1. Chapter Six Civil Liberties
American Government and Politics: Deliberation, Democracy, and Citizenship

2. Chapter Six: Learning Objectives
Describe the kinds of rights secured in the Constitution of 1787, the Bill of Rights, the Civil War amendments, and subsequent amendments
Describe the process and rationale by which the federal Bill of Rights became applicable to state and local governments

3. Chapter Six: Learning Objectives
Distinguish between protected and unprotected speech under the First Amendment, and indicate how the Supreme Court has ruled on government restrictions of political speech

4. Chapter Six: Learning Objectives
Describe ways in which American government recognizes God or religion, and give examples of how the Court has limited such acts
Explain how the Court has reacted to government regulation of morality and sexual behavior

5. Chapter Six: Learning Objectives
Summarize the key constitutional rights of criminal defendants in the United States
Describe in some detail how the government has restricted civil liberties in wartime, and explain how the Court has addressed such restrictions

6. Chapter Six: Learning Objectives
Explain how the history of civil liberties in the United States demonstrates that constitutional rights are not absolute
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7. Civil Rights versus Civil Liberties
What are the differences between civil rights and civil liberties?
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8. Americans’ Constitutional Rights
What are some of the rights guaranteed to citizens by the Constitution? “Rights Protected by the Constitution” on pages provides a detailed list of the rights of citizens.

9. International Perspectives
Other declarations of rights include
Magna Carta
English Bill of Rights
Declaration of the Rights of Man and of the Citizen (France)
Universal Declaration of Human Rights
(United Nations)

10. The Nationalization of the Bill of Rights
Does the Bill of Rights limit the states?
Barron v. Baltimore (1833)
14th Amendment and the incorporation doctrine
Palko v. Connecticut (1937)
Selective incorporation

11. Religious Freedom
What is meant by the idea that the First Amendment created a “wall of separation” between church and state? Are there any circumstances where government may regulate behavior that individuals claim is justified by their religious beliefs?

12. Religious Freedom: Two Stipulations
Two stipulations to First Amendment religious freedom:
Establishment clause
Free exercise clause

13. Religious Freedom: Two Stipulations
The establishment clause in the First Amendment states that Congress may not establish a national religion. The free exercise clause in the First Amendment states that Congress may not prohibit Americans from practicing their religion.

14. Religious Freedom: Establishment Clause
Jefferson stated that there was a “wall of separation between church and state.” Do you believe that there have been some inconsistencies with that interpretation of the establishment clause in the First Amendment and actions of the government?

15. Religious Freedom: Establishment Clause
Source: (Left) Copyright © 2009 by American Atheists. Reprinted with permission. (Right) “’Freedom
Rally’ to Dispel Separation Myth” by Allie Martin, April 17, 2006,
archive/4/172006c.asp. Copyright © 2008 Agape Press—ALL RIGHTS RESERVED. Reprinted with permission.

16. Religious Freedom: Establishment Clause
How high is the “wall of separation”?
Engel v. Vitale (1962)
Abington School District v. Schempp (1963)
Lemon v. Kurtzman (1971)
Lee v. Weisman (1992)
Santa Fe Independent School District v. Doe (2000)

17. Religious Freedom: Establishment Clause
Is the wall of separation impermeable?
Not necessarily as some religious organizations have been granted the same privileges as non- religious organizations at public schools and universities.
As Stephen Carter stated, the establishment clause “is designed to limit what the state can do, not what the church can do.”

18. Religious Freedom: Free Exercise
What happens when the free exercise of religion violates other laws?
Reynolds v. U.S. (1879)
Employment Division v. Smith (1990)

19. Freedom of Speech and Press
Do you believe that there are ever any circumstances under which the government should have the power to regulate speech?
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20. Freedom of Speech and Press: Protected and Unprotected Speech
There was disagreement amongst the founders in their interpretation of the First Amendment and what would be considered protected speech. Some believed that government could not exercise prior restraint and prevent publication of speech, rather punishment could only occur after publication.

21. Freedom of Speech and Press: Protected and Unprotected Speech
What is considered unprotected speech?
Speech that is libelous, obscene, and has a potential to incite violence is not protected
Schenck v. United States (1919)
Chaplinsky v. New Hampshire (1942)

22. Freedom of Speech and Press: Protected and Unprotected Speech
Regulating political speech in peacetime
Gitlow v. New York (1925)
Near v. Minnesota (1931)
Dennis v. United States (1951)
Yates v. United States (1957)
Brandenburg v. Ohio (1969)

23. Freedom of Speech and Press: Symbolic Speech and Expressive Conduct
Sometimes people express themselves non-verbally. Do you believe those actions of symbolic speech should be protected by the First Amendment?
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24. Freedom of Speech and Press: Symbolic Speech and Expressive Conduct
Symbolic speech and the Supreme Court
United States v. O’Brien (1968)
Tinker v. Des Moines School District (1969)
Texas v. Johnson (1989)
Virginia v. Black (2003)

25. Freedom of Speech and Press: Libel and Slander
What is the difference between libel and slander? How has the Supreme Court’s decision in New York Times v. Sullivan (1964) affected how libel and slander laws are applied to public officials?

26. Morality and Sexual Behavior
Should the government have a role in regulating morality or sexuality? Why or why not? How has the government regulated moral or sexual behavior throughout history?

27. Morality and Sexual Behavior: Abortion and Privacy Rights
Supreme Court decisions have dealt with abortion and privacy rights
Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Webster v. Reproductive Health Services (1989)
Planned Parenthood v. Casey (1992)
Gonzales v. Carhart (2007)

28. Morality and Sexual Behavior: Homosexuality
How has the Supreme Court regulated homosexuality?
Bowers v. Hardwick (1986)
Romer v. Evans (1996)
Lawrence v. Texas (2003)

29. Morality and Sexual Behavior: Pornography, Obscenity and Censorship
Obscene materials are not protected by the First Amendment, but prior to the 1950s much of the regulation was left up to local governments. Why do you believe the federal government left most of the regulation of obscenity to local governments?

30. Morality and Sexual Behavior: Pornography, Obscenity and Censorship
Supreme Court decisions on obscenity
Roth v. United States (1957)
Miller v. California (1973)
New York v. Ferber (1982)

31. Rights of Criminal Defendants
How has the Constitution protected the rights of those accused or convicted of crimes? How has the Supreme Court interpreted the constitutional protections of those accused or convicted of crimes?

32. Rights of Criminal Defendants
Constitutional protections of those accused or convicted of crimes
Habeas corpus
No bills of attainder
No ex post facto laws
Trial by jury in criminal cases
Convictions for treason

33. Rights of Criminal Defendants
Constitutional protections of those accused or convicted of crimes
Fourth Amendment
Fifth Amendment
Sixth Amendment
Eighth Amendment

34. Rights of Criminal Defendants
Two reasons why attention was paid to the rights of criminal defendants:
Belief in due process of law
Identifying rights of criminals would be necessary to prevent tyranny or unjust acts

35. Rights of Criminal Defendants: Search and Seizure
The Fourth Amendment protects against unreasonable search and seizure and requires warrants to be based on probable cause. The Supreme Court’s decision in Mapp v. Ohio (1961) created the exclusionary rule.

36. Rights of Criminal Defendants: Self-Incrimination and Miranda Warnings
The Fifth Amendment protects individuals from self-incrimination. The Supreme Court’s decision in Miranda v. Arizona (1966) created the Miranda warnings.

37. Rights of Criminal Defendants: Right to Counsel
The Sixth Amendment states that accused criminals have a right to counsel. In Gideon v. Wainwright (1963), the Supreme Court ruled that in all felony cases criminals that cannot afford an attorney will be granted legal counsel by the state.

38. Rights of Criminal Defendants: Cruel and Unusual Punishment
The Eight Amendment states that “cruel and unusual punishment” may not be inflicted upon criminals. The Supreme Court has made numerous decisions related to this issue (see page 189).

39. Civil Liberties in Wartime
How has the government restricted civil liberties during times of war? What was the Supreme Court’s response to such limitations?

40. Civil Liberties in Wartime: Alien and Sedition Acts
Sedition Act of 1798
Illegal to be critical of government in ways that would undermine support and respect
Virginia Resolutions and Kentucky Resolutions criticized this legislation

41. Civil Liberties in Wartime: Martial Law and General Andrew Jackson
Martial law was declared at the end of the War of General Andrew Jackson’s decision was challenged by a writer and a judge who later fined Jackson after martial law was revoked.

42. Civil Liberties in Wartime: The Civil War
Controversies over civil liberties
Does Congress or the president have the power to suspend habeas corpus?
Ex parte Merryman
Ex parte Vallandigham
Ex parte Milligan

43. Civil Liberties in Wartime: World War I
How were civil liberties restricted?
Espionage Act of 1917 and Sedition Act of 1918
Schenck v. United States (1919)
Debs v. United States (1919)
Abrams v. United States (1919)

44. Civil Liberties in Wartime: World War II
Japanese internment was a major civil liberties controversy during this era.
The Supreme Court intervened
Ex parte Quirin (1942)
Hirabayashi v. United States (1943)
Korematsu v. United States (1944)

45. Civil Liberties in Wartime: The Vietnam War and Freedom of Press
The freedom of the press to report war information was of great controversy. In New York Times v. United States (1971), the Supreme Court declared that the government has a “heavy burden” to justify prior restraint.

46. Civil Liberties in Wartime: War on Terrorism
The September 11 attacks brought the debate over civil liberties during wartime back to the political agenda.
The USA Patriot Act (2001, 2006)
Hamdi v. Rumsfeld (2004)
Hamdan v. Rumsfeld (2006)
Boumediene v. Bush (2008)

47. Civil Liberties and Deliberative Democracy
All three branches of government have been involved in the debates over the expansion of personal liberties for Americans. The federal judiciary has had an important role in the deliberation about civil liberties Americans enjoy.

48. Deliberation, Citizenship, and You
Civil liberties during extreme emergencies
Should we limit civil liberties during times of national emergencies such as terrorist attacks? Why or why not?
How should the three branches of government work together to come to such a decision?

49. Summary
There is a difference between civil liberties and civil rights
The Bill of Rights did not have a significant impact on government and politics until the 20th century

50. Summary
Government may not advance nor inhibit religion
Government may place some restrictions on speech
The Supreme Court has protected the rights of accused criminals

51. Summary
During times of war, there is a delicate balance between national security and protecting civil liberties
The rights of citizens are not absolute