FRQ #3.4 (Civil Liberties)

The Bill of Rights

First ten amendments to the Constitution guarantees the civil liberties of individuals and places limits on the government's power. Bill of Rights added as a compromise with Anti-Federalists—the amendments limited the power of the new national government.

Civil Liberties

Freedoms upon which the government may not infringe. In general, civil liberties are often seen as "natural rights."

Civil Rights

Rights granted by the government (protection from discrimination)

Campaign Finance Laws

The 1st Amendment also protects the rights of candidates and groups to spend campaign money. - Buckley v. Veleo (1976) - Citizens United v. FEC (2010)

Assembly

• Citizens have a right to gather in public (generally to protest or voice concerns). • Purpose: Allows citizens to show support for causes and beliefs (parades, picketing, marches). Allows interest groups to exist. • Nazi Party of America v. Village of Skokie (1977): Court rules that Nazis have a right to hold a parade through a village with a large Jewish population. • Limits: - Time/Place/Manner - Need for permit - Curfews

Speech Limits

• Clear and Present Danger - does not protect statements that are said to provoke violence or illegal activities—Schenck v. United States (1919) • Fighting Words - does not protect statements that are used as threats— Chaplinsky v. New Hampshire (1972) • Libel & Slander - does not protect people from telling lies that damage a person's reputation. Difficult to prove—New York Times v. Sullivan (1964). • Obscenity - does not protect "obscene" content—Miller v. California (1973) • Time, Place & Manner - does not protect people from using excessive noise during certain times/places.

2nd Amendment

• Commonly know as "The right to bear arms". • The Supreme Court recently ruled that the right to bear arms is an individual, not a collective right, and that D.C., nor states, could not ban all handguns. - D.C. v. Heller (2008): Court ruled that D.C. can't ban all handguns. - McDonald v. Chicago (2010): Court ruled that states and cities can't ban handguns. This case incorporated the 2nd Amendment.

"Selective Incorporation"

• Not every amendment in the Bill of Rights has been applied to the states. • The 1st, 2nd, 4th, 5th, 6th, and 8th Amendments have been applied to the states. • The application of some, but not all, of the Bill of Rights is called "selective incorporation". • 2 nd Amendment was only incorporated in 2010 in the case of McDonald v. Chicago.

Religion

• Often referred to as the "Separation of Church and State" • Two Parts— 1.) Establishment Clause: Government may not create an "official" religion or endorse religion (Lee v. Weisman (1992) Court rules that school officials can't invite clergy to recite prayers at graduation) 2.) Free Exercise Clause: Government may not prevent you from practicing your own religion (Reynolds v. United States (1878) Court rules that banning polygamy doesn't violate free exercise clause.)

1st Amendment Freedoms

• Religion: government may not establish an official religion or interfere with the free exercise of religion. • Speech: Individuals are free to express their beliefs and opinions. • Press: The press is free to publish information, including that which criticizes the government. • Assembly: Individuals may peacefully gather. • Petition: Individuals have the freedom to make their views known to public officials.

Petition

• Right to Petition: Citizens have a right to file grievances with the government. • Purpose: Although often overlooked, the right to petition is key in protecting other civil liberties. • Limits: - Very few limits on the right to petition. - Lobbying reform (can't give gifts to public officials to influence decisions)

Supreme Court

• The Supreme Court often interprets the vague language in the Bill of Rights. • None of your rights in the Bill of Rights are absolute -- Supreme Court cases often determine the boundaries of civil liberties. - Example: Tinker v. Des Moines established that students have 1st Amendment rights when they are in school as long as the words and actions don't disrupt the educational environment.

Incorporation Doctrine

• The application of the Bill of Rights to the states is known as "Incorporation." • When written, the Bill of Rights applied to Congress (the federal government). - Barron v. Baltimore (1833) Court rules the Bill of Rights only applies to the national government. • In the late-1890s, the Supreme Court started applying the Bill of Rights to the states by applying the due process clause in the 14th Amendment. - Gitlow v. New York (1925) Court rules that 1st Amendment freedom of speech and press apply to the states.

Speech

• The freedom of speech has been interpreted to include all forms of expression: spoken words, images, and "symbolic speech" • The courts have decided that certain public interests (national security, justice & personal safety) override freedom of speech. • The incredible lengths that we go today to protect free speech has not always been the case (Alien and Sedition Acts) • Students do have a right to free speech in school based on Tinker v. Des Moines (1969) as long as it doesn't disrupt the educational environment.

Press

• The press can decide what to publish. • Purpose: Allows press to investigate and criticize the government. (Watchdog) • Limits: - Can not reveal secrets that would place country in danger (location of troops) - Libel (newspapers) and slander (television, radio) • New York Times v. United States (1971): Supreme Court rules New York Times has the right to publish the papers. Classified documents can be printed in the press if the information is related to the public interest.