• Civil rights— The government’s collective decisions on the treatment of individuals

• Civil liberties— Restrictions on the government

• Civil rights protect individuals from discrimination based on certain characteristics; these rights are guaranteed to all citizens under the due process and equal protection clause of the US Constitution as well as acts of Congress

Bill of Rights

• Civil liberties

  • Protections of citizens from improper national government actions (but not state government)

• Substantive— Limits what the government has the power to do

  • Cannot create state religion, quartering troops, eminent domain (government takes property and pays compensation)

• Procedural— Addresses how the government should act

• Key points:

  • Dual citizenship— you are a citizen of the US and your state

  • Barron v Baltimore— the 5th Amendment protects citizens from the national government, but not state governments

  • Bill of Rights only pertains to the national government

  • Slaughterhouse Cases— narrow interpretation of the 13th and 14th Amendments

The First Amendment— Speech

• Strict scrutiny— The government needs a strong, extremely specific, and narrow reason to limit free speech, the law restricting speech must be the least restrictive to free speech.

• Speech is defined very broadly by the courts

  • Speech plus (speech plus conduct)— Expressive speech such as demonstrations, handing out leaflets, sit-ins

  • Symbolic speech— Expressive action that represents speech/political speech such as flag-burning

Limits on Speech

• Defamation of character (except in the case of famous people)

• “Clear and present danger” (public welfare)

  • Schenck v United States (likely to be bad)

  • Debs v United States (praising draft dodgers)

  • Abrams v United States (leaflets inciting protests, strikes)

  • Gitlow v New York (incorporation of speech)

• “Imminent danger” (public safety/shouting fire)

  • Brandenburg v Ohio (KKK member advocated for the overthrow of the government)

• “Fighting words”

  • Chaplinsky v New Hampshire

First Amendment— Press

• Mass media including press, radio, and television

• Prior restraint (censorship)

• Shield laws— protects reporters’ sources

• National Security

• Obscenity is not protected

First Amendment— Religion

• Prohibits the establishment of one or more official religions

• Prevents the federal government from restricting an individual’s right to practice or not practice religion

• Previously: Lemon v Kurtzman decided that government money could go to religious organizations as long as it was:

  • For a secular, legislative purpose (ex. transportation to a religious school)

  • The primary effect does not advance or inhibit religion (a religious school can apply for a grant to buy math textbooks, but not a religious textbook)

  • It does not foster an excessive entanglement with religion

• June 2022: Kennedy v Bremerton

  • Kennedy was fired for having a prayer at football games

  • SCOTUS ruled that it was a free exercise of religion and speech

  • Overturned Lemon

First Amendment— Assembly

• Must be peaceable

• Deals with public places

• Rules (reasonable and fair to everybody)

• Heckler’s Veto (actions of the crowd prevent a person/group from exercising free speech)

Second Amendment

• District of Columbia v Heller— Struck down DC ban on handguns, federal jurisdiction

• McDonald v Chicago— Struck down Chicago ban on handguns, incorporation of 2nd Amendment

Fourth Amendment

• A search warrant for a specific item is needed by the government

• Exceptions:

  • Person and “Stop and Frisk”— needs reasonable suspicion and probably cause

• Home searches are legal if…

  • Hot pursuit

  • Exigent circumstances

  • Consent

• Automobile searches are legal if…

  • Probable cause (ex. driving erratically)

  • Mobility

• Guidelines for determining violations

  • Was the search conducted by a private individual or a government official?

  • Is the person claiming that their rights are violated or someone else’s?

  • Was the contraband in plain sight?

  • Was the invalid warrant obtained in good faith?

  • Does the contraband fall under the exclusionary rule?

Fifth Amendment

• All people are treated fairly under the law

• Innocent until proven guilty

• Grand jury for a capital crime

• Freedom from double jeopardy or self incrimination

• Eminent domain— the government can take property for a public purpose and must compensate

Sixth Amendment

• Speedy and public trial

  • Usually within 100 days or to the benefit of the accused

• Impartial Jury

• Informed of charges

• Right to confront witnesses (subpoena)

• Right to Council (right to an attorney)

Eighth Amendment

• Bail based on crime and ability to pay

• No cruel and unusual punishment

  • No barbarity

  • Punishment must fit the crime

Fourteenth Amendment

• Guarantees due process at the state level

• The Bill of Rights pertainsto the federal government