Civil Liberties and Constitutional Rights

Civil Liberties

  • Civil Liberties - Definition

    • Civil liberties refer to the fundamental rights and freedoms guaranteed to individuals, primarily to limit the powers of the national government from infringing on the rights and liberties of citizens.

  • Barron v. Baltimore (1833)

    • Early interpretations of the Constitution primarily focused on property rights, contracts, and economic liberty.

  • 14th Amendment Changes Everything

    • Ratified in 1868, it was originally designed to guarantee citizenship rights to newly freed slaves.

    • The amendment accomplishes three main goals:

    1. Citizenship: Establishes that all persons born or naturalized in the United States (predominantly males) are citizens of both the U.S. and the state they reside in.

    2. Privileges and Immunities Clause: Protects citizens from deprivation of rights.

    3. Due Process Clause: Ensures fair treatment through the judicial system.

  • 1925: Gitlow v. New York

    • Marks a pivotal moment for civil liberties as it introduces the doctrine of Selective Incorporation, where the Bill of Rights is made applicable to the states through the 14th Amendment.

  • Selective Incorporation

    • Addresses whether every amendment in the Bill of Rights has been incorporated to state action.

    • The standard for selective incorporation includes:

    1. Ordinary Scrutiny: Applicable in most cases.

    2. Intermediate Scrutiny: Requires the government to show an important interest.

    3. Strict Scrutiny: Applied to laws that infringe on fundamental rights, requiring a compelling governmental interest.

Freedom of Speech

  • Clear and Present Danger

    • Originated from Schenck v. United States, where speech presenting a clear and immediate danger can be restricted.

  • Fighting Words

    • Defined in Brandenburg v. Ohio which set forth the Direct Incitement Test, determining whether the advocacy of illegal action is directed to inciting or producing imminent lawless action and is likely to produce such action.

  • Offensive Speech

    • Discussed in Snyder v. Phelps (2011), which ruled that even speech that causes substantial offense is protected under the First Amendment.

  • Hate Speech

    • Addresses questions surrounding the legal protections of hate speech.

  • Verbal Speech

    • Evaluated in Texas v. Johnson (1989), where the Supreme Court ruled that burning the American flag is a form of symbolic speech protected by the First Amendment despite Congress enacting the Federal Flag Protection Act of 1989 deeming it a crime.

Freedom of Assembly

  • Peaceable Assembly

    • The right to peaceably assemble is guaranteed, yet governments retain the authority to regulate the time, manner, and place of assemblies, provided that such regulations are neutral.

    • Examples of regulations include:

    • Whether a particular group is allowed to march.

    • Banning picketers from protesting in front of an individual's home.

    • Denying a group the right to protest on a specific day.

Freedom of the Press

  • Obscenity vs. Pornography

    • Pornography is a non-legal term, while obscenity is the legal definition of offensive acts or language, generally of a sexual nature, with no redeeming social value.

    • Miller v. California (1973) established the Miller test for obscenity, which includes three parts:

    1. The average person, applying contemporary community standards, would find that the work, taken as a whole, appeals to the prurient interest.

    2. The work depicts or describes, in a patently offensive way, sexual conduct specifically defined by applicable state law.

    3. The work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

  • Slander vs. Libel

    • Slander: Oral defamation.

    • Libel: Written defamation.

  • Prior Restraint

    • Refers to governmental actions preventing material from being published. The Pentagon Papers case (NY Times v. United States) exemplifies the complications surrounding prior restraint in media.

  • Commercial Speech

    • Recognizes some protection under the First Amendment, differentiating it from non-commercial speech.

Freedom of Religion

  • Free Exercise Clause

    • Congress cannot prohibit or interfere with the ability to practice religion, encompassing both belief and actions.

  • Establishment Clause

    • Noted in Engle v. Vitale (1962) and Lemon v. Kurtzman (1971) which introduced the Lemon Test to assess government involvement in religion.

    • Topics include school prayer and recent rulings like Kennedy v. Bremerton School District (2022).

Second Amendment - Guns, Guns, Guns

  • Historical Context

    • The 2nd Amendment was added to the Constitution to prevent Congress from disarming state militias.

    • Until the 1920s, very few laws were imposed regarding firearms.

  • Milestones in Gun Legislation

    • 1935 National Firearms Act: Regulated gun ownership and trade.

    • US v. Miller (1939): Clarified the scope of the Second Amendment.

    • District of Columbia v. Heller (2008): Affirmed the individual's right to possess firearms unconnected with service in a militia.

    • McDonald v. Chicago (2010): Incorporated the Second Amendment to the states through the 14th Amendment.

    • New York State Rifle & Pistol Association v. Bruen (2022): Struck down over a 108-year-old handgun licensing law in New York, impacting “may issue” laws across the country; permits require average citizens to demonstrate no “special need” to own firearms.

Fourth Amendment: Rights Against Unreasonable Searches and Seizures

  • Mapp v. Ohio (1961)

    • Established the Exclusionary Rule, which prevents illegally obtained evidence from being used in court.

Fifth Amendment

  • Uses and Abuses

    • Discusses rights surrounding self-incrimination, double jeopardy, and the right to due process.

    • Example: Miranda v. Arizona (1966): Established Miranda rights advising individuals of their rights upon arrest.

Sixth Amendment

  • Rights Concerning Criminal Prosecutions

    • Guarantees the right to a speedy and public trial, an impartial jury, and the right to be informed of the nature and cause of accusations.

    • Includes the right to confront witnesses and to have compulsory process for obtaining witnesses.

    • Also, the right to Assistance of Counsel for one's defense, which has evolved since 1963, initially granted only in death penalty cases for poor defendants.

Eighth Amendment: Cruel and Unusual Punishment

  • The Eighth Amendment addresses the prohibition of cruel and unusual punishments.

    • Historically, challenges to this amendment were limited until the 1960s.

    • Key cases include:

    • Furman v. Georgia (1972): Addressed the arbitrary nature of the death penalty.

    • Gregg v. Georgia (1976): Upheld the constitutionality of the death penalty under certain guidelines.

Right to Privacy

  • Existence in Constitution

    • The right to privacy is not explicitly stated in the Constitution but is inferred through various amendments, referred to as penumbras of rights created by the judiciary.

  • Landmark Cases

    • Griswold v. Connecticut (1965): Affirmed the right to privacy in contraceptive choices.

    • Roe v. Wade (1973): Established a woman's legal right to abortion based on the right to privacy.

    • Changes in abortion rulings leading up to Dobbs v. Jackson Women's Health Organization (2022), which overruled Roe v. Wade and reverted regulation to states.

    • The Hyde Amendment and subsequent rulings such as Webster v. Reproductive Health Services (1989) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992) navigated the complex relationship between state regulation and women's rights to abortion.