1. Civil Liberties
Sticking it to the Man

2. Civil Liberties
PERSONAL rights and freedoms that can not be abridged either by law, constitution, or judicial interpretation.
14th Amendment: Due Process Clause
“Unalienable Rights”

3. Birth of the Bill of Rights
It was apparent that without an article directly speaking to the Bill of Rights the Constitution would not be ratified.
Federalists vs. Anti-Federalists
Federalist 84- Bill of Rights “Unnecessary and Dangerous”
Anti-Federalists win and Bill of Rights 1791

4. Dual Citizenship
Bill of Rights was designed to limit the powers of the National Government.
Barron vs. Baltimore 1833(Supreme Court Supported the Idea)
Courts ruled that the Bill of Rights only applied to the national government and not the state.
“Each state established a constitution for itself”

5. Incorporation
14th Amendment not only defined citizenship but placed Restrictions on the State Government
“NO STATE SHALL…”

6. INCORPORATION
USING THE 14th AMENDMENT TO APPLY THE BILL OF RIGHTS TO THE STATES ON A CASE BY CASE BASIS
Tool used in incorporation is the 14th AMENDMENT
Privileges and Immunities Clause
Due Process Clause
Equal Protection Clause

7. Incorporation
The Supreme Court waited until 1925 to interpret the 14th Amendment to protect individuals from State Action
Gitlow vs. New York (1925)
Gitlow was Advocating a Forcible overthrow of the New York Government
Gitlow was arrested for his inflammatory remarks
The Court Case went to the Supreme Court and the Court ruled States no longer had the power to Abridge free speech due to the 14th Amendment

8. Near v. Minnesota (1931)
Near wrote and published an Anti-Semitic and Anti- Catholic newspaper
The State of Minnesota refused to let it be sold
INCOROPORATED FREEDOM OF PRESS
“Prior Restraint”

9. First Amendment Guarantees
Freedom of Religion
The Establishment Clause
Prohibits the government from establishing a national religion
Thomas Jefferson Called it “Wall of Separation”

10. Establishment Clause School Prayer Engel vs. Vitale (1962)
Struck down Non-Denominational Prayer
Abington School District vs. Schempp (1963)
Struck down Public School Prayer

11. Establishment Clause
How can the Courts tell what is religious in schools or what is secular?
Lemon vs. Kurtzman (1971)
Lemon Test
Have a Secular Purpose
Have a primary effect that neither advances or prohibits religion
Not foster excessive government entanglement with Religion

12. Free Exercise Clause
“Congress shall make no law… prohibiting the free exercise”
However this clause is also open to interpretation. Several Religious Practices have been ruled as unconstitutional including
Reynolds vs. United States (1879)
Polygamy is illegal and thus not covered under the Free Exercise Clause
Oregon vs. Smith (1990)
Banned illegal Drug use in Religious ceremonies. Free exercise clause does not cover illegal acts

13. Freedom of Speech World War 1 Chaplinsky vs. New Hampshire (1942)
Schenck vs. U.S. (1919)
“Clear and Present Danger”
Chaplinsky vs. New Hampshire (1942)
Fighting Words Doctrine
personally abusive epithets which, when addressed to the ordinary citizen, are, as a matter of common knowledge, inherently likely to provoke violent reactions."

14. Freedom of Press Prior Restraint- Censorship “I KNOW IT WHEN I SEE IT”
NYT vs. United States (1971)
“Pentagon Papers”
Prior Restraint is unconstitutional unless it presents a clear and present danger to our nation
Miller vs. California (1973)
Obscenity; expanded on Roth (1957) decision
Community Standards Test
Patently offensive sexual conduct lacking serious literary artistic, political, or Scientific value
Miller said they were local and Not national
“I KNOW IT WHEN I SEE IT”

15. Freedom of Assembly
De Jonge vs. Oregon - Incorporated freedom of Assembly
National Socialist Party of America vs. Skokie (1977)
Skokie Case- It is constitutional for the Nazis to march in a Jewish Neighborhood

16. 1st Amendment at School Tinker vs. Des Moines (1969)
“Students do not shed their constitutional rights when they enter the schoolhouse door." 
Tinker vs. Des Moines (1969)
Alright to wear a black armband to protest the Vietnam war
MORSE et al. v. FREDERICK (2007)
Upheld the suspension of the “Bong Hits 4 Jesus” culprit
Hazelwood vs. Kuhlmeier (1988)
Administration has
Prior Restraint

17. 2nd and 3rd Amendments Have not been incorporated
Selective incorporation allows for fundamental rights to be granted to all citizens. The right to bear arms or quarter soldiers are not fundamental rights

18. Rights of the Accused

19. 4th Amendment Unreasonable Search and Seizure
Mapp v. Ohio (1961)
Overturned Wolf v. Colorado (1949)
Incorporated the Exclusionary Rule
Anything obtained in an illegal search and seizure may not be used at a trial
Katz v. United States (1967)
Wiretapping without a warrant violates the 4th amendment
New Jersey vs. T.L.O (1985)
Establishes “Reasonable Suspicion” for high school students

20. 5th Amendment
Indictment by a grand jury, self incrimination, double jeopardy, and eminent domain
Miranda vs. Arizona (1966)
Miranda Rights
Kelo vs. City of New London (2005)
The government can take public property to give to private companies

21. 6th Amendment Right to a Speedy and public trial, Right to a lawyer
Gideon vs. Wainwright (1963)
Right to an attorney during the trial
Escobedo vs. Illinois (1964)
Right to have a lawyer present during police interrogation

22. 8th Amendment Cruel and Unusual Punishment Gregg v. Georgia (1976)
Death Penalty is NOT cruel and unusual punishment

23. Other Freedoms and Limitations
First Amendment
Freedom of Expression
Texas v. Johnson (1989)…Its constitutional to burn a U.S. Flag
Prohibitions on Speech/Press
Libel- Knowingly defaming a person’s character with malicious intent. (PRESS)
NY Times v. Sullivan (1964)
Slander- Knowingly defaming a person’s character with malicious intent. (Speech)

24. Right to Privacy?
Nowhere in the Constitution does it state you or I have the right to privacy.
However, the courts have used several amendments to “interpret” a right to privacy
Griswold vs. Connecticut (1965)
Law was passed in Connecticut banning the dissemination of information about the sale of Contraceptives
Courts ruled the law was Unconstitutional based on Amendments 1,3,4,9,and 14
Establishes the RIGHT TO PRIVACY

25. Roe v. Wade
Argued that the decision to carry a pregnancy to term was a Women’s fundamental right
In Roe v. Wade (1973), the court found it was a fundamental right of a woman to have an abortion.
Used right to privacy and primarily the 9th amendment to reach their conclusion
Ever since Conservative justices have been trying to overturn Roe vs. Wade

26. The Right to Die Cruzan v. Missouri Dept of Health (1990)
Living will is legitimate
Only if the patients family is able to provide “ Clear and convincing evidence” like a living will
9th Amendment