1. Principles of Civil Liberties and Civil Rights
Unit 6: Civil Liberty Rights
Principles of Civil Liberties and Civil Rights

2. Putting This Conversation In Context
In order to understand our rights and liberties we have to put them into historical context
The Civil Rights Movement is the best way to understand how our rights play out in the real world
You can’t understand the movement for civil rights if you don’t understand the 1950s
Crash Course in US Hist Civil Rights

3. I. Definitions of Civil Liberties and Rights
Civil liberties involve basic freedoms (e.g., speech and religion),
Civil Rights involve protections against discriminatory treatment from govt (e.g. 4th, 8th, etc)

4. II. Sources of protection of these rights
The constitution, e.g., no ex post facto laws or bills of attainder, habeas corpus
Bill of Rights
Legislation, e.g., Civil Rights Acts of 1964 and 1968, Voting Rights Act of 1965.
Court decisions, e.g., Brown v. Board and Roe v. Wade
State constitutions

5. III. Relative Nature of Our Rights
They are not absolute (never changes)- Our rights are “relative” to the circumstances
Courts balance btwn order and liberty
For example:
FIRE!!!!!

6. C. The14th Amendment & Incorporation

7. IV. Impact of federalism & 14th Amendment
Bill of Rights vs. State govts
Effects of the 14th Amendment
The due process clause of the 14th Amendment has been used to apply most of the provisions of the Bill of Rights
The “total incorporation” view
The “selective incorporation”
The important case here: Gitlow v. New York,

8. V. Subsequent cases nationalized parts of the Bill of Rights on a selective incorporation basis A visual on the next slide to help

9. Assembly
Petition
Religion
Search and seizure procedures
Self-Incrimination
Double jeopardy
Right to Counsel
Right to Bring witness
Right to confront witness
Protection against cruel and unusual punishment

11. VI. Which rights must states uphold (protect)?
The Palko Test (Palko v. Connecticut) Any right that is so important to liberty, that if that right is violated, then liberty would cease to exist ,  must be protected

12. All provisions of the Bill of Rights except Amendments 2, 3, 7, 10 and Grand Jury of 5th have been nationalized (incorporated selectively under the 14th Amendment)

13. VI. 9th Amendment
No complete listing of rights is possible  inclusion of the 9th amendment
Examples of “other” rights protected by 9th:
Privacy (Griswold v. Connecticut)
Homosexual conduct (Lawrence v. Texas 2003:
Freedom of Assoc Boy Scouts v. Dale 2000:

14. Lecture DQs
Discuss 2 sources of protections of civil liberties and rights
Discuss “incorporation” of the Bill of Rights