CIVIL LIBERTIESCIVIL LIBERTIESUnit 5Unit 5

Bill of RightsBill of Rights

Chapter 19Chapter 19

Civil Rights vs. Civil LibertiesCivil Rights vs. Civil Liberties

Civil Rights: 14Civil Rights: 14thth amendment amendment • Only for government Only for government

recognized groups.recognized groups.• Positive Acts of GovPositive Acts of Gov’’t to t to

even the playing field.even the playing field.• Gender, Sexuality, Gender, Sexuality,

Race, National Origin, Race, National Origin, Age, Disability, Age, Disability, Educational Level, Educational Level, Economic StatusEconomic Status

Civil Liberties: Bill of Civil Liberties: Bill of RightsRights• Applies to all U.S. Applies to all U.S.

CitizensCitizens• Delegated, expressed, Delegated, expressed,

limits on the federal limits on the federal governmentgovernment

• Denied Powers of Gov’tDenied Powers of Gov’t• Enumerated Powers of Enumerated Powers of

Gov’tGov’t

Civil Rights vs. Civil LibertiesCivil Rights vs. Civil Liberties

Limited GovernmentLimited Government

1789: Constitutional Convention: 1789: Constitutional Convention: Alexander Hamilton, James Madison Alexander Hamilton, James Madison

and the Federalistsand the Federalists Thomas Jefferson, Benjamin Franklin, Thomas Jefferson, Benjamin Franklin,

Anti-FederalistsAnti-Federalists• Compromise with the Bill of Rights to Compromise with the Bill of Rights to

Limit the power of the federal Limit the power of the federal government.government.

Rights are Relative not Rights are Relative not AbsoluteAbsolute

Right to do: unless infringement upon Right to do: unless infringement upon others right to life, liberty, and propertyothers right to life, liberty, and property

1414thth amendment: amendment: Right to abortionRight to abortion Right to Free Attorney at taxpayer expenseRight to Free Attorney at taxpayer expense Right to be read rights regardless of Right to be read rights regardless of

confessionconfession Right to be free from religion in the publicRight to be free from religion in the public Right to tax intrastate commerceRight to tax intrastate commerce Right to etc…Right to etc…

Federalism vs. Individual Federalism vs. Individual RightsRights

55thth amendment due amendment due process of law: process of law: LifeLife LibertyLiberty PropertyProperty

Denies federal and Denies federal and state government state government interferenceinterference

1414thth amendment amendment due process of law: due process of law: No state shallNo state shall U.S. CitizenshipU.S. Citizenship

Process of Process of Incorporation?Incorporation?

55thth Amendment vs. 14 Amendment vs. 14thth AmendmentAmendment

Process of IncorporationProcess of Incorporation

1.1. Gitlow v. New YorkGitlow v. New York (1925) (1925)1.1. Communist/Socialist Party of AmericaCommunist/Socialist Party of America

2.2. Convicted in State Court: New York; treason Convicted in State Court: New York; treason and in violation of1902 Criminal Anarchy and in violation of1902 Criminal Anarchy LawLaw

3.3. Federal Espionage & Sedition Act of Federal Espionage & Sedition Act of 1917/18.1917/18.

Communism = DeathCommunism = Death

Process of IncorporationProcess of Incorporation

2. 2. Engle v. Vitale (1962)Engle v. Vitale (1962)

School Prayer and School Prayer and recitation of Regentrecitation of Regent’’s s Prayer bannedPrayer banned

3. 3. Abington School Dist Abington School Dist vs. Schempp (1963) vs. Schempp (1963) banned Lordbanned Lord’’s Prayers Prayer

Anti-Incorporation Anti-Incorporation RulingsRulings: :

1.1. Stone v. Graham (1980) Stone v. Graham (1980) post the 10 post the 10 commandmentscommandments

2.2. Wallace v. Jaffree Wallace v. Jaffree (1985) Moment of (1985) Moment of SilenceSilence

3.3. Santa Fe School vs. Santa Fe School vs. Doe (2000Doe (2000) prayer at ) prayer at football gamesfootball games

1787-1962 Prayer in school?1787-1962 Prayer in school?

Religious CompromisesReligious Compromises

Equal Access Act of 1984Equal Access Act of 1984: If any group has access to : If any group has access to school facilities than all groups have access.school facilities than all groups have access.The Lemon Test: The Lemon Test: Lemon v. Kurtzman (1971) Lemon v. Kurtzman (1971) 1. 1. purpose must be secular 2. not to enhance nor inhibit purpose must be secular 2. not to enhance nor inhibit religion 3. avoid excessive entanglementreligion 3. avoid excessive entanglementEpperson v. ArkansasEpperson v. Arkansas (1968) State cannot ban (1968) State cannot ban evolutionevolutionEdwards v. Aguillard (1987)Edwards v. Aguillard (1987) if evolution is taught if evolution is taught creationism must be offered as a theory as wellcreationism must be offered as a theory as wellZorach v. Clauson (1952) Zorach v. Clauson (1952) students allowed to leave students allowed to leave school for religious purposesschool for religious purposes

Evolution in schools?Evolution in schools?

Process of IncorporationProcess of Incorporation

1.1. Lynch v. Donnelly 1984Lynch v. Donnelly 1984 ‘‘baby Jesus is baby Jesus is allowed on public property as long as allowed on public property as long as Santa and Rudolph are includedSanta and Rudolph are included’’

2.2. Allegheny v. ACLU 1989Allegheny v. ACLU 1989 baby Jesus is baby Jesus is illegal on public propertyillegal on public property

Lemon v. Kurtzman 1971Lemon v. Kurtzman 1971

3 part Lemon Test: 3 part Lemon Test:

1.1. May not inhibit nor prohibit religionMay not inhibit nor prohibit religion

2.2. May not excessively entangle with May not excessively entangle with religionreligion

3.3. Aid, must be secular Aid, must be secular

Incorporation of Free ExerciseIncorporation of Free Exercise

1414thth Amendment Cases Amendment Cases

1.1. Prince v. Mass (1944) Prince v. Mass (1944) Religion not an excuse Religion not an excuse to avoid draftto avoid draft

2.2. Oregon v. Smith (1990) Oregon v. Smith (1990) no peyote and state no peyote and state drug lawsdrug laws

Bill of Rights CasesBill of Rights Cases

1.1. Watchtower v. Stratton Watchtower v. Stratton (2002) no license to (2002) no license to solicitsolicit

2.2. Wisconsin v Yoder Wisconsin v Yoder (1972) 8(1972) 8thth grade grade education maxeducation max

3.3. West Virginia v Barnette West Virginia v Barnette (1943) no mandatory (1943) no mandatory flag-saluteflag-salute

No Mandatory Pledge & Right to Solicit No Mandatory Pledge & Right to Solicit

Incorporation of SpeechIncorporation of Speech

1414thth amendment amendment

1.1. Obscenity:Obscenity:

2.2. Prior Restraint: Prior Restraint: 1.1. Pentagon Papers; Pentagon Papers;

New York Times v. New York Times v. U.S. 1971U.S. 1971

3.3. Hazelwood v. Hazelwood v. Kuhlmeier 1988 Kuhlmeier 1988 student speechstudent speech

Bill of Rights Bill of Rights LimitationsLimitations

1.1. Libel: Libel:

2.2. Slander: Slander:

3.3. Sedition: Sedition:

4.4. Schenck v. U.S. Schenck v. U.S. 19191919

5.5. Smith Act 1940Smith Act 1940

6.6. Dennis v U.S. 1951Dennis v U.S. 1951

Obscenity & Culture NormsObscenity & Culture Norms

Incorporation of SpeechIncorporation of Speech

1414thth amendment amendment

1.1. FCC regulationsFCC regulations

2.2. Shield Laws:Shield Laws:

3.3. Picketing: Picketing:

4.4. U.S. v. OU.S. v. O’’Brien Brien 196819681.1. Cannot burn draft Cannot burn draft

cardcard

Bill of RightsBill of Rights

1.1. Texas v. Johnson Texas v. Johnson 1989 can burn flag1989 can burn flag

2.2. Virginia v. Black Virginia v. Black 2003: can burn a 2003: can burn a crosscross

3.3. Tinker v Des Tinker v Des MoinesMoines: can wear : can wear symbolic languagesymbolic language

Free Speech & Flag/Cross BurningFree Speech & Flag/Cross Burning

Freedom to assemble and petition: Are Freedom to assemble and petition: Are there limits and when may they apply?there limits and when may they apply? 1. 1. 2. 2. 3. 3.