Civil Liberties specific individual rights constitutionally protected from government o Found primarily in the Bill of Rights Originally applied only to actions by the federal government not always the Civil Liberties infringement states Selective Incorporation o Process began following the civil war starting with the 14th amendment o Selective Incorporation process of Supreme Court making rights in the Bill of Rights applicable to states actions 2 essential clauses from the 14th amendment Due Process Clause or property without due process of law Equal Protection Clause jurisdiction the equal protection of the laws no state shall deprive any person of life liberty no state shall deny to any person within its 1st Amendment o Freedoms included Speech Press Assembly Petition o Protected Forms of Expression Symbolic Speech act that conveys political message Flag burning Hate speech o Test for Limiting Expression KKK and Westboro Baptist Church Can t yell fire in a theater Imminent Lawless Action and is likely to induce such an action Clear and Present Danger limits speech if it threatens national security limits speech if it both aims at inciting lawless action Related to lawless action assemblies may be restricted if harm is likely and there is no alternative way to prevent harm o Obscenity Not protected under the 1st Amendment Subject to 3 part test that is derived from Miller v California 1973 1 material must depict sexual conduct in a patently offensive way 2 the material must be precisely described in law as obscene 3 the material taken as a whole must appeal to prurient interest and have no redeeming social value o Slander and Libel Not protected under 1st amendment false information that is published Libel false information that is spoken Slander Injured parties have a right to sue Difficult to prove since speech must have actual malice o Freedom of the Press Prior Restraint press cannot be censored prior to publication Exception wartime reporting After publication press can be punished for obscene or libelous material o Freedom of Religion 2 Important Clauses Establishment Clause establishment of religion Congress shall make no law respecting an o Popular principle is wall of separation between church and state From private letter of Thomas Jefferson and not Constitution o Accommodation Doctrine government can aid religious activity if it does not show preference and assistance is secular in nature clause derived from Lemon v Kurtzman 1971 test to see if statues violate the establishment o Lemon Test Secular legislative process Effect must neither advance nor inhibit religion An excessive government entanglement with religion is not permitted Free Exercise Clause exercise of religion free to hold any religious belief and free to practice as long as it does not conflict with law Congress shall make no law prohibiting the free o Examples of conflicts Polygamy Peyote Compulsory vaccinations 2nd Amendment o The Right to Bear Arms For some time this right was not selectively incorporated just became so recently 2 Key Supreme Court Decisions Washington D C v Heller 2008 clarified general right to own a handgun McDonald v Chicago 2010 selectively incorporated 2nd Amendment o The Right to Privacy NOT EXPLICIT IN THE CONSTITUTION Griswold v Connecticut 1965 set precedent State couldn t interfere with married couples use of contraception 2 significant applications Right of Privacy inferred from penumbras shadows of provisions in the Bill of Rights Roe v Wade 1973 granted Constitution protection for abortions for 1st 6 months of the pregnancy Lawrence v Texas 2003 struck down state anti sodomy laws procedures authorities must follow before a person can Rights of Persons Accused of Crimes o Procedural Due Process lawfully be punished for an offense Constitutional Bias Article 1 section 9 Writ of Habeas Corpus one must be brought before a judge to be told the reason for their legal detention 5th Amendment o Get phrase Due Process of Law o Cannot be compelled to be a witness against oneself plead o Protection from Double Jeopardy being prosecuted twice for the 5th the same offense o 4th Amendment Forbids unreasonable searches and seizures Requires probable cause for warrants o 5th Amendment and Miranda Rights Miranda v Arizona 1966 Police cannot interrogate without first notifying one of the right not to self incriminate Right to a Fair Trail o 5th Amendment right to a grand jury indictment only applies to federal cases states can decide if they want jury or just one judge Right has not yet been selectively incorporated o 6th Amendment speedy public trial before an impartial jury Notification of charges Defense counsel lawyer o Exclusionary Rule forbids use of evidence obtained by violating defendants rights 2 exceptions Good Faith police try to follow but make mistakes Inevitable Discovery o 8th Amendment o Right to Appeal No excessive bail No cruel and unusual punishment NOT IN CONSTITUTION Federal government and all states grant at least 1 appeal
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