Civil Liberties

The five rights often referred to in the context of the U.S. Constitution generally relate to the First Amendment. These rights include:

1. Freedom of Speech - The right to express oneself without government interference.

2. Freedom of Religion - The right to practice any religion or no religion at all.

3. Freedom of the Press - The right of the media to report news freely.

4. Freedom of Assembly - The right to gather peacefully for protests or meetings.

5. Right to Petition - The right to make complaints to or seek assistance from the government without fear of punishment.

Dr. Thomas Favs

1. stupid does not equal unconstitutional

2. states can give you more rights, they just can’t take away any

3. no rights are absolute

   • there are conditions where govt can infringe on the right

Freedom of Speech

Brandenburg vs Ohio

• KKK member, hosting rally on private land

  • slurs, burning crosses, talk of violence

• Brandenberg made a speech, which was recorded and a few days later aired

• Ohio law making organized crime illegal, he was convicted under this for his speech

• made it to the Supreme Court and Brandenberg won

  • freedom of speech did not incit4e violence

• Put out imminent lawless action test

  • can not protect speech that causes lawless action or incite people to violence

• his speech did not incite violence even though his speech sounded violence

• advocacy/action distinction

  • you can advocate for violence but as soon as it turns into action, that speech is no longer protected

• doctrine of prior restraint

  • in general, if govt know you are going to say hateful things, they can not stop you from speaking (even if there is a fear of inciting violence)

Texas vs Johnson (1980s)

• Johnson was at a republican convention where Ronald Regan was up for re-election

• Johnson was outside burning an American flag in protest of Regan

• he was convicted under Texas law that makes it illegal to destroy venerable objects

• Johnson won this case

• Bedrock Principle of 1st Amendment

  • the govt may not inhibit the expression of an idea simply because society finds the idea itself disagreeable or offensive

• Symbolic Speech

  • 1. intentional action

  • 2. message is apparent

• the message he was trying to convey by burning the flag was apparent

• Just because an action qualifies as symbolic speech does not mean it is always protected (just like normal speech)

• fighting words are not protected speech

  • words that a reasonable person under the circumstances view as an indication of fist-to-cuff

Snyder vs Phelps

This case involved the Westboro Baptist Church, which protested at the funeral of a U.S. Marine, Matthew Snyder. The Supreme Court ruled in favor of Phelps, emphasizing that their speech on public issues, even if hurtful to individuals, is protected under the First Amendment. The ruling highlighted the balance between free speech and the emotional distress caused to grieving families.

• content neutrality

  • refers to the principle that the government must treat speech equally, regardless of the message or content. This means that the government cannot favor or disfavor any viewpoint when regulating speech.

Freedom of Religion

2 clauses

• establishment can’t force you

• free exercise, can do what you want

Establishment Clause

• Church and state are separate

• govt will not privilege one religion over another or religion of irreligion

  Doctrine of Captive Audience

• refers to the idea that when people are in a location where they cannot easily leave (like at school or in a public meeting), the government has the responsibility to protect them from unwanted speech.

• the government can limit certain types of speech in these situations to ensure that individuals are not subjected to messages that they have no choice but to hear.

• The Bill of Rights was written to preserve the rights of minorities

  • just because it is a norm, does not mean it is protected

• In order for the law to become a law of the land, at least 5 must agree with it and its reasons

• weighting factors, establishment cases not just illegal or not

  • depends on the context

  • 10 commandments posted recently on a courthouse vs 10 commandments being a part of a statute that has remained for 100 years (historical context)

Free exercise clause

• people can believe whatever they want but govt can still stop you

• smoking weed illegally and then saying it is a religious thing (won’t work)

• won’t inquire whether or not religion is valid but will look into whether it is sincerely held

  • just three people practice or three million

  • how long they have practiced

  • is it documented in a bible or something, written down

Employment Division vs Smith (1990)

• This case involved two men who lost their jobs because they used peyote, a drug, in their Native American religious practices.

• They applied for unemployment benefits but were denied because they had been fired for misconduct.

• The Supreme Court decided that the government can set laws that apply to everyone, even if they unintentionally affect religious practices.

• This means that a law that is neutral and applies to everyone doesn’t violate the right to practice religion, even if it makes it harder for some people to do so.

Smith rule

• laws that are facially neutral and generally applicable do not violate the free exercise clause simply because they incidentally burden religion.

City Hialeah vs Church of Lukumi Babalu

• Florida city made it illegal for people to kill animals for religious purposes

• The church challenged the law and won

• the law does not pass the Smith rule

Free exercise cases are clearer to understand

sometimes these two clauses butt heads

Civil Rights

right to privacy (Automony) 4th Amendment

• protects people frmo unreasonanle searches and seizures

Griswlad vs Conneticut (1965)

• case that establishes right to automony

• The case involved a legal challenge to a Connecticut law that prohibited the use of contraceptives.

• The Supreme Court decided that this law violated the right to marital privacy, establishing that individuals have a right to make personal decisions about their own bodies and family planning without government interference.

• Implied right to automny found in peumbras of amendments, 1,2,4,5,9 amendments

Cases and Controveries requirment

• article 3 of the consituition

• judical system/courts will not deal with hypothitical situations

Lawrence vs Texas (2003)

• This Supreme Court case involved two men arrested for having consensual sex in their own home, which was illegal under Texas law at the time.

• The Court ruled that the law violated the right to privacy and struck it down, stating that individuals have the right to engage in private sexual conduct without government interference.

14th Amendment - 2 clauses

ratified after civil war (reconstronction era)

• STATES can not infiringe upon basic liberties (in addition to federal govt)

Clauses

1. Due process clasue

   • states can not deny persons of life libery or property without due process of the law

• How to define liberty?

  • gernally means a freedom but now needs to be defined in this amendment

  • supreme court decided to define it with selective incorporation.

    • case by case basis, the supreme court has incorportated most of the bill of rights into 14th amendment definintion

    • 3rd is not incorperated becasue houseing soldiers has not come up since before the 14th amendment

    • OTHER rights too, Marriage, child rearing

2. equal protection clasue

   • states may not deny persons within its juricdiction the equal protection of the laws

Types of Discrimination

1. de jure (of law)

   • discrimination written into law

2. de facto

   • is no law and there is laws that make specific discrimination illegal, but descrimantion still happens

   • civil rights act of 1964 (one of many)

     • says you can not discriminate employment based on sex, race, etc

   • ie pay gab between men and women