1. Chapter Four: Civil Liberties 1

2. Learning Objectives Understand the meaning of civil liberties. Understand how the Bill of Rights came to be applied to state governments through the Fourteenth Amendment, and the time frame in which this happened. Identify the constitutional basis for freedom of religion, and distinguish the Establishment Clause from the Free Exercise Clause. 2

3. Learning Objectives Describe current law on the establishment of religion, especially as it pertains to the public schools (aid to church schools, prayer in schools, and evolution). Describe current law on the free exercise of religion. 3

4. Learning Objectives Describe current law on the freedom of expression. o Explain the principle of no prior restraint. o Define symbolic speech and commercial speech. o Explain historical tests that have been applied to freedom of speech, especially the doctrines of “clear and present danger” and the “incitement test”. o Explain the current Supreme Court definition of obscenity. o Define slander and libel. o Explain limits on speech on campus. 4

5. Learning Objectives Describe current law on freedom of the press. Describe current law on the right to assemble and petition the government. Explain the development of the “right to privacy.” o Give the current state of the law on abortion. o Explain the current debate concerning the issue of the right to die. o Examine the conflict between privacy rights and security issues. 5

6. Learning Objectives Identify the civil liberties pertaining to criminal rights, including limitations on police conduct, defendant’s pretrial rights and defendant’s trial rights. Explain the Miranda rule and the exclusionary rule. Explain the limitations the Supreme Court has imposed upon the use of the death penalty. 6

7. The Bill of Rights Broad guidelines to protect our civil liberties from governmental interference. Originally the Bill of Rights pertained only to the national government. With the passage of the 14 th Amendment, the Bill of Rights applies to state governments. 7

8. The Bill of Rights 8

9. Freedom of Religion Establishment Clause: prohibits the national government from favoring a certain religion over another. Free Exercise Clause: constrains the national government from prohibiting individuals from practicing religion. 9

10. Freedom of Religion Establishment Clause  Aid to Church-Related Schools  School Vouchers  School Prayer  The Ten Commandments  Forbidding the Teaching of Evolution  Religious Speech 10

11. Freedom of Religion Free Exercise Clause  The Religious Freedom Restoration Act  Free Exercise in Public Schools 11

12. Freedom of Expression No Prior Restraint Protection of Symbolic Speech Protection of Commercial Speech 12

13. Freedom of Expression Permitted Restrictions on Expression  Clear and Present Danger  Obscenity  Child Pornography  Slander  Campus Speech—Student Activity Fees, Behavior Codes 13

14. Freedom of the Press Libel—defamation in writing Gag orders on the press at trials 14

15. The Right to Assemble and to Petition the Government The Supreme Court has held that state and local governments cannot bar individuals from assembling: Street gangs Online assembly 15

16. More Liberties Under Scrutiny: Matters of Privacy There is no explicit Constitutional right to privacy, but rather the right to privacy is an interpretation by the Supreme Court. 16

17. More Liberties Under Scrutiny: Matters of Privacy Protection of personal information Abortion  Roe v. Wade  Partial birth abortion The “Right to Die”  Living Wills  Physician Assisted Suicide Security Issues: USA Patriot Act 17

18. The Great Balancing Act: The Rights of the Accused versus the Rights of Society Extending the Rights of the Accused  Miranda v. Arizona (1966)  Exceptions to the Miranda Rule  Exclusionary Rule  Death Penalty as cruel and unusual punishment 18

19. The Great Balancing Act: The Rights of the Accused versus the Rights of Society 19

20. The Death Penalty 20

21. Web Links American Civil Liberties Union (ACLU) Nation’s leading civil liberties organization provides an extensive array of information and links concerning civil rights issues: www.aclu.org. www.aclu.org Liberty Counsel Nonprofit litigation, education, and policy organization dedicated to advancing religious freedom, the sanctity of human life and the family: www.lc.org.www.lc.org 21

22. What If…Roe v. Wade Were Overturned? The Supreme Court declared that a woman’s constitutionally protected right to privacy includes the right to have an abortion. If this decision were overturned, the power to ban or legalize abortion would return to the states. It appears unlikely that the decision will be overturned with President Obama’s two recent Supreme Court appointments. 22