Slide 1Civil Liberties and Civil RightsCivil Liberties and Civil RightsCivil Liberties and Civil RightsBill of RightsThe Bill of Rights (Cont.)Freedom of ExpressionRights of Persons Accused of CrimesFreedom of ReligionThe Right of Privacy The idea of a constitutional penumbraAbortion and the Right to PrivacyNextCivil LibertiesConstitutional guarantees that protect citizens, opinions, and property against arbitrary government interference.Civil Liberties and Civil RightsCivil Liberties – By virtue of being human, all individuals are in possession of certain natural rightsCivil liberties are rights that cannot be restricted by government regardless of ethnicity, gender or citizenshipThat used to not be the case because of the limited view of who was considered humanThe story of the Constitution can be seen as a story of inclusion as different groups have been afforded protectionPropertied men, men, women, ethnic minorities, 18 – 21 year olds.Civil Liberties and Civil RightsCivil Rights - By virtue of being human, all individuals are in possession of certain natural rightsTo enjoy the full benefits of citizenship, individuals have to be able to be able and allowed to be full participants in societyIn the democratic sense they have to be able participate through voting and other forms of democratic participationIn the economic sense, they have to be protected against unfair discriminationCivil Liberties and Civil RightsWhat’s the difference between the two?A good shorthand way to remember the difference between civil liberties and civil rights is to distinguish betweenCivil Liberties – the freedom “from”Civil Rights – the freedom “to”First, Civil Liberties…..Bill of RightsAmendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Amendment IIA well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed. Amendment IIINo soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.The Bill of Rights (Cont.)Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. Amendment VIIIn suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.Freedom of Expression The Early Period: The Uncertain Status of the Right of Free ExpressionThe Modern Period: Protecting Free ExpressionFree SpeechPress Freedom and Prior RestraintFree Expression and State GovernmentsThe Fourteenth Amendment and Selective IncorporationSelective Incorporation – using the Fourteenth Amendment to make the Bill of Rights applicable to the statesLimiting the Authority of States to Restrict ExpressionLibel and SlanderObscenityRights of Persons Accused of CrimesSelective Incorporation of Procedural RightsLimits on the State’s PowersThe Exclusionary RuleHabeas Corpus AppealsRights and the War on TerrorismDetention of Enemy CombatantsSurveillance of Suspected TerroristsFreedom of Religion The Establishment ClauseCongress shall make no law respecting an establishment of religion The Free-Exercise Clauseor prohibiting the free exercise thereof The "establishment of religion" clause of the First Amendment means at least this: - Neither a state nor the federal government can set up a church. - Neither can pass laws to aid one religion, aid all religions, or prefer one religion over another. - Neither can force nor influence a person to go to or to remain away from church against his will or force him to profess a belief or disbelief in any religion. - No person can be punished for entertaining or professing religious beliefs or disbeliefs, for church attendance or non-attendance. - No tax in any amount, large or small, can be levied to support any religious activities or institutions, whatever they may be called, or whatever form they may adopt to teach or practice religion. - Neither a state nor the Federal Government can, openly or secretly, participate in the affairs of any religious organizations or groups and vice versa. In the words of Jefferson, the