civil liberties

Civil liberties:

Individual rights

• Constitution neglected to include provisions protecting people's liberties 

• State constitutions generally included such provisions

• Protections of liberties the duty of the states?

• Roadblock to ratification

• Bill of rights promised to gain ratification 

Civil liberties in the american legal system

• Civil liberties are constitutionally established guarantees that protect citizens, options, and property against arbitrary government interference

• In contrast, civil rights reflect positive acts of government for the purpose of protecting individuals against arbitrary or discriminatory actions

• Bill of rights and state constitutions explicitly recognize and protect civil liberties

Civil liberties:public vs private

• They limit govt action

• Protect individuals and private groups and corporations

  • Action is not limited by the bill or rights

  • Can be limited in some cases, through laws

Liberties

• Institutions can safeguard rights 

  • Transitioned from solely state jurisdiction to concurrent on e

  • Bill of rights

• Bill checks majority

  • Parchment rights

  • Supreme court acts as guardian

• Straightforward generally, but some ambiguities

• An important part of public policy 

Evolution of them

• Pre civil war

  • Bill of rights

  • Barron v baltimore

• 13th 14th and 15th amendments

  • Equal protection clause

  • Due process 

• Bill of rights originally applied to only federal govt

• Incorporation applies it to states

• Selective incorporation 

  • Gitlow v new york 

Wednesday february 19th:

Civil liberties count.

Right to bear arms:

• Second amendment “a well regulated militia, being necessary to the security of a free state, the right of the opele to keep and bear arms, shall not be infringed:

• Changing interpretations

  • District of columbia v heller the SC ruled that there is a right to possess a firearm for lawful purposes such as self defense

  • Mcdonald v chicago SC incorporated the 2nd amendment to states 

Freedom of speech 1st amendment:

• Sedition act

  • Schenk v us- clear and present danger test

  • Brandenburg v ohio-imminent lawless action test

• Symbolic speech, commercial speech, defamation, libel and slander, obscenities

• West virginia state board of education v barnette

• Tinker v des moines 

• Prior restraints

  • Pentagon papers

  • New york times v us

• National security

  • Geraldo rivera incident

• Gag order

  • Prevents parties n court case from speaking about case in public 

Freedom of religion

• Establishment clause

  • Separation from church and state

  • Lemon v kurtzman 

  • Religion in schools

• Free exercise clause

  • Concerned with religious practices

  • Freedom to believe does not = freedom to act on belief

Freedom of assembly 

• Intrinsically tied to freedom of speech

• Right of association

  • Boy scouts of america vs dale

• Time place and manner

  • National socialist party of america v village of skokie 

Civil liberties: criminal rights

• Goal is to remove the criminal process from politics

• Need to protect individual citizens 

• Provide barriers to arbitrary law enforcement

• Due process rights

  • Protect propel who have been accused of a crime

  • 4,5,6,8th amendments

• 4th

  • Protects from unreasonable search and seizure

• 5th

  • Miranda rights, can't be forced to testify against yourself, can't be tried for same crime twice

• 6th

  • Right to speedy trial and impartial jury, right to counsel

• 8th

  • Prohibits cruel and unusual punishments and excessive fines

Right to privacy 

• Not explicitly mentioned in bill of rights but implied

  • Griswold v connecticut

• Sexual behavior 

  • Griswold

  • Lawrence v texas

• Child bearing choices

  • Roe v wade

  • Planned parenthood v casey 

  • Dobbs v jacksons women's health organization

• Digital information