Post on 12-Jan-2016
Civil Liberties
Civil Liberties
What are civil liberties?• Definition: individual protections against
the government
Civil Liberties
Where are these rights identified?• Definition: individual protections against
the government• Primarily contained in the Bill of Rights
Civil Liberties
What is governments role with regard to these rights?
• Definition: individual protections against the government
• Primarily contained in the Bill of Rights• Government’s role is protecting rights,
not granting them• Involves a balancing of conflicting rights
Civil Liberties
Balancing Conflicting Rights• Free speech v. protecting reputation• Freedom of the press v. fair trial
Civil Liberties
Does the Bill of Rights apply to states?• First Amendment
Incorporation Doctrine
Civil Liberties
Civil Liberties
Does the Bill of Rights apply to states?• First Amendment• Barron v. Baltimore (1833)• Fourteenth Amendment
Incorporation Doctrine
Civil Liberties
Civil Liberties
Does the Bill of Rights apply to states?• First Amendment• Barron v. Baltimore (1833)• Fourteenth Amendment• Gitlow v. New York (1925)• Selective incorporation
Incorporation Doctrine
Civil Liberties
Civil Liberties
Religion
Civil Liberties
Where do the words “freedom of religion” appear in the
Constitution?
Religion
Civil Liberties
Where do the words “separation of church and state” appear in
the Constitution?
Religion
Civil Liberties
What words DO appear in the Constitution?
Religion
Civil Liberties
Congress shall make no law respecting an establishment of
religion . . .
Religion
Civil Liberties
• Establishment Clause. . . or prohibiting the free exercise
thereof
Religion
Civil Liberties
• Establishment Clause• Free Exercise Clause
Religion
Civil Liberties
Establishment ClauseReligion
What would the Establishment Clause appear to say?
Civil Liberties
Civil Liberties
Establishment ClauseReligion
• No official religion of the U.S.• No favoritism toward one religion in
the U.S.• Jefferson: “a wall of separation
between church and state”
Civil Liberties
Establishment ClauseReligion
Gov’t Aid to Church-related Schools• Lemon v. Kurtzman
Aid must have a secular purpose Aid does not advance or inhibit
religion No excessive gov’t entanglement
Civil Liberties
Establishment ClauseReligion
Gov’t Aid to Church-related Schools• Books, computers• Transportation
Civil Liberties
Establishment ClauseReligion
Religious Activity in Public Schools• Prayer (Engle v. Vitale)
Staff lead• Graduation• Athletic events• Moment of silence
Civil Liberties
Establishment ClauseReligion
Religious Activity in Public Schools• Curriculum
Prohibiting evolution Adding creationism /
intellegent design Release Time
Civil Liberties
Establishment ClauseReligion
Religious Activity in Public Schools• Use of facilities
Equal Access Act of 1984
Civil Liberties
Establishment ClauseReligion
Religious Activity in Public Places• 10 Commandments
Civil Liberties
Establishment ClauseReligion
Religious Activity in Public Places• 10 Commandments• Holiday displays
Civil Liberties
Free Exercise ClauseReligion
Belief v. Practice
Civil Liberties
Free Exercise ClauseReligion
Religious Practices that Forbid “Necessary” Activities
• Medical care• Military service
Civil Liberties
Free Exercise ClauseReligion
Religious Practices that Forbid “Necessary” Activities
• Medical care• Military service• Attending public schools• Flag salute
Civil Liberties
Free Exercise ClauseReligion
Religious Practices that Allow “Unacceptable” Activities
• Polygamy• Drug use