Slide 1Today’s LectureSlide 3Civil Liberties v. Civil RightsHistorical Context: Bill of RightsThe Bill of Rights DebateSlide 7The Bill of Liberties? Congress shall make no law...Congress shall make no law...Historical Context: Before the Civil War14th Amendment, Section 1:Freedom of ReligionViolations of Civil Liberties?Lemon TestFreedom of SpeechClear and Present Danger TestSlide 17Restrictions on Freedom of SpeechHate SpeechSlide 20Freedom of the PressPOLS 1101:Civil LibertiesINSTRUCTOR: KRISTINA LaPLANTToday’s Lecture•Civil Liberties v. Civil Rights•Historical Context•Federalist v Anti-Federalist Debate•Bill of Rights•Selective Incorporation•Current State of AffairsWHAT DOES CIVIL LIBERTIES MEAN TO YOU?Civil Liberties v. Civil RightsHistorical Context: Bill of RightsTHE ANTI-FEDERALIST CONTRIBUTIONThe Bill of Rights DebateFEDERALISTS•States already had Bill of Rights•Problems with enumeration•The Constitution is a Bill of RightsANTI-FEDERALISTS•Lack of Bill of Rights would make federal government too powerful•No Bill of Rights was a threat to individual liberty•Bill of rights would hold federal government accountable.“Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can.” THE LETTERS OF THOMAS JEFFERSON: TO JAMES MADISON, PARIS, MARCH 15, 1789The Bill of Liberties?Congress shall make no law...1. Freedom of Speech2. Right to Bear Arms3. Quartering of Troops4. Search and Seizure5. Due Process6. Trial by Jury7. Common Law Suits8. Cruel and Unusual Punishment9. Right to Privacy10.Rights Reserved by StateCongress shall make no law...Historical Context: Before the Civil War•Barron v. Baltimore (1833)•14th Amendment•Selective Incorporation14th Amendment, Section 1: All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.Freedom of Religion•Establishment Clause•Free-Exercise ClauseViolations of Civil Liberties?•School prayer•Nondenominational prayer to begin school day•Religious displays on public property•Nativity scene at a court house•Government funding religious schools•A government program that funds the salaries of teachers at parochial schools to teach secular subjectsLemon Test•Secular Purpose•Cannot advance or inhibit religion•Excessive entanglementFreedom of Speech•Schenck v. U.S. (1919)•Distributing anti-conscription leaflets•Gitlow v. New York (1925)•Inciting working-class uprising in the name of Socialism•Tinker v Des Moines (1969)•Students wear black armbands in high school to protest the Vietnam WarClear and Present Danger Test "The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that the United States Congress has a right to prevent. It is a question of proximity and degree. When a nation is at war, many things that might be said in time of peace are such a hindrance to its effort that their utterance will not be endured so long as men fight, and that no Court could regard them as protected by any constitutional right." -Justice Oliver Wendall Holmes, Jr.THERE ARE NO ABSOLUTESRestrictions on Freedom of Speech•Fighting Words•Obscenity•Screaming “Fire!” in a crowded movie theaterHate SpeechWhy is this type of speech protected?Protected v. Unprotected Speech and Expression: Where’s the Line?Freedom of the Press•Prior Restraint•Near v. Minnesota (1931)•Can States bad scandalous newspapers?•NYT v. US (1971)•Can the government restrict news publication of classified government documents relating to war