Civil Liberties

Goals of the presentation:

• Define civil liberty• Explain how this issue is relevant today • Discuss conflicts (Rights in conflicts, cultural

conflicts) to display relevance

Civil Liberties…a definition:

• The protections the Constitution provides against the abuse of government power

• For example, the First Amendment of the Bill of Rights guarantees citizens the right to practice whatever religion they please. Government, then, cannot interfere in an individual's freedom of worship– Basically, Liberty from government intrusion

Rights in Conflict

Westboro Baptist Church

Speech vs maintaining safe school environment

Selective Incorporation

• Definition?• 14th Amendment: no state shall deprive any

person of life, liberty, or property without due process of law and that no state shall deny to any person within its jurisdiction the equal protection of the laws– But Bill of Rights will not be applied until the

courts get involved… even then it was one piece at a time.

Selective Incorporation: The Biggies

• Gitlow v. New York – Supreme Court found that Gitlow was guilty of his

crimes – the court also found that the states were not

allowed to deny their residents speech and press rights because they are “fundamental personal rights”

• Palko v. Connecticut– Held up conviction, but certain rights should be

applied to the states because they “represented the very essence of a scheme of ordered liberty”

Freedom of expression… in the proper location only?

Freedom of Expression:Tests used by the courts

• Clear and present danger test (the question of sedition)– Schenk v. US, 1919– Speech can be suppressed only if there is an

imminent threat to society – Ex: falsely shouting “Fire!” in a crowded theater

Freedom of Expression:Tests used by the courts

• Preferred position– Free speech is of utmost importance and should

therefore occupy a “preferred position” above other values government should almost never restrict it

Freedom of Expression:Tests used by the courts

• Prior Restraint– Blocking speech before it is given– Such action is presumed by courts to be

unconstitutional– EX: Pentagon Papers case

Church and stateCongress shall make no law respecting

an establishment of religion, or prohibiting the free exercise thereof

Church and State

• Free exercise clause- no state interference– Law may not impose special burdens on religion– But no religious exemptions from laws binding all

other citizens

Free exercise clause in practice

– Polygamy (Reynolds v. US)– Not vaccinating children before they enter school

– Christian Scientists– Refusal to pay Social Security taxes - Amish

• Religious practices that have been permitted– Not saluting the flag in public school – Jehovah’s

Witnesses– Not attending school after 8th grade (Amish)

Establishment Clause

• government may NOT establish an official religion– Congress at the time: simply “no national religion” – Jefferson’s view: “wall of separation”-letter to the

Danbury Baptist Association in 1801– Ambiguous phrasing of First Amendment requires

Court interpretation

Establishment Clause in practice

• Three-part test for constitutional aid (Lemon)– Secular purpose– Primary effect neither advances nor inhibits

religion– No excessive government entanglement with

religion• No Prayer in public schools (Engel v. Vitale)• No Ten Commandments at Kentucky ct building, but

okay outside the Texas state capital.