Civil Liberties & Rights Lecture Notes Review

Civil Liberties vs. Civil Rights

  • Civil Liberties: Areas of personal freedom constitutionally protected from government interference. These are seen as inherent rights.
  • Civil Rights: Rights afforded to you by the government (e.g., right to a driver's license, right to vote).

God-Given Rights (John Locke)

  • Philosopher John Locke identified rights such as life, liberty, and property as inherent.
  • Civil liberties guarantee freedom of speech, freedom of the press (including commercial speech), freedom to assemble, and freedom to worship.

Writ of Habeas Corpus

  • Not an amendment but written into the Constitution to protect citizens.
  • A court order requiring that an individual in custody be brought to court to show the cause of their detention.
  • Protects against false imprisonment.
  • Judges often work weekends to address these cases.
  • Individuals have the right to see a judge usually within 72 hours of arrest, where the arresting officer must explain the reason for the arrest.
  • Alexander Hamilton initially argued against the Bill of Rights, believing the Constitution already provided protections, including habeas corpus.
  • Hamilton stated, "We declare that things should not be done, which there is no power to do."

Bill of Rights

  • The first ten amendments to the Constitution protect individual citizens from the government.
  • James Madison advocated for the Bill of Rights as a necessary compromise.
  • Federalists vs. Anti-Federalists:
    • Federalists favored the Constitution.
    • Anti-Federalists argued that the lack of a bill of rights was a major flaw.
  • The Bill of Rights was ratified on December 15, 1791.

First Amendment

  • Guarantees that Congress can make no law establishing a religion or infringing on freedom of religious exercise, speech, press, assembly, or petition.
  • First Amendment rights are not absolute. They cannot be used to injure another person or violate someone else's rights.

Selective Incorporation

  • Established in 1937.
  • The process by which the Bill of Rights were incorporated into the Fourteenth Amendment, ensuring protection from state government interference, not just federal.
  • Before selective incorporation, the Bill of Rights only applied to the federal government.

Constitutional Amendments

  • Thirteenth Amendment: Abolishes slavery and involuntary servitude.
  • Fourteenth Amendment: Covers citizenship, due process, and is the vehicle for selective incorporation.
  • Fifteenth Amendment: Grants African American men the right to vote.

Miranda vs. Arizona (1966)

  • Established Miranda rights: the right to remain silent and the right to an attorney.

First Amendment Clauses

  • Establishment Clause: Congress shall make no law respecting the establishment of religion.
    • Maintains separation of church and state.
  • Free Exercise Clause: Protects citizens' rights to believe and practice whatever religion they choose.

Court Cases on Religion (Examples)

  • Van Orden v. Perry: Display of the Ten Commandments outside the state capital did not violate the Constitution.
  • McCreary County v. ACLU of Kentucky: Display of the Ten Commandments inside the courthouses was unconstitutional.
  • Burwell v. Hobby Lobby (2014): The government cannot compel a closely held business to provide birth control for employees against the owner's religious beliefs.

Clear and Present Danger

  • A test to determine whether speech is protected or unprotected.

Hate Speech

  • Protected speech unless it consists of "fighting words" that incite physical violence.
  • Burning the American flag is protected speech.

Student Speech

  • Protected if done properly and does not violate school conduct rules.
  • Morse v. Frederick (2007): A school could suspend a student for displaying a banner promoting illegal drug use ("Bong Hits 4 Jesus").

Symbolic Speech

  • Expression made through clothing, gestures, movements, and other nonverbal conduct.

Commercial Speech

  • Protected by freedom of the press under the First Amendment.

Prior Restraint

  • Censorship; an effort by the government to block publication of material.
  • The Constitution generally prohibits prior restraint.

Libel and Slander

  • Libel: Written words that intentionally hurt someone's good character.
  • Slander: Spoken words that intentionally hurt someone's good character; requires a third party.
  • Neither libel nor slander is protected speech.

Pornographic Materials

  • Protected if viewed in the privacy of one's own home.

Second Amendment

  • The right to bear arms.
  • The interpretation of "well-regulated militia" is debated.

Fourth Amendment

  • Protects against illegal search and seizure.

Fifth Amendment

  • Protects against self-incrimination.

Sixth Amendment

  • Guarantees the right to an attorney and the right to a jury trial.

Eighth Amendment

  • Protects against cruel and unusual punishment.

Double Jeopardy

  • You cannot be tried for the same crime in state court if found innocent in the first trial.
  • Federal government can still charge you for the same crime.

Miranda Rights

  • The right to remain silent, etc.

Eminent Domain

  • The right of the government to take private property for public use.

Right to Privacy

  • Covers birth control and, in some states, physician-assisted suicide.