Civil Liberties

Definition: Civil liberties are personal freedoms that protect individuals from government overreach, specifically including freedom of religion and freedom of speech.
Government Restraints: These liberties restrain the government from taking certain actions against individuals.

The Bill of Rights was initially designed to protect individuals from the national government.
Many states ratified the Constitution with the condition that a Bill of Rights would be added.

Early Supreme Court Decisions: Initially ruled that the Bill of Rights only applied to the national government.
After the Civil War: The Supreme Court began using selective incorporation to apply the Bill of Rights to state governments through the Fourteenth Amendment.
Incorporation Theory: Most protections within the Bill of Rights apply to state governments via the Fourteenth Amendment's due process clause.

First Amendment: Prohibits Congress from establishing a religion and protects the free exercise of religion, along with freedom of speech, press, assembly, and petition.
Establishment Clause: Prohibits the national government from establishing an official church.
Key Issues:
- Aid to church-related schools.
- School vouchers.
- School prayer, including prayer before and outside of classrooms.
- Display of religious symbols, such as the Ten Commandments.
- Teaching subjects like evolution in schools.

Lemon Test: A law does not violate the establishment clause if:
1. It has a secular purpose.
2. It neither advances nor inhibits religion.
3. It does not foster excessive government entanglement with religion.

Guarantees freedom of religious practices unless they interfere with public policy and welfare.
The Supreme Court has upheld laws limiting religious practices that threaten community peace.
Religious Freedom Restoration Act: This act was ultimately declared unconstitutional by the Court.
Free Exercise in Schools: Includes issues like banning certain types of attire or prayer in schools.

Prior Restraint: Government action that prohibits speech or other expressions before they can occur, requiring permits for speeches or publications.
Symbolic Speech Protection: The government can restrict symbolic speech if it serves a significant purpose beyond merely suppressing unpopular views.

Commercial Speech Protection: Advertisements that are not deceptive will be protected by the Court.
Permitted Restrictions: Speech can be limited if it presents a clear and present danger to public order.

Obscenity: The courts do not protect obscene material under the First Amendment.
Miller Test for Obscenity: Evaluates materials on three criteria:
1. Appeals to prurient interest by contemporary community standards.
2. Is patently offensive.
3. Lacks serious literary, artistic, political, or scientific value.
Slander and Defamation: Slander refers to spoken defamatory statements, while defamation refers to harming someone's reputation.
Hate Speech: Involves prejudiced language towards another's innate characteristics.

Libel: Written defamation of character or reputation. Public figures must prove "actual malice" for libel suits.
Actual Malice: Knowing a statement is false or reckless disregard for truth.
Gag Orders: Issued by judges to limit publication about trials to protect a defendant’s right to a fair trial.

The Supreme Court protects the right to assemble and petition but allows states to regulate it through permits to maintain order.

Fourth Amendment: Protects against unreasonable searches and seizures, requiring probable cause for arrests.
Fifth Amendment: Prevents coerced confessions and ensures no self-incrimination.
Sixth Amendment: Guarantees legal counsel, informs about charges, and ensures a speedy public trial by an impartial jury.
Eighth Amendment: Prohibits excessive bail and cruel or unusual punishments.

Miranda v. Arizona: Established Miranda Rights to inform suspects of their rights.
Exclusionary Rule: Prohibits illegally obtained evidence from being used in court.

Current Status: 37 states permit the death penalty, with legal limits on appeals established by the 1996 Anti-Terrorism and Effective Death Penalty Act.
DNA Testing: Has led to the exoneration of numerous wrongfully convicted death row inmates, raising questions about the validity of the death penalty.