Liberties and Rights

Civil Liberties

Legal and constitutional rights that protect individuals from government

Civil Liberties What government cannot doCivil Rights What government MUST do or give

Safeguards in the Constitution

Writ of Habeas Corpus – Prisoners must be brought to court and prove why they

are being kept in jail

Amendments to the Constitution:The Bill of Rights

First ten amendments to the Constitution

Intended to prevent government from abusing power

Defined by the Supreme Court over time

1st Amendment – Freedom of Religion

"Congress shall make no law respecting an establishment of

religion." 

Establishment Clause: Recognizing the religious

establishment Free Exercise Clause:

Freedom to believe and practice

Separation of Church and State

Early settlers had laws about attending a specific church…

Important to founding fathers to separate and not require a specific national sponsored church

Wall of Separation Between Church and State?

Language occurs in a letter written by Pres.Jefferson to a Baptist congregation in 1802 (13 years after passage of First Amendment).

Jefferson was not a member of Congress at the time of passage -- had no direct role in crafting the amendment, so no special authority for interpreting it.

The phrase "wall of separation" was not used by Madison or any other advocate of the Amendment.

The Establishment Clause

Government cannot have an official religion BUT… a friendly relationship

Does not permit government from supporting religion in general

Everson v. Board of Education (1947)

Tax money in NJ going to bus parochial school kids

Court decided that it did not help the church directly, but to the welfare of students

School Prayer

1962 Engel v. Vitale Non-Denominational school-wide prayer 1962 – All Kentucky Schools had to post the 10

commandments Unconstitutional

1970s – Present: “Moments of Silence” for voluntary prayer or meditation

2000s Pre-game prayer? Led by students? On the PA – unconstitutional The Pledge of Allegiance

Controversy: Tax money to Parochial Schools? The Lemon Test

Purpose of aid must be non-religious

The aid must not be advancing or inhibiting religion

Can’t increase connection between government and religion

School Voucher Programs?

A certificate issued by the government which parents can pay for the education of their children at a school of their choice, rather than the public school to which they are assigned.

Religion in the Workplace

Employers must try to accommodate

Unless it causes “undue hardship”

Freedom of Expression

“Not free thought for those who agree with us, but freedom for the thought that we hate”

Spoken and Symbolic

Limits Treason – war

against your nation (disloyalty)

Espionage -- Spying Sabotage –

Destructive act intended to hinder a nation’s defense

Seditious Speech – Urges an overthrow of the government

Unprotected Speech Libel– published report

that is false and injures a person’s reputation or character Stalin?

Slander – Speaking a statement that creates hatred or ridicule of a person

Different for public figures“those who thrust themselves into the public eye

and invite close scrutiny”

Have to prove: Reckless disregard for the truth Malice

1st Amendment – Free Speech -- Tests

“Fighting Words” Incitement Test

prevents speech that encourages law-breaking

Post Sept. 11th case

Obscenity Test:

What is offensive? Restricts pornography by

age

Freedom of the Press

Clear and Present Danger Test

Government can restrain if there is an immediate threat to public order

Prior Restraint!

Censorship that requires a person to seek governmental permission in the form of a license before publishing anything

Every time permission is denied

1st Amendment: Free Exercise Clause

Government cannot interfere

Balancing test: balances your right with someone else’s rights when they conflict Example: may not yell

“fire” in crowded theater

1st Amendment: Right to Peaceably Assemble

Nazis? Gang members?

May be restricted by Time, Place, and Manner test – Permit Loitering Laws

1st Amendment: Right to Petition the Government

Right to appeal a governmental decision through the court system

1st Amendment in School

Courts have ruled twice to define students’ rights in school

Tinker v Des Moines – stated that students have 1st amendment

rights; they don’t end when you enter school Defined rights: your expression may

not go against “the educational process”

2nd Amendment

Right to keep and bear arms

States define… May restrict:

age, weapons type, location

3rd Amendment:

No quartering of troops during peacetime

Cannot take private property for soldiers

4th Amendment No unreasonable

Search/Seizure without either Probable Cause or a Search Warrant

Probable Cause: enough evidence to make a reasonable person think a crime occurred

4th Amendment in School

Doe v Renfroe – allows schools to do general searches, “in loco parentis” (in place of parent)

New Jersey v TLO – allows schools to do pat-down searches with “reasonable suspicion” (lighter standard than probable cause) or lockers anytime (their property)

5th Amendment

Right to not testify against yourself

No Double Jeopardy Right to Due Process

(fair trial or hearing)

Right to just compensation for property (eminent domain) For the public good…

6th Amendment – Trial Rights Speedy trial Public trial Impartial Jury Trial Notified of charges

Attorney Call witnesses Cross-examine

witnesses

7th Amendment Right to file Civil Lawsuit

(sue another person) Separates civil and

criminal courts

8th Amendment No cruel or unusual punishment No excessive fines or bail

Death Penalty? Tasers? Waterboarding?

9th Amendment

Allows the Judicial Branch to define all future rights not previously considered

Can’t use your rights to infringe on others

Examples: Civil rights, etc.

10th Amendment Creates system of Federalism: Power to the States! Reserves to the states the right to create any laws

not covered in the original Constitution