PSCI 2030 Civil Liberties Part 2

Civil liberties are basic political freedoms that protect individuals from government abuses of power.
Understanding issues related to civil liberties requires awareness of how courts interpret laws outside government overreach.
Situations like public school prayer can often go unchallenged, emphasizing the importance of raising such issues.

Civil Liberties: Protections from government interference guaranteed by the Constitution, primarily found in the Bill of Rights.
Civil Rights: Guarantees of equal treatment and protection from discrimination.
The framers of the Constitution integrated their experiences and societal concerns into the Bill of Rights.
- Example: The Third Amendment addresses quartering troops, reflecting historical grievances of the time.

1st Amendment: Protects rights to speech, press, assembly, religion ("RAPPS").
2nd Amendment: Right to bear arms.
3rd Amendment: Protection against forced quartering of troops.
4th Amendment: Protection from unreasonable searches/seizures—requires probable cause and warrants.
5th Amendment: Protection against self-incrimination, double jeopardy, and ensures due process. Also discusses compensation for property taken for public use.
6th Amendment: Rights of the accused, including a speedy public trial and the right to counsel.
7th Amendment: Right to trial by jury in civil cases.
8th Amendment: Protection from excessive bail, excessive fines, and cruel and unusual punishments.
9th Amendment: Asserts that enumerated rights do not deny other rights retained by the people.
10th Amendment: Affirms that powers not delegated to the federal government are reserved for the states or the people.

The Bill of Rights was added post-ratification of the Constitution to appease Anti-Federalists and ensure safeguards against a strong federal government.
Early interpretations focused on protections from federal but not state actions, which changed after the Civil War and through subsequent legal interpretations.

The Fourteenth Amendment extends protections of civil liberties to include actions of the states through selective incorporation.
Gitlow v. New York (1925): Established the principle that the First Amendment's protections apply to the states but allowed the state to jail Gitlow for inciting violence through speech. This case marked the beginning of selective incorporation.

Establishment Clause: Prohibits the government from establishing a religion or favoring one religion over another.
Free Exercise Clause: Protects individuals' rights to practice their religion freely unless it harms others.

Separationist View: Advocates for strict separation of church and state.
Accommodations View: Permits government support of religious activities under certain conditions.
The Lemon Test (from Lemon v. Kurtzman) assesses government involvement with religion based on purpose, effects, and entanglement.

The government supports tax-exempt status for religious organizations, leading to debates about entanglement.
Landmark cases like Mojave Desert Cross illustrate complexities of religious symbols on public land, often resulting in courts avoiding decisive rulings.

Speech can be limited if it poses a "clear and present danger" or incites violence.
- Schenck v. US: Established limits on speech during wartime for national security reasons.
- Brandenburg v. Ohio: Defined direct incitement as speech that encourages imminent lawless action as unprotected.
The protection of symbolic speech, such as protests or litigious expressions, remains complex, balancing societal norms and individual freedoms.

The lecture emphasizes understanding the evolving interpretations of civil liberties and the role of courts in adjudicating these principles.
The handout activity is intended to engage students in the practical application of their knowledge of the Bill of Rights.