1. Unit 2
Civil Rights and Civil Liberties

2. 2.1
Civil Rights and Civil Liberties
1st and 2nd Amendments

3. Civil Rights
The right to full legal, social and economic equality

4. Civil Liberties
Those freedoms guaranteed by the bill of rights.

5. The Bill of Rights (Liberties)
Freedom of religion, speech, press, assembly, and petition. Right to keep and bear arms in order to maintain a well regulated militia. Right to due process of law, freedom from self-incrimination, double jeopardy. ... Freedom from excessive bail, cruel and unusual punishments.

6. The Bill of Rights (liberties) Cont.
First ten amendments to the constitution
When added it did not apply to the states, only to the federal government

7. Substantive Liberty
restraints limiting what the government shall have the power to do,
Those liberties listed in the Bill of Rights

8. First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

9. Establishment Clause
Congress shall make no law respecting an establishment of religion

10. Establishment Court Cases
Engel v. Vitale (1962)
Lemon v. Kurtzman
Lemon test

11. Free Excercise
or prohibiting the free exercise thereof

12. Free Exercise Cases Reynolds v. United States (1879)
Sherbert v. Verner (1963)
Wisconsin v. Yoder (1972)
Employment Division v. Smith (1990)

13. Free Speech Symbolic Speech Hate Speech
Nonverbal gestures and actions that are meant to communicate a message.
Hate Speech
speech that attacks, threatens, or insults a person or group on the basis of national origin, ethnicity, color, religion, gender, gender identity, sexual orientation, or disability.

14. Obscenities
(1) whether ‘the average person, applying contemporary community standards’ would find that the work, ‘taken as a whole,’ appeals to ‘prurient interest’ (2) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by the applicable state law, and (3) whether the work, ‘taken as a whole,’ lacks serious literary, artistic, political, or scientific value.

15. Free Speech Cases Tinker v DesMoines Schenck v. United States
Clear and present danger test
Gitlow v. New York
Bethel School District v. Fraser
Texas v. Johnson
Citizens United v. Federal Election Commission
Snyder v. Phelps (2011)

16. Freedom of Press Prior Restraint
 government action that prohibits speech or other expression before it can take place.

17. Free Press Cases New York Times V. Sullivan
New York Times V. United States
Near v Minnesota (1925)

18. Assembly, Petition,
or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

19. Assembly and Petition Cases
Buckley v. American Constitutional Law Foundation
NAACP v. Alabama

20. Second Amendment
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed

21. Second Amendment Cases
McDonald v. Chicago
District of Columbia Et al. v. Heller,