1. Civil Liberties

2. Goals of the presentation:
Define civil liberty
Explain how this issue is relevant today
Discuss conflicts (Rights in conflicts, cultural conflicts) to display relevance

3. Review: Why no Bill of Rights originally?
What were the Bill of Rights intended to do?

4. Civil Liberties…a definition:
The protections the Constitution provides against the abuse of government power
For example, the First Amendment of the Bill of Rights guarantees citizens the right to practice whatever religion they please. Government, then, cannot interfere in an individual's freedom of worship
Basically, Liberty from government intrusion

5. Rights in Conflict

6. Westboro Baptist Church

7. Speech vs maintaining safe school environment

8. War as a catalyst to restrict rights
Sedition Act of 1798
Espionage and Sedition Acts
Smith Act of 1940, Internal Security Act 1950, Communist Control Act 1954
Goal of each was to limit free speech to protect the nation…

9. Selective Incorporation
Definition?
14th Amendment: no state shall deprive any person of life, liberty, or property without due process of law and that no state shall deny to any person within its jurisdiction the equal protection of the laws
But Bill of Rights will not be applied until the courts get involved… even then it was one piece at a time.

10. Selective Incorporation: The Biggies
Gitlow v. New York
Supreme Court found that Gitlow was guilty of his crimes
the court also found that the states were not allowed to deny their residents speech and press rights because they are “fundamental personal rights”
Palko v. Connecticut
Held up conviction, but certain rights should be applied to the states because they “represented the very essence of a scheme of ordered liberty”

11. Freedom of expression… in the proper location only?

12. Freedom of Expression: Tests used by the courts
Clear and present danger test (the question of sedition)
Schenk v. US, 1919
Speech can be suppressed only if there is an imminent threat to society
Ex: falsely shouting “Fire!” in a crowded theater

13. Freedom of Expression: Tests used by the courts
Preferred position
Free speech is of utmost importance and should therefore occupy a “preferred position” above other values government should almost never restrict it

14. Freedom of Expression: Tests used by the courts
Prior Restraint
Blocking speech before it is given
Such action is presumed by courts to be unconstitutional
EX: Pentagon Papers case

15. Freedom of Expression: Tests used by the courts
Neutrality – must not favor one group more than another
Clarity – definitions and instructions must be clear (for acquiring permits or in defining obscenity)
Least-restrictive means – restrict the least amount of freedoms as possible… only the bare minimum

16. What about Symbolic Speech?
Texas v. Johnson, 1989: flag burning okay
One vote away from sending an amendment to the states in 2006…would have been interesting!
U.S. v. O’Brien, 1968: cannot burn your draft card… wait a minute! How is that different than the flag?

17. What speech is not automatically protected?
Slander/Libel…but…
False statement
Harm
If politician or in the limelight: “actual malice”
Victim has to prove that he/she is the victim
Obscenity… well, kind of…
Symbolic Speech
False advertising… because that makes everybody angry

18. Church and state
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

20. Church and State Free exercise clause- no state interference
Law may not impose special burdens on religion
But no religious exemptions from laws binding all other citizens

21. Free exercise clause in practice
Polygamy (Reynolds v. US)
Not vaccinating children before they enter school – Christian Scientists
Refusal to pay Social Security taxes - Amish
Religious practices that have been permitted
Not saluting the flag in public school – Jehovah’s Witnesses
Not attending school after 8th grade (Amish)

22. Establishment Clause government may NOT establish an official religion
Congress at the time: simply “no national religion”
Jefferson’s view: “wall of separation”-letter to the Danbury Baptist Association in 1801
Ambiguous phrasing of First Amendment requires Court interpretation

23. Establishment Clause in practice
Three-part test for constitutional aid (Lemon)
Secular purpose
Primary effect neither advances nor inhibits religion
No excessive government entanglement with religion
No Prayer in public schools (Engel v. Vitale)
No Ten Commandments at Kentucky ct building, but okay outside the Texas state capital.