Civil Liberties

Civil Liberties - expectations that the government will leave us alone. To be free from unwarranted government action.

  • Freedom

  • The Bill of Rights has an emphasis on limiting the powers of the national gov.

The Bill of Rights

First ten amendments to the Constitution

  • Designed to protect the basic freedoms of American citizens

  • The meanings and applications of these rights have changed over time as judicial interpretations of these freedoms have changed.

The First Amendment

  • Freedom of religion

  • Freedom of speech

  • Freedom of the press

  • Freedom of assembly

  • Freedom to petition

The Establishment Clause

Congress shall make no law respecting an establishment of religion.

The Free Exercise Clause

The 1st amendment also guarantees citizens’ rights to believe and practice whatever religion they choose; this is the free exercise clause

Protected Speech

  • Political speech: Citizens United v. FEC

  • Symbolic speech: Texas v. Johnson (burning the flag)

Unprotected Speech

Speech that presents a clear and present danger to society (Schneck v. US)

  • Student speech: Cannot interfere with schools goal of teaching (Bethel v. Fraser)

  • Libel and slander: Have to be untrue and harmful or show malice (New York Times v. Sullivan)

  • Obscenity: based on local community standards (Roth v. US)

  • Fighting words: (Chaplinsky v. New Hampshire)

  • Commercial speech

  • Pornography in Reno v. ACLU court said the gov. US v. Williams upheld laws against child pornography