Civil Rights and Civil Liberties

• Civil Rights

  • government protections against discrimination or unreasonable treatment by other individuals or groups

  • Freedom from…

  • There’s a myth about rights

    • None of these rights are NOT absolute

  • ex: clean air, clean water

  • Litigious society

    • there is a lot of debate

  • My right to extend my arms, end where my nose begins

    • you have rights but you can’t infringe on other people’s rights

  • Ex: you have a magazine

    • you have the right to publish

    • your right to publish may infringe on your right to a free and fair trial

• Civil Liberties

  • protections designed to shield individuals from arbitrary government interference

  • Freedom to…

  • civil liberties only apply at the federal government

  • 1868

    • The adoption of the 14th amendment

      • Clause 1: Equal Protection

      • Clause 2: Due Process Clause

    • Doctrine of Incorporation

      • says the 14th amendment makes the bill of rights applicable to the states

        • Not all judges agreed on the incorporation

    • Doctrine of selective incorporation

  • Freedom of speech

    • Speech is not absolute

    • Speech + Conduct

      • is it protected?

      • libel?

      • slander?

      • obscenity?

There were 12 amendments proposed we only have 10

• what were the other 2?