1. Civil Liberties

2. Civil Liberties
What’s the Difference between a Civil Liberty and a Civil Right?
Civil Liberties are guaranteed Freedoms
A Civil Right is an additional Protection
Who gives us our liberties?
Declaration of Independence

3. Civil Liberties and Constitution
Congress can’t due the following:
Bills of attainder
Ex post facto laws
Suspend writ of habeas corpus
Bill of Rights was added to appease concerns among anti-federalist

4. Civil Liberties and Constitution

5. Bill of Rights apply to the States?
Bill of Rights restrict federal government, but what about state?
Civil War Amendments: 13th, 14th, and 15th
Fourteenth and due process
Selective Incorporation
McDonald vs. Chicago: Guns
Near vs. Minnesota: Censorship

6. Bill of Rights apply to the States

7. Bill of Rights: Individual Freedoms
1st Amendment: Freedom of Religion, Speech, Assembly, Press, and Right to Petition the Government
Freedom of Religion
Establishment Clause
Lemon Test (Lemon vs. Kurtzman)
Legitimate Secular Purpose
Inhibit or Advancement
Excessive Entanglement

8. First Amendment: Establishment Clause
School Prayer
Religious symbols on public grounds
Blue Laws

9. First Amendment: Free Exercise Clause
Exceptions for illegal behavior?
Conscientious objectors (Gillette vs. United States)
Sherbert Test (Sherbert vs. Verner)
Peyote Case (Employment Division vs. Smith)
Religious Restoration Act
Hobby Lobby Case (Burwell vs. Hobby Lobby)

10. First Amendment: Expression
Speech, Press, Petition, and Assembly
Clear and Present Danger Test (Schenck vs. U.S)
Symbolic Speech: (Brandenburg vs. Ohio)
Prior Restraint
Pentagon Paper case

11. First Amendment: Expression
Libel and Slander
New York Times vs. Sullivan
Obscenity: Miller Test
Must lack scientific, literary, artistic, and political value
Rights extend to kids?
Tinker vs. Des Moines

12. Other Rights and Restrictions
Hate Speech Protected
R.A.V. vs. City of St. Paul
Snyder vs. Phelps
Fighting Words not Protected
Chaplinsky vs. New Hampshire
Imminent Lawless Actions Not Protected
Brandenburg vs. Ohio

13. Second Amendment The right to bear arms Incorporation
Individuals or Militias?
United States vs. Miller
Incorporation
D.C. vs. Heller
McDonald vs. Chicago

14. Third and Fourth Amendment
3rd: Protection from quartering soldiers and feed them during non-war time.
4th: Protection from unwarranted search and seizure
Search warrant
Probable cause

15. Bill of Rights: The Rights of Suspects
4th Amendment
Exclusionary Rule (Weeks vs. U.S.)
Good Faith Exception
Inevitable discovery

16. Fifth Amendment 5th Amendment: Establishes Due Process
Protection from Self-Incrimination
Miranda vs. Arizona
Double Jeopardy
Eminent Domain
Economic Liberty
Kelo vs. City of New London

17. Sixth and Seventh Amendment
6th Amendment: Speedy and public trial by impartial jury
Confront one’s witness
Right to an Attorney: Gideon vs. Wainwright
7th Amendment: Right to Civil Trial by Jury

18. Eight Amendment
8th Amendment: Protection against Cruel and Unusual Punishment
Excessive Fines or Bails
Timbs vs. Indiana
Death Penalty
Restrictions have been placed over time

19. Eighth Amendment

20. Bill of Rights: Individuals and States
9th Amendment: Not all Rights are stated
Has lead to expansion of rights
10th Amendment: Powers reserved to the States
Rights not granted to Federal Government can only be enforced by State
States can expand individual freedoms

21. The Right to Privacy
Interpreted from 2nd , 3rd , 4th , 5th , 9th , & 14th
Griswold vs. Connecticut
Contraception's
Roe vs. Wade
Abortion Rights
Undue Burden Test (Planned Parenthood vs. Casey)
Lawrence vs. Texas
Anti-Sodomy Laws

22. The Right to Privacy Privacy of Communication and Property
U.S. Patriot Act
Sneak and Peak
Carpenter vs U.S.
Phone records
Extension of using technology to search
Wire Tapping (Katz vs. U.S.)
GPS (U.S. vs. Jones)