1. Civil Liberties

2. What are civil liberties? Definition: individual protections against the government

3. Civil Liberties Where are these rights identified? Definition: individual protections against the government Primarily contained in the Bill of Rights

4. Civil Liberties What is governments role with regard to these rights? Definition: individual protections against the government Primarily contained in the Bill of Rights Government’s role is protecting rights, not granting them Involves a balancing of conflicting rights

5. Civil Liberties Balancing Conflicting Rights Free speech v. protecting reputation Freedom of the press v. fair trial

6. Civil Liberties Does the Bill of Rights apply to states? First Amendment Incorporation Doctrine

7. Civil Liberties

8. Does the Bill of Rights apply to states? First Amendment Barron v. Baltimore (1833) Fourteenth Amendment Incorporation Doctrine

9. Civil Liberties

10. Does the Bill of Rights apply to states? First Amendment Barron v. Baltimore (1833) Fourteenth Amendment Gitlow v. New York (1925) Selective incorporation Incorporation Doctrine

11. Civil Liberties

12. Religion

13. Civil Liberties Where do the words “freedom of religion” appear in the Constitution? Religion

14. Civil Liberties Where do the words “separation of church and state” appear in the Constitution? Religion

15. Civil Liberties What words DO appear in the Constitution? Religion

16. Civil Liberties Congress shall make no law respecting an establishment of religion... Religion

17. Civil Liberties Establishment Clause... or prohibiting the free exercise thereof Religion

18. Civil Liberties Establishment Clause Free Exercise Clause Religion

19. Civil Liberties Establishment Clause Religion What would the Establishment Clause appear to say?

20. Civil Liberties

21. Establishment Clause Religion No official religion of the U.S. No favoritism toward one religion in the U.S. Jefferson: “a wall of separation between church and state”

22. Civil Liberties Establishment Clause Religion Gov’t Aid to Church-related Schools Lemon v. Kurtzman  Aid must have a secular purpose  Aid does not advance or inhibit religion  No excessive gov’t entanglement

23. Civil Liberties Establishment Clause Religion Gov’t Aid to Church-related Schools Books, computers Transportation

24. Civil Liberties Establishment Clause Religion Religious Activity in Public Schools Prayer (Engle v. Vitale)  Staff lead Graduation Athletic events Moment of silence

25. Civil Liberties Establishment Clause Religion Religious Activity in Public Schools Curriculum  Prohibiting evolution  Adding creationism / intellegent design  Release Time

26. Civil Liberties Establishment Clause Religion Religious Activity in Public Schools Use of facilities  Equal Access Act of 1984

27. Civil Liberties Establishment Clause Religion Religious Activity in Public Places 10 Commandments

28. Civil Liberties Establishment Clause Religion Religious Activity in Public Places 10 Commandments Holiday displays

29. Civil Liberties Free Exercise Clause Religion Belief v. Practice

30. Civil Liberties Free Exercise Clause Religion Religious Practices that Forbid “Necessary” Activities Medical care Military service

31. Civil Liberties Free Exercise Clause Religion Religious Practices that Forbid “Necessary” Activities Medical care Military service Attending public schools Flag salute

32. Civil Liberties Free Exercise Clause Religion Religious Practices that Allow “Unacceptable” Activities Polygamy Drug use