? Definition: individual protections against the government

Where are these rights identified? Definition: individual protections against the government Primarily contained in the Bill of Rights

What is governments role with regard to these rights? Definition: individual protections against the government Primarily contained in the Bill of Rights Government’s role is protecting rights, not granting them Involves a balancing of conflicting rights

Balancing Conflicting Rights Rights of the accused v. law and order Free speech v. protecting reputation Freedom of the press v. fair trial

Incorporation Doctrine Does the Bill of Rights apply to states? First Amendment

Incorporation Doctrine Does the Bill of Rights apply to states? First Amendment Barron v. Baltimore (1833) Fourteenth Amendment

Incorporation Doctrine Does the Bill of Rights apply to states? First Amendment Barron v. Baltimore (1833) Fourteenth Amendment Gitlow v. New York (1925) Selective incorporation

Religion

Where do the words “freedom of religion” appear in the Constitution?

Religion Where do the words “separation of church and state” appear in the Constitution?

What words DO appear in the Constitution? Religion What words DO appear in the Constitution?

Religion Congress shall make no law respecting an establishment of religion . . .

. . . or prohibiting the free exercise thereof Religion Establishment Clause . . . or prohibiting the free exercise thereof

Religion Establishment Clause Free Exercise Clause

What would the Establishment Clause appear to say? Religion Establishment Clause What would the Establishment Clause appear to say?

Religion Establishment Clause No official religion of the U.S. No favoritism toward one religion in the U.S. Jefferson: “a wall of separation between church and state”

Gov’t Aid to Church-related Schools Religion Establishment Clause Gov’t Aid to Church-related Schools Lemon v. Kurtzman Aid must have a secular purpose Aid does not advance or inhibit religion No excessive gov’t entanglement

Gov’t Aid to Church-related Schools Religion Establishment Clause Gov’t Aid to Church-related Schools Buildings for colleges

Gov’t Aid to Church-related Schools Religion Establishment Clause Gov’t Aid to Church-related Schools Books, computers, transportation

Gov’t Aid to Church-related Schools Religion Establishment Clause Gov’t Aid to Church-related Schools Vouchers?

Religious Activity in Public Schools Religion Establishment Clause Religious Activity in Public Schools Prayer (Engle v. Vitale) Staff lead Graduation Athletic events Moment of silence

Religious Activity in Public Schools Religion Establishment Clause Religious Activity in Public Schools Curriculum Prohibiting evolution Adding creationism / intellegent design Release Time

Religious Activity in Public Schools Religion Establishment Clause Religious Activity in Public Schools Use of facilities Equal Access Act of 1984

Religious Activity in Public Places Religion Establishment Clause Religious Activity in Public Places 10 Commandments

Religious Activity in Public Places Religion Establishment Clause Religious Activity in Public Places 10 Commandments Holiday displays

Religion Free Exercise Clause Belief v. Practice

Religious Practices that Forbid “Necessary” Activities Religion Free Exercise Clause Religious Practices that Forbid “Necessary” Activities Medical care Military service

Religious Practices that Forbid “Necessary” Activities Religion Free Exercise Clause Religious Practices that Forbid “Necessary” Activities Medical care Military service Attending public schools Flag salute

Religious Practices that Allow “Unacceptable” Activities Religion Free Exercise Clause Religious Practices that Allow “Unacceptable” Activities Polygamy Drug use

Religion Free Exercise Clause Employment Division v. Smith: Discarded “compelling interest” standard State laws interfering with religious practices but not specifically aimed at religion are constitutional

Speech / Expression

Speech / Expression Prior Restraint: Government cannot prevent publication Near v. Minnesota New York Times v. United States

Speech / Expression Prior Restraint: Exceptions: High school newspapers National security CIA

Speech / Expression Public order: Schenk v. U.S. Sedition in the abstract v. immediately inciting violence Public v. private property

Speech / Expression Fair trials: SCOTUS had never upheld a restriction on reporting Sources are not protected Shield laws Sequestering juries

Speech / Expression Obscenity: “I know it when I see it” Child pornography Violence

Speech / Expression Libel and slander: Public figures Exceptions: Consent True

Speech / Expression Symbolic speech: Schools Texas v. Johnson Draft cards Cross burning

Speech / Expression Commercial speech: False claims Trend towards fewer restrictions

Speech / Expression Public airwaves: As compared to printed media Obscenity Trend towards fewer restrictions

Assembly Group speech Versus public order Nazis, KKK Abortion