Chapter Four:

Civil Liberties

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Learning Objectives

Understand the meaning of civil liberties. Understand how the Bill of Rights came to be

applied to state governments through the Fourteenth Amendment, and the time frame in which this happened.

Identify the constitutional basis for freedom of religion, and distinguish the Establishment Clause from the Free Exercise Clause.

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Learning Objectives

Describe current law on the establishment of religion, especially as it pertains to the public schools (aid to church schools, prayer in schools, and evolution).

Describe current law on the free exercise of religion.

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Learning Objectives

Describe current law on the freedom of expression.o Explain the principle of no prior restraint.o Define symbolic speech and commercial speech.o Explain historical tests that have been applied to

freedom of speech, especially the doctrines of “clear and present danger” and the “incitement test”.

o Explain the current Supreme Court definition of obscenity.

o Define slander and libel.o Explain limits on speech on campus.

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Learning Objectives

Describe current law on freedom of the press.Describe current law on the right to assemble and

petition the government.Explain the development of the “right to privacy.”

o Give the current state of the law on abortion.o Explain the current debate concerning the

issue of the right to die.o Examine the conflict between privacy rights

and security issues.

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Learning Objectives

Identify the civil liberties pertaining to criminal rights, including limitations on police conduct, defendant’s pretrial rights and defendant’s trial rights.

Explain the Miranda rule and the exclusionary rule.

Explain the limitations the Supreme Court has imposed upon the use of the death penalty.

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The Bill of Rights

Broad guidelines to protect our civil liberties from governmental interference.

Originally the Bill of Rights pertained only to the national government.

With the passage of the 14th Amendment, the Bill of Rights applies to state governments.

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The Bill of Rights8

Freedom of Religion

Establishment Clause: prohibits the national government from favoring a certain religion over another.

Free Exercise Clause: constrains the national government from prohibiting individuals from practicing religion.

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Freedom of Religion

Establishment Clause Aid to Church-Related Schools School Vouchers School Prayer The Ten Commandments Forbidding the Teaching of Evolution Religious Speech

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Freedom of Religion

Free Exercise Clause

The Religious Freedom Restoration Act

Free Exercise in Public Schools

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Freedom of Expression

No Prior RestraintProtection of Symbolic SpeechProtection of Commercial Speech

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Freedom of Expression

Permitted Restrictions on Expression Clear and Present Danger Obscenity Child Pornography Slander Campus Speech—Student Activity Fees,

Behavior Codes

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Freedom of the Press

Libel—defamation in writingGag orders on the press at trials

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The Right to Assemble and to Petition the Government

The Supreme Court has held that state and local governments cannot bar individuals from assembling:

Street gangsOnline assembly

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More Liberties Under Scrutiny: Matters of Privacy

There is no explicit Constitutional right to privacy, but rather the right to privacy is an interpretation by the Supreme Court.

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More Liberties Under Scrutiny: Matters of Privacy

Protection of personal informationAbortion

Roe v. Wade Partial birth abortion

The “Right to Die” Living Wills Physician Assisted Suicide

Security Issues: USA Patriot Act

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The Great Balancing Act: The Rights of the Accused versus the Rights of Society

Extending the Rights of the Accused Miranda v. Arizona (1966) Exceptions to the Miranda Rule Exclusionary Rule Death Penalty as cruel and unusual punishment

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The Great Balancing Act: The Rights of the Accused versus the Rights of Society

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The Death Penalty20

Web Links

American Civil Liberties Union (ACLU) Nation’s leading civil liberties organization

provides an extensive array of information and links concerning civil rights issues: www.aclu.org.

Liberty Counsel Nonprofit litigation, education, and policy

organization dedicated to advancing religious freedom, the sanctity of human life and the family: www.lc.org.

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What If…Roe v. Wade Were Overturned?

The Supreme Court declared that a woman’s constitutionally protected right to privacy includes the right to have an abortion.

If this decision were overturned, the power to ban or legalize abortion would return to the states.

It appears unlikely that the decision will be overturned with President Obama’s two recent Supreme Court appointments.

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