1. Civil Rights and Civil Liberties
What do these two terms mean? Define…
Talk/Turn/Share

2. “All men are created equal”
What does “equality” mean?
What does “equality” NOT mean?

3. DOES mean: Does NOT mean: Everybody has “unalienable rights”
Equality of opportunity (same chance to succeed)
- Everyone is exactly the same/alike - There are no differences amongst people - We are all entitled to equal results or equal rewards
DOES mean:
Does NOT mean:

4. First place in the Constitution where the word “equality” appears.
14th amendment
First place in the Constitution where the word “equality” appears.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

5. Equal Protection Clause
14th amendment
Civil Liberties
Civil Rights
Due Process Clause
“nor shall any state deprive any person of life, liberty, or property, without due process of law”
Equal Protection Clause
“nor deny to any person within its jurisdiction the equal protection of the laws.”

6. Key Points

7. CIVIL LIBERTIES

8. 14th Amendment
Due Process Clause – prohibits abuse of life, liberty, or property of any citizen
Equal Protection Clause – Constitution applies to all citizens and groups of citizens equally

9. Founding Documents
Declaration of Independence - “We hold these truths to be self-evident; that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.”
Constitution – framers believed in natural rights

10. Bill of Rights Free speech, press, assembly, petition, religion
Right to bear arms
Prohibits quartering soldiers
Restricts illegal search and seizures
Provides grand juries, restricts eminent domain (gov can’t take private property unless compensation), prohibits forced self-incrimination, double jeopardy (can’t be charged for the same crime twice)

11. Bill of Rights 6. Outlines criminal court procedure 7. Trial by jury
8. Prevent excessive bail and cruel and unusual punishment
9. Amendments 1-8 do not necessarily include all possible rights of the people
10. Reserves for the states any powers not delegated to Fed. Gov by Constitution

12. Prohibited Powers
Define: There are a couple of “prohibited” powers that Congress CANNOT do…
They are about preserving your rights!

13. 1.Writ of Habeas Corpus Art. 1, Sec. 9 “Produce the body”
Requires government officials to present a prisoner in court and to explain to the judge why the person is being held

14. 2. Ex Post Facto Laws “after the fact”
Being charged for committing a crime, that wasn’t a crime when the person committed the action

15. 3. Bills of Attainder
Legislative act that punishes an group/individual without judicial trial
Court should decide guilt, not Congress

16. Religion (1st Amendment)
“Establishment” clause – prohibits the gov’t from establishing an official church or favoring one religion over another
“Free exercise” clause – allows people to worship as they please
Some religious practices may conflict with other rights, and then be denied or punished

17. Required Supreme Court Cases
These two court cases deal with freedom of religion and expression, both within our education system.
Wisconsin v. Yoder (1972)
Compelling Amish students to attend school past the 8th grade violates the free exercise clause
Engel v. Vitale (1962)
School sponsorship of religious activities (prayer etc.) violates the establishment clause of 1st amendment

18. Free Speech
DOES NOT mean that you can “say anything you want”… but pretty close
Restrictions To Speech
Threat to national security
Libel – false written statement attacking someone’s character, with intent to harm
Obscenity – not protected, hard to define – Example: Pornographic material

19. Freedom of Expression Free Speech and Public Order
Limited if it speech presents a “clear and present danger”
Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action

20. Required Supreme Court Case
“Clear and Present Danger” debate
Schneck vs. United States (1919)
case in which the U.S. Supreme Court ruled on March 3, 1919, that the freedom of speech protection afforded in the U.S. Constitution's First Amendment could be restricted if the words spoken or printed represented to society a “clear and present danger.”
War Time WW1 background…

21. Freedom of Expression Libel and Slander
Libel: The publication of false or malicious statements that damage someone’s reputation.
Slander: The same thing, only spoken instead of printed.
Different standards for private individuals and public (politicians, celebrities) individuals
Difficult to prove

22. Symbolic Speech Symbolic Speech
Definition: Nonverbal communication, such as burning a flag or wearing an armband.
Generally protected along with verbal speech.
This type of speech is usually political in nature

23. Required SC Case
Tinker vs. Des Moines Independent School District (1969)
Public school students can wear black armbands in school to protest the Vietnam War
How can we connect this case to the last few years at Dearborn High?

24. Freedom of Expression Prior Restraint
Definition: A government preventing material from being published. Usually sensitive in nature. But is considered censorship too.
May be allowed during wartime or for national security reasons
May be punished after something is published.

25. Required Supreme Court Case
New York Times Co. v. United States (1971)
Supreme Court established a heavy presumption against prior restraint, even in cases involving national security unless clear immediate danger gov. can prove.
1st amendment lives on…

26. Freedom of Expression Freedom of Assembly Right to Assemble
Generally permissible, but must meet reasonable local standards.
Balance between freedom to assemble and order in society.
Right to Associate
Freedom to join groups / associations without government interference.

27. Important Vocab
Incorporation Doctrine: an interpretation of the constitution that holds that the due process clause of the 14th amendment requires that the state and local governments also guarantee those rights
Originally the Bill of Rights only applied to the Federal level!

28. Important Vocab
Selective Incorporation: the process by which provisions of the Bill of Rights are brought within the scope of the 14th Amendment and so applied to state and local governments.
A long and slow process that was established through multiple SC cases!
Bill of Rights originally only applied to federal level laws. Crazy to think now…

29. Right to Bear Arm via Incorporation Doctrine
Required SC Case
McDonald vs. Chicago (2010)
2nd amendment right to bear arms for self-defense in one’s home is applicable to the states through the 14th amendment

30. Search and Seizure via Incorporation
4th Amendment
Freedom from “unreasonable search and seizure”
Prevent police abuse
Exclusionary Rule: evidence illegally obtained during a search cannot be used a suspect in a criminal trial

31. Self-Incrimination via Incorporation
5th Amendment
No one “shall be compelled to be a witness against himself.”
Miranda v. Arizona (1966) incorporated the 5th amendment to states
I plead the 5th!

32. Due Process 5th and 14th Amendment
Forbids national AND state gov. to “deny any person life, liberty, or property without due process of law.”
Right to a Fair Trial
Required SC case
Gideon vs. Wainwright (1963)
Grantees right to an attorney for the poor or indigent in a state felony case

33. Right to Privacy
The court has interpreted the due process clause to protect the right of privacy from state infringement as represented by:
Required SC Case
Roe v. Wade (1973), which extended the right of privacy to a woman's decision to have an abortion while recognizing compelling state interests in potential life and maternal health