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

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

4. 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. Balancing Conflicting Rights
Rights of the accused v. law and order
Free speech v. protecting reputation
Freedom of the press v. fair trial

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

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

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

12. Religion

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

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

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

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

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

18. Religion
Establishment Clause
Free Exercise Clause

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

21. Religion Establishment Clause 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. Gov’t Aid to Church-related Schools
Religion
Establishment Clause
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. Gov’t Aid to Church-related Schools
Religion
Establishment Clause
Gov’t Aid to Church-related Schools
Buildings for colleges

24. Gov’t Aid to Church-related Schools
Religion
Establishment Clause
Gov’t Aid to Church-related Schools
Books, computers, transportation

25. Gov’t Aid to Church-related Schools
Religion
Establishment Clause
Gov’t Aid to Church-related Schools
Vouchers?

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

27. Religious Activity in Public Schools
Religion
Establishment Clause
Religious Activity in Public Schools
Curriculum
Prohibiting evolution
Adding creationism / intellegent design
Release Time

28. Religious Activity in Public Schools
Religion
Establishment Clause
Religious Activity in Public Schools
Use of facilities
Equal Access Act of 1984

29. Religious Activity in Public Places
Religion
Establishment Clause
Religious Activity in Public Places
10 Commandments

30. Religious Activity in Public Places
Religion
Establishment Clause
Religious Activity in Public Places
10 Commandments
Holiday displays

31. Religion
Free Exercise Clause
Belief v. Practice

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

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

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

35. Religion Free Exercise Clause Employment Division v. Smith:
Discarded “compelling interest” standard
State laws interfering with religious practices but not specifically aimed at religion are constitutional

36. Speech / Expression

37. Speech / Expression Prior Restraint:
Government cannot prevent publication
Near v. Minnesota
New York Times v. United States

38. Speech / Expression Prior Restraint: Exceptions:
High school newspapers
National security
CIA

39. Speech / Expression Public order: Schenk v. U.S.
Sedition in the abstract v. immediately inciting violence
Public v. private property

40. Speech / Expression Fair trials:
SCOTUS had never upheld a restriction on reporting
Sources are not protected
Shield laws
Sequestering juries

41. Speech / Expression Obscenity: “I know it when I see it”
Child pornography
Violence

42. Speech / Expression Libel and slander: Public figures Exceptions:
Consent
True

43. Speech / Expression Symbolic speech: Schools Texas v. Johnson
Draft cards
Cross burning

44. Speech / Expression Commercial speech: False claims
Trend towards fewer restrictions

45. Speech / Expression Public airwaves: As compared to printed media
Obscenity
Trend towards fewer restrictions

46. Assembly
Group speech
Versus public order
Nazis, KKK
Abortion