Civil Liberties

Civil Liberties

Overview of 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 and State Governments

• 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.

Application of the Bill of Rights

• 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.

Freedom of Religion

• 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.

Establishment Clause Interpretation

• 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.

Free Exercise Clause

• 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.

Freedom of Expression

• 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 Expression

• 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.

Unprotected Speech

• 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.

Freedom of the Press

• 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.

Rights of Assembly and Petition

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

Rights of the Accused

• 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.

The Bill of Rights and the Accused

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

The Death Penalty Today

• 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.