Unit 12 Civil Liberties PSC 101

What are civil liberties? How are civil liberties differentiated from civil rights? What is Due Process?

1. Civil liberties are individual rights recognized and protected by law from governmental interference.

2. Civil liberties protect individuals from government actions, while civil rights provide for equal treatment and protection against discrimination in various areas.

3. Due Process is a legal principle that ensures all individuals are treated fairly and justly in the legal system, safeguarding against arbitrary denial of life, liberty, or property.

What does the 14th Amendment essentially repeat what the 5th Amendment says related to due process?

The 14th Amendment essentially reiterates the Due Process Clause found in the 5th Amendment, emphasizing that no state can deprive any person of life, liberty, or property without due process of law.

What is selective incorporation? Why has selective incorporation occurred? How is the 14th Amendment related to the due process clause? Describe the basis for and outcome of the key cases related to selective incorporation (especially Mapp v Ohio, Gideon v. Wainwright).

1. Selective incorporation is a constitutional doctrine that ensures states cannot enact laws that infringe on the fundamental rights of citizens as defined by the Bill of Rights, using the 14th Amendment’s Due Process clause.

2. Selective incorporation has occurred to apply federal protections from the Bill of Rights to the states gradually through judicial interpretations that emphasize the Due Process clause of the 14th Amendment.

3. The 14th Amendment includes a Due Process clause that prohibits states from denying any person life, liberty, or property without due process, thereby protecting individual rights against state laws.

4. In Mapp v. Ohio (1961), the Supreme Court ruled that the exclusionary rule, which prevents illegally obtained evidence from being used in court, is applicable to state courts under the 14th Amendment. Gideon v. Wainwright (1963) established that the right to counsel is a fundamental right essential to a fair trial, thus requiring states to provide an attorney to defendants who cannot afford one.

Identify and describe the two parts of the religion clause of the 1st Amendment and what their intentions were for the framers.

1. The two parts are the Establishment Clause and the Free Exercise Clause.

2. The Establishment Clause prohibits the government from establishing an official religion or favoring one religion over another, ensuring a separation of church and state.

3. The Free Exercise Clause protects individuals’ rights to practice their religion freely without government interference or hindrance

4. The framers intended to create a religiously neutral government that respects individual beliefs and prevents religious discrimination, ensuring freedom of conscience for all citizens

Describe the basis for and outcome of the key cases related to the establishment of religion (choose at least three. such as Engel, Lee, Kennedy, etc.)

1. Engel v. Vitale (1962):
   Basis: A New York State law authorized a short, voluntary prayer at the beginning of each school day. A group of parents argued that this violated the Establishment Clause of the First Amendment.
   Outcome: The Supreme Court declared the school-sponsored prayer unconstitutional, holding that it is impermissible for public schools to hold official prayers, as it violates the separation of church and state.

2. Lee v. Weisman (1992):

   • Basis: A middle school in Rhode Island invited a rabbi to deliver an invocation and benediction at its graduation ceremony. A parent challenged this practice as a violation of the Establishment Clause.

   • Outcome: The Supreme Court ruled that the school's practice of including clergy-led prayer at graduation ceremonies was unconstitutional. The Court argued that students were coerced to participate in a religious activity, violating the Establishment Clause.

3. Case: Kennedy v. Bremerton School District, 597 U.S. ___ (2022)

   Background: Joseph Kennedy, a high school football coach in Bremerton, Washington, was suspended for praying at midfield after games. The school district argued that his actions violated the Establishment Clause by potentially coercing students into participating in religious activities.

   Outcome: The Supreme Court ruled 6-3 in favor of Kennedy, stating that his post-game prayers were protected under the Free Exercise and Free Speech Clauses of the First Amendment. The Court held that the Constitution neither mandates nor permits the government to suppress such religious expression, emphasizing that the Establishment Clause does not require the government to be hostile to religion.

What is the relevance of the Lemon v. Kurtzman case? What did the Lemon Test do, and how and why did it end? What’s the “current” status of the Lemon Test?

1. Established the Lemon Test to determine if a law violates the Establishment Clause of the First Amendment.

2. What the Lemon Test did: Three-pronged test:

   • The statute must have a secular legislative purpose.

   • Its primary effect must neither advance nor inhibit religion.

   • The statute must not foster excessive government entanglement with religion.

3. How and why it ended: Criticized for being too strict and difficult to apply consistently.

   The Supreme Court has moved away from using the Lemon Test as the primary standard.

4. While not entirely abandoned, it is no longer the dominant test.

   Court now often considers whether the government has coerced anyone to support or participate in religion

   The endorsement test (whether the government action endorses or disapproves of religion) and historical practices are also considered.

Describe the basis for and outcome of the key cases related to the free exercise of religion (choose at least three, Reynolds, Sherbert v. Verner, Employment Division v. Smith)

1. Basis: Reynolds, a Mormon, challenged the anti-bigamy statute, citing religious duty.

   • Outcome: Court upheld the statute, stating free exercise protects belief, not illegal actions.

2. Basis: Sherbert, a Seventh-Day Adventist, was denied unemployment for refusing Saturday work.

   • Outcome: Court ruled in her favor, creating the Sherbert Test: the state must show a compelling interest and the least restrictive means.

3. Basis: Smith and Black, Native American Church members, were fired for using peyote (a hallucinogen) in religious ceremonies and denied unemployment benefits.

   • Outcome: Court ruled against them, stating free exercise

Describe the basis for and outcome of the key cases related to the 1st Amendment’s speech protection (esp. Brandenburg v. Ohio, but other speech cases

1. Basis: Clarence Brandenburg, a Ku Klux Klan leader, made a speech at a Klan rally in Ohio. He was convicted under a state law for advocating violence.

   • Outcome: The Supreme Court ruled that the Ohio law violated Brandenburg's right to free speech. The Court created the 'Imminent Lawless Action' test: speech is protected unless it incites imminent lawless action and is likely to produce such action.

2. Tinker v. Des Moines Independent Community School District (1969):

   • Basis: Students wore black armbands to school to protest the Vietnam War. The school suspended them for violating a school policy.

   • Outcome: The Supreme Court ruled in favor of the students, stating that students do not shed their constitutional rights to freedom of speech at the schoolhouse gate. The Court held that the school's action violated the students' right to symbolic speech because the armbands did not cause a substantial disruption to the educational environment.

Define and describe the four major limitations on the 1st Amendment’s speech protections (i.e., what’s not protected speech?) identified in lecture. Describe- Do NOT list! What are the issues associated with each?

1. Incitement to Violence: Speech that incites imminent lawless action is not protected. The key issue is determining when speech crosses the line from advocacy to incitement.

2. Defamation: False statements that harm someone's reputation (libel if written, slander if spoken) are not protected. The level of proof required varies depending on whether the defamed person is a public figure or a private individual.

3. Obscenity: Obscene material is not protected, though defining obscenity has been contentious. The Supreme Court's test considers community standards, whether the material is patently offensive, and whether it lacks serious literary, artistic, political, or scientific value.

4. Fighting Words: Words that inflict injury or tend to incite an immediate breach of the peace are not protected. The challenge lies in distinguishing between offensive speech and speech that directly provokes violence.

What does the concept of prior restraint refer to? What are the key cases related to freedom of the press?

1. Prior restraint refers to the government’s ability to prevent material from being published

2. Near v. Minnesota (1931):

   • Basis: A Minnesota law allowed courts to shut down scandalous or defamatory newspapers.

   • Outcome: The Supreme Court ruled the law unconstitutional, establishing a strong presumption against prior restraint. The Court held that prior restraint is only permissible in exceptional cases, such as during wartime or when it incites violence.

3. New York Times Co. v. United States (1971):

   • Basis: The Nixon administration sought to prevent the New York Times and Washington Post from publishing the Pentagon Papers, a classified study on the Vietnam War.

   • Outcome: The Supreme Court ruled against the government, holding that the government had not met the heavy burden required to justify prior restraint. The Court emphasized that the public's right to know outweighed the government's interest in secrecy.

Which of the following best describes how to distinguish civil rights from civil liberties?

Unlike civil liberties, civil rights place positive obligations on the government to take action.

What was the Supreme Court case that declared the exclusionary rule

Mapp v. Ohio

During the 19th and 20th centuries ____ selectively applied the Bill of Rights to the states

The Supreme Court

The process by which the Supreme Court has expanded specific parts of the Bill of Rights to protect citizens against states as well as federal actions is called

selective incorporation

Civil liberties represent

a restraint on government’s actions against individuals.

The constitutional basis for the nationalization of the Bill of Rights is

The 14th Amendment’s Due Process Clause

According to the establishment clause, the government is not supposed to (select all that apply)

1. Designate any official religion

2. Become involved in religious teachings

3. Favor religion over non-religion

4. Embrace some religions at the expense of others

The denial of unemployment benefits to someone who was fired for refusing to work on Saturdays due to religious beliefs was first considered in the case of _______ and in that case, the denial was ruled _______

1. Sherbert v. Verner

2. Unconstitutional

The fact the government is not supposed to designate any official religion is derived from the:

Establishment Clause

The Supreme Court has traditionally allowed government aid to religious schools only if the aid (select all that apply)

1. does not excessively entangle government in the affairs of religious institutions

2. neither advances nor inhibits religion

3. has a secular purpose

The establishment clause of the 1st Amendment

forbids the government from giving preference to one religion over another

A public school that displays the Ten Commandments in a classroom with no other historical documents would likely be in danger of violating the ____ clause as interpreted through the case of _____

1. Establishment

2. Lemon v. Kurtzman

As originally presented in the Constitution, the Bill of Rights

limited only the power of the national government, not that of the states

As noted in lecture, The supreme court of the united states has struck down as unconstitutional policies that had allowed (select all that apply)

1. school graduation prayer

2. school-led prayer football game prayers

3. school-led Bible reading

4. school-led prayer