2. 1 Civil liberties are personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation. Though the scope of the term differs amongst various countries, some examples of civil liberties include the freedom from slavery and forced labor, freedom from torture and death, the right to liberty and security, freedom of conscience, religion, expression, press, assembly and association, speech, the right to privacy, the right to equal treatment and due process and the right to a fair trial, as well as the right to life.governmentslaveryforced labor torturedeathlibertyfreedom of consciencereligionexpressionpressassembly and associationspeechprivacydue processright to a fair trialright to life

3. 2 Ch. 19/20 - Civil Liberties Bill of Rights - 1791 First 10 amendments guarantee certain rights Compromise between Federalists / Anti-federalists - protect states and citizens from the Federal Government 14th Amendment - 1868 “nor shall any State deprive any person of life, liberty, or property, without due process of law” (see 5th amendment)

4. 3 Amendment V (1791) “nor be deprived of life, liberty, or property, without due process of law” Amendment XIV (1868) “nor shall any State deprive any person of life, liberty, or property, without due process of law”

5. 4 Ch. 19/20 - Civil Liberties Bill of Rights - 1791 First 10 amendments guarantee certain rights Compromise between Federalists / Anti-federalists - protect states and citizens from the Federal Government 14th Amendment - 1868 “nor shall any State deprive any person of life, liberty, or property, without due process of law” (see 5th amendment) * Made the Bill of Rights apply to the states

6. 5 1st Amendment - Protects basic freedoms, or natural rights, that founding fathers felt were most important Freedom of religion, speech, the press, assembly Establishment Clause - “Congress shall make no law regarding an establishment of religion” - Idea of separation of church and state Engel v. Vitale - 1962 School prayer is unconstitutional - violated the establishment clause The prayer was an endorsement of religion

7. 6 The “Lemon Test” - In Lemon v. Kurtzman in 1971 Court established a 3 pronged test to help determine constitutionality: 1) must be secular in nature 2) neither advances nor inhibits religion 3) must not create an excessive government entanglement with religion Courts have used or not used Lemon test in cases since

8. 7 Lemon Test

9. 8 Free Exercise Clause - “or prohibit the free exercise thereof” - people have right to practice their own religious customs - must not violate criminal laws or pose a threat to society Wisconsin v. Yoder - 1972 - State law required students to attend school to age 16 Amish family sued to remove their children after eighth grade

10. 9

11. 10 Which side has a more compelling interest?

12. 11 Free Exercise Clause - “or prohibit the free exercise thereof” - people have right to practice their own religious customs - must not violate criminal laws or pose a threat to society Wisconsin v. Yoder - 1972 - State law required students to attend school to age 16 Amish family sued to remove their children after eighth grade Court ruled in favor of Yoder - violated free exercise clause

13. 12 Freedom of Speech - “or abridging the freedom of speech” Three types of speech as defined by the Supreme Court: 1) pure speech 2) speech plus conduct 3) symbolic speech As with religion, free speech has limits

14. 13 Schenck v. U.S. - 1919 Schenck was convicted of promoting opposition to WWI Court established “clear and present danger” standard - need to maintain order outweighs free speech Texas v. Johnson - 1989 Johnson convicted of violating state law by burning American flag in protest Court ruled symbolic speech protected by 1st Amendment

15. 14

16. 15 Tinker v. Des Moines School District - 1969 Students agree to wear black armbands with peace signs to protest Vietnam School warns students they will be suspended Supreme Court rules in favor of Tinkers - Arm bands would not disrupt learning environment

17. 16

18. 17

19. 18 Freedom of the Press - Watchdog or “check” on the government Today the “press” includes magazines, TV, radio, internet Also has limits - FCC can set standards and fines for decency N.Y. Times v. U.S. - 1971 N.Y. times began daily reports on “Pentagon Papers” - Nixon sued to stop publication based on national security Supreme Court ruled “prior restraint” unconstitutional “The press was protected so that it could bare the secrets of government and inform the people” - Justice Hugo Black

20. 19

21. 20

22. 21 Free Speech & Press

23. 22 2nd Amendment - “A well regulated militia, being necessary for the security of a free state… the right of the people to keep and bear arms shall not be infringed”

24. 23

25. 24

26. 25

27. 26 2nd Amendment - “A well regulated militia, being necessary for the security of a free state… the right of the people to keep and bear arms shall not be infringed” 3rd Amendment - - No quartering of soldiers without consent of the owner British army taking over homes of citizens during colonial period

28. 27 4th - 8th Amendments protect the rights of the accused 4th Amendment - “The right of the people to be secure... against unreasonable searches and seizures” - Must have a specific search warrant from the court

29. 28 4th - 8th Amendments protect the rights of the accused 4th Amendment - “The right of the people to be secure... against unreasonable searches and seizures” - Must have a specific search warrant from the court Mapp v. Ohio - 1961 Court ruled evidence illegally seized is inadmissible in court

31. 30 4th - 8th Amendments protect the rights of the accused 4th Amendment - “The right of the people to be secure... against unreasonable searches and seizures” - Must have a specific search warrant from the court Mapp v. Ohio - 1961 Court ruled evidence illegally seized is inadmissible in court

32. 31

33. 32 4th - 8th Amendments protect the rights of the accused 4th Amendment - “The right of the people to be secure... against unreasonable searches and seizures” - Must have a specific search warrant from the court Mapp v. Ohio - 1961 Court ruled evidence illegally seized is inadmissible in court 5th Amendment - “nor shall be compelled… to be a witness against himself” “nor shall any person… for the same offense to be twice put in jeopardy”

35. 34 6th Amendment - - “the right to a speedy and public trial, by an impartial jury” - “to have the assistance of counsel for his defense” Gideon v. Wainwright - 1963 - Gideon could not afford an attorney - district court denied his request for one and he was convicted Supreme Court overturned his conviction

36. 35

37. 36 6th Amendment - - “the right to a speedy and public trial, by an impartial jury” - “to have the assistance of counsel for his defense” Gideon v. Wainwright - 1963 - Gideon could not afford an attorney - district court denied his request for one and he was convicted Supreme Court overturned his conviction 7th Amendment - - Right to trial by jury in civil law suits

38. 37 8th Amendment - - “nor cruel and unusual punishments inflicted”

39. 38 Rights of the Accused

40. 39 Capitol Punishment

41. 40 8th Amendment - - “nor cruel and unusual punishments inflicted” 9th Amendment - - “The enumeration … of certain rights, shall not be construed to deny or disparage others retained by the people” Covers other rights not listed that the government might violate 10th Amendment - “Reserved powers” clause

42. 41 Right to Privacy - Not mentioned in the Bill of Rights or anywhere in the U.S. Constitution Supreme Court created it from rights in various amendments Griswold v. Connecticut - 1965 - Griswold violated state law banning distribution of birth control information and was convicted Supreme Court overturned conviction based on right to privacy created out of 1st, 3rd, 4th, 5th, and 9th amendments

43. 42 Griswold v. Connecticut - 1965 - “Right to Privacy” “... various Constitutional guarantees create “zones” of privacy” “the right of privacy is a legitimate one. The present case concerns a relationship lying within the “zone” of privacy created by several fundamental Constitutional guarantees” Dissenting opinion by Justice Stewart / Justice Black “What provision of the Constitution makes this state law invalid? The Court says it is the right of privacy... I can find no such right of privacy in the Bill of Rights, in any other part of the Constitution, or in any case ever before decided by this Court”

44. 43 Right to Privacy - Not mentioned in the Bill of Rights or anywhere in the U.S. Constitution Supreme Court created it from rights in various amendments Griswold v. Connecticut - 1965 - Griswold violated state law banning distribution of birth control information and was convicted Supreme Court overturned conviction based on right to privacy created out of 1st, 3rd, 4th, 5th, and 9th amendments Roe v. Wade - 1973 - Texas law banning abortion was challenged by “Roe” Supreme Court applied right to privacy to strike down abortion law

45. 44

46. 45 The End