Civil liberties- specific individual rights protected by the constitution

The US now has a huge national government, enormous

corporations, pervasive mass media, urban crowding, terrorism and
spying technology.= potential threat to personal liberty. The judiciary
expanded rights

Personal liberty vs. competing rights and societys collective interest

Civil Rights- equality
The Bill of Rights

1st amendment- freedom to speech assembly and religion

2nd amendment- rights to bear arms

4th amendment- Protection against unreasonable search and seizure

5th amendment- protection from double jeopardy+ self incrimination

6th amendment- rights to a jury trial, attorney+ to confront witness

8th protection form cruel and unusual punishment

Barron v. Baltimore- BOR doesnt apply to state governments.

Selective Incorporation of Free Expression Rights

After the Civil war, southern states enacted laws denying former
slaves rights that whites held ex: rights to own property+ travel freely

Congress responded by proposing a constitutional amendment

designated to protect former slaves. Only Tennessee ratified

The Reconstruction act- places states under military rule until they
ratify the amendment and adopt state constitution that conformed
the US constitution.

14th amendment- due process clause no states should deprice any

person of life, liberty, or property ithout due process of law.

Invoke

Selective incorporation~112

Freedom of Expression
The Uncertain Status of the Rights of Free Expression

Sedition Act of 1798- criminalized to print harshly critical news stories

about the president or other national officials

Court didnt rule on the issue.

During the civil war era, the government substantially restricted free
expression.

Congress even passed legislation barring the court form hearing

appeals of free expression cases. The Court accepted the limitation.

Schenck v. US- congress can restrict speech that was of such a nature as
to create a clear and present danger to national security

The clear and present danger test- government has to clearly

demonstrate that spoken or written expression presents a clear and
present danger before it can prohibit the expression.
The Modern Period- Protecting Free Expression

Since the WWI, Americans rights of free xpression have been defined
largely in the context of national security concerms
Free Speech

1951- the court upheld the conviction of US Communist Party members

who were convicted under a federal law that made it illegal to advocate

the forceful overthrow of the US government

Late 1950s- National security must be endangered before government can

lawfully prohibit citizens from speaking out.

During this period( Iraq&Vietnam War) people can criticize war

policies, though some dissenters are convicted for inciting a riot

1969- Brandenburg v. Ohio- state cant prohibit free speech unless it

passes the Immense directed at inciting or producing imminent lawless
action, and it must be likely to produce such action

1992- hate speech unlikely cause hate crime

2011 Snyder v, Phelps- Fred Phelps and some West-boro Baptist

Church jackasses farted at mericas tolerance of homosexuals at a US
Marines Funeral. Snyders father sued WBC for emotional distress
and was awarded 5 million in a federal jury trial. The Supreme court
decided that the protest though harmful was protected by the 1 st
amendment

Symbolic Speech is generally protected, burning a flag doesnt post

imminent danger
Free Assebly

SC upheld a ruling against a parade by the American Nazi Party, as there

is a possibility that there would be undesirable consequences

Freedom of speech and assembly may not conflict with the routines of
daily life
Press Freedom and Prior Restraint

Prior Restraint- government prohibition of speech or publication before it

occures

The New York Times v. United States- any system of prior restraint on the
press is unconstitutional unless the government can clearly justify the
restriction

Exception- war time reporting that can compromise a military operation

or endanger the lives of America troops
Libel and Slander

False information harmful to a person is published or apoken, the injured

party can sue for damages

New York Times Co v. Sullivan- libel of public official requires proof of

actual malice(defined as a knowing or reckless disregard for the truth

Very difficult to proof, no fed official won a libel judgment since then,
Obscenity

No protected by the first amendment, can be legally prohibited

Difficult to design a test

Miller v. California

Depict sexual conduct in a patently offensice way

Precisely described in the law to be obscene

Appeal to prurient interest and have no redeeming social value

What adults read and watch in their homes cannot be made a crime

Except for child pornography, which encourages producers

2003 offering and soliciting child pornography is excluded from le 1st

Freedom of Religion

Congress can not create a religion or prohibit the free exercise of religion.

The Establishment Clause

Government may not favor religion or favor one religion

Court prohibited religious teaching and obsercances in public schools

Engle v. Vitale- prohibits the reciting of prayers

No bible reading

SC declared Alabama law allowing schools to set aside 1 min each day for
silent prayer unconstitutional. gov must be neutral towards religion.

Banned religious display on public property when the purpose is overtly

religious and lacks historical context

Wall of separation doctrine- strict separation of church and state

Accommodation doctrine- aid religious activities without preference

The Lemon Test- Government action must me:

Have a secular legislative purpose

Principal or primary elect must not advance or inhibit religion

Not foster government entanglement with religion

The Free- Exercise Clause

Americans are free to hold any religion of choice

SC allowed government interference when the exercise of relgion conflict

with otherwise
The rights to bear arms

District of Columbia v. Heller- the second amendment protects individual

unconnected to the militia rights to bear arms for purposes such as self
defense

Selective incorporation- the district of Columbia is federal territory

McDonald v. Chicago- the rights to bear arms is protected from

infringement from state and local officials

Neither of the cases rule out all gun restrictions. However, there is no
explicit list of set of allowable restrictions.
The rights to privacy

Ninth amendment-the enumeration in the constitution of certain rights

shall not be construed to deny or disparage others retained by the people.

Supreme court added a right of privacy

Griddswold v. Conneticut- challenged a state law that prohibit the use of

condoms and other birth control devices. SC: the state had no business
interdering with a married couples decision regarding contraception

Rights to privacy- individuals have the right of privacy which the

government can not invade.
Abortion

Roe v. Wade- gave women full freedom to choose abortion in the first
three monthes of pregnancy

Abortion restrictions are constitutional as long as they dont put undue

burden on women

Gonzales v. Carhart- prison term and fine for physicians who perform an
abortion during the birth process even if the mothers life or health is
endangered

Stenberg v. Carhart- invalidated a nearly identical nabranca law