Civil Liberties

Civil Liberties: Definition

• Personal freedoms (expressed and implied) that are protected for all individuals and that generally deal with individual freedom

– Civil liberties prevent the government from infringing on the rights of its citizens

• Civil liberties are spelled out in the Bill of Rights

– However, they are intentionally vague

• We look the courts to interpret these rights

Freedom of Religion

• Establishment Clause

– A “wall of separation between Church and State”

• Aid to religious schools

– Lemon Test:

• Government must avoid excessive entanglement with religion

• State aid cannot advance or inhibit religion

– School vouchers?

– School prayer?

Freedom of Expression

• Free speech and symbolic speech

• Restrictions:

– Libel and slander laws

– Clear and Present Danger rule

• Inciting a riot

• “Fire”

– Prior restraint

• Restraining an action before it even occurs (censorship)

• Prior restraint is usually struck down by Sup. Court

Obscenity

• Supreme Court has ruled on this

– If material deals with sex and violates community standards, then it can be considered obscene

• Are all community standards the same?

• What about obscenity on the Internet?

Hate Speech

• Definition: Abusive speech attacking a person on the basis of ethnicity, race, gender, sexual orientation, etc.

• Does restricting hate speech restrict violence?

– Some colleges say yes, and have created speech and behavior codes for students, faculty, and staff

– Supreme Court says that these codes are unconstitutional

Other “Rights”

• Right to Privacy

– Not mentioned anywhere in the Constitution

– Supreme Court argues that this right is implied in the Constitution

• This implied right is the basis for Roe v. Wade decision

– Privacy is becoming an even bigger issue in the Information Age

Due Process and Fair Treatment

• Defendant rights and limits on the state

– No illegal search and seizure

• Search warrants

– No coerced confessions

– Fair and public trial

– Adequate counsel

– Miranda rights

– “Exclusionary rule:

• Only evidence gathered legally is admissible

Civil Liberties in Wartime

• Should civil liberties be restricted in wartime?

– Where do we draw the line?

• Racial Profiling

• Internment of the Japanese during WWII

• Civil liberties in the wake of September 11^th, 2001

– PATRIOT ACT

PATRIOT Act

• Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act

– “Many parts of this sweeping legislation take away checks on law enforcement and threaten the very rights and freedoms that we are struggling to protect. For example, without a warrant and without probable cause, the FBI now has the power to access your most private medical records, your library records, and your student records... and can prevent anyone from telling you it was done.” - ACLU