1. Unit 2 Civil Liberties & Civil Rights
LG: I will trace the roots of civil liberties in the Constitution & Bill of rights by describing the 1st amendment freedoms & limitations.

2. I. Basis for Civil Liberties
Constitution
Protects citizens from gov. restrictions on freedoms
Habeas corpus protects citizens from illegal incarceration

3. 14.1 TABLE 14.1: Rights in the Original Constitution
This table shows the rights guaranteed in the original Constitution. The Bill of Rights safeguarded many more rights.

4. II. Bill of Rights
Enumerates civil liberties (originally applied only to the federal gov’t)
14th Amendment: due process clause incorporates the Bill of Rights to the states
Selective incorporation extends the Bill of Rights to the states due to the 14th amendment, issue by issue
McDonald v. Chicago: 2nd amendment
Gitlow v. New York: freedom of speech

5. MODIFYING EFFECT OF THE 14TH AMENDMENT
Subsequent cases federalized parts of the Bill of Rights
1st – Assembly, Petition, Religion
4th – Search and Seizure protections
5th – Self-Incrimination, Double Jeopardy
6th – Right to Counsel, Right to Bring Witnesses, Right to Confront Witnesses
8th – Protection against Cruel and Unusual Punishment
All provisions of the Bill of Rights except Amendment 2, Amendment 3, Amendment 7, Amendment 10, and the Grand Jury requirement of the 5th Amendment have been federalized

6. 14.1 FIGURE 14.1: Timeline of Selective Incorporation
This figure shows the cases the Supreme Court decided in favor of citizens who felt that states and local governments were depriving them of the protection of the Bill of Rights.

7. III. 1st Amendment
Freedoms: Religion, Speech, Press, Assembly, & Petition

8. IV. Freedom of Religion
Establishment Clause- the gov’t will not establish an official religion
Wall of separation theory- no religious beliefs & practices in public schools
“separation of church & state”
Lemon v. Kurtzman created the lemon test, if any 1 of the following is present it is unconstitutional
Religious Purpose
Advances or inhibits religion
Excessive entanglement w/ gov’t

9. Engle v. Vitale, 1962: no state-sponsored recited prayer in public school
Epperson v. Arkansas, 1968: state laws may no prohibit the teaching of evolution in public school

10. B. Free Exercise Clause: provides freedom of worship

11. FREEDOM OF RELIGION
THE FREE EXERCISE CLAUSE: distinction between belief & practice
Religious practices that have been restricted:
Polygamy (Reynolds v. U.S.)
Not paying Social Security taxes (Amish)
Wearing a Jewish skullcap (Yarmulke) in the military
Religious practices that have been permitted:
Not saluting flag in public school (Jehovah’s Witnesses)
Not sending children to school past the 8th Grade (Amish)
Animal Sacrifice (Santeria case)

12. V. Freedom of Speech Schenck v. United States, 1919
1. Clear & Present Danger Test: speech can be suppressed only if there is imminent threat to society
Texas v. Johnson, 1989
1. Flag burning as symbolic speech is constitutional
Tinker v. Des Moines, 1969
1. Helped further civil rights for students by allowing them to wear black armbands protesting Vietnam war

13. D. Hazelwood v. Kuhlmeier, 1988 Miller v. California, 1973
1. Administration can restrict content of school newspaper
Miller v. California, 1973
1. Defines obscenity: sexually explicit & lacks serious political, artistic, or scientific value
Brandenburg v. Ohio, 1969
1. Seditious speech that incites violence is protected as long as there is no “imminent” threat

14. VI. Protected Speech Prior restraint is unconstitutional
Symbolic Speech
Picket
Political Demonstrations
Criticizing gov’t officials
Opinions

15. VII. Unprotected Speech
Slander (libel, if printed)
Obscenity
Fighting words (sedition, hate, & violence)
Commercial speech