1. Chapter 19: Civil Liberties: First Amendment Freedoms Section 1

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Objectives
Explain how Americans’ commitment to freedom led to the creation of the Bill of Rights.
Understand that the rights guaranteed by limited government are not absolute.
Show how federalism affects individual rights.
Describe how the 9th Amendment helps protect individual rights.
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Key Terms
Bill of Rights: the first ten amendments added to the Constitution, ratified in 1791
civil liberties: freedoms protected against any unjust actions taken by the government
civil rights: freedoms protected by positive actions taken by the government
aliens: people who are not citizens of the country in which they live
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Key Terms, cont.
Due Process Clause: clause in the 14th Amendment that says no state can take away a person’s life, liberty, or property without due process of law
process of incorporation: the manner in which the Supreme Court has interpreted the guarantees in the Bill of Rights as being part of the Due Process Clause
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Introduction
How does the Constitution protect the rights of individuals against government?
The Constitution guarantees civil rights and civil liberties to the American people.
Many of these rights and liberties are protected by the Bill of Rights and the 14th Amendment.
What is the difference between CR and CL?
Who can explain the original purpose of the 14th Amendment? What does the 14th Amendment have to do with the Bill of Rights?
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Key Documents
The Declaration of Independence states that all men have unalienable rights and that governments exist to protect these rights.
The Preamble to the Constitution states that purpose of the American government is to “secure the blessings of Liberty” to the people.
Articles I and III of the Constitution guarantee many key rights.
All men are created equal and are born with rights that no government can take away.
People felt closer to their state governments and trusted them, however, many had state churches and limits on speech, did not recognized some rights of due process.
Protection of Liberty and Property were seen as the role of government
Article I, Section 9 expresses - the Writ of Habeas Corpus; Ex Post Facto Laws; Bills of Attainder; no titles of Nobility
Article III - Trial by jury (5th and 6th Amendments and 14th Amendments(states)
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The Bill of Rights
Constitution was ratified in 1789
Bill of Rights was ratified in 1791.
Viewed as and essential part of the Constitution.
James Madison (right) authored the Bill of Rights.
Why did the Federalists and Anti-federalists argue over adding a Bill of Rights to the Constitution?
Which amendment guarantees rights that are not already mentioned?
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8. Civil Rights and Liberties
Civil liberties can be thought of as freedoms protected from possible government abuse.
Civil liberties include freedom of religion, speech, and the press as well as the right to a fair trial.
Civil rights can be thought of as freedoms defended by government or freedom to equal protection and due process by all citizens
Civil rights include laws banning discrimination.
Civil Liberties - Freedom from the Central Government from having fundamental rights denied. Protects against governmemt
Guarantee safety of persons, opinions and property
Civil Rights - Freedom to: Expressed best in the 14th Amendment. Extended all ‘privileges and immunities’ as well as all fundamental rights regardless of race. Equal Protection clause (all rights guaranteed to citizens the state constitutions) and Due Process Clause (No State can deprive any person of life, liberty, or property without due process of law.) gives men of different races the same protections, privileges and immunities as all white citizens.
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Relative Rights
A U.S. citizen’s rights may not infringe upon the rights of others.
For example, the right to free speech does not protect obscene language.
Rights often conflict with each other.
The courts must then decide whose rights should be upheld.
Conflict between these two fundamental guarantees - Sheppard v. Maxwell
Freedom of the press (to report details of an upcoming trial including evidence against Dr. Sheppard), and Right to a fair trial
expressed in the 6th Amendment.
Right to Property vs. Equality of Opportunity - Civil Rights Act Why do you think the Court ruled in favor of African
Americans to have equal access to both public accommodations and private businesses? Promotes Commerce such as Tourism (Power of Congress to regulate interstate commerce)
Blaring music late at night is not a right because it infringes on the rights of others.
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Whose Rights?
Most constitutional rights extend to all people in the United States, including aliens, or non- citizens.
However, certain rights of aliens, such as freedom of travel, can be restricted.
During wartime these restrictions may increase.
For example, in World War II people of Japanese descent were forced to relocate to internment camps.
NOTE TO TEACHERS: The Japanese internment during WW II was ruled constitutional by the Supreme Court, but the U.S. government eventually apologized and paid damages($20,000) to each living person who had been relocated to the internment camps.
Recognized that internment was unnecessary and caused tremendous economic harm to the Japanese Americans. After 9/11, the thought of creating internment camps would have seemed to most Americans to be unfair and unconstitutional.
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Federalism
The Bill of Rights, originally, only applied to the actions of the federal government, not the state governments.
Today all state constitutions contain a bill of rights to protect the most of the freedoms expressed in the Bill of Rights
The 14th Amendment extends these basic rights to the citizens of every state.
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The 14th Amendment
The 14th Amendment includes a Due Process Clause. The Supreme Court has ruled that this clause means no state can deny any person their basic rights and liberties.
Through the process of selective incorporation, most of the protections in the Bill of Rights have become binding upon the states.
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Gitlow v. New York, 1925
Checkpoint: Why is the case Gitlow v. New York important?
New York state convicted Benjamin Gitlow of criminal anarchy
urged people to overthrow the government.
The Supreme Court upheld the conviction, but
ruled that the 1st Amendment right to free speech also extended to the states
based upon the wording of the14th Amendment.
Checkpoint Answer: The Gitlow v. New York (1925) ruling began the process of incorporation by which many of the freedoms guaranteed in the Bill of Rights were also deemed to be protected in the states under the 14th Amendment.
Other Landmark Cases: Stromberg v. California (1931)- red communist flag
- Tinker v. Des Moines Independent Comm. School District (1969) black armbands
Near v. Minnesota (1931) - prior restraint
- New York Times Co. v. U.S. (1971) - Pentagon Papers
Cantwell v. Connecticut (1940) - Jehova's Witnesses
Schenk v. U.S. Clear and Present Danger
Brandenburg v. Ohio (1969) - Direct Incitement Test - Imminent Lawless Action
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The 9th Amendment
The 9th Amendment declares: people have rights beyond those listed in the Constitution.
The Supreme Court determined that some of these unlisted rights include:
The right of a person not to be tried on the basis of unlawfully gained evidence (exclusionary rule)
The right of a woman to choose to have an abortion and take contraception
Court established and recognized the right to privacy
Imposed the exclusionary rule - in Weeks v. U.S. and incorporated the exclusionary in Mapp v. Ohio ) Warren Court
- exceptions to this rule - eventual discovery and good faith exceptions (nothing is absolute) Burger and Rehnquist Courts
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Review
Now that you have learned how the Constitution protects the rights of individuals against government, go back and answer the Chapter Essential Question.
How can the judiciary balance individual rights with the common good?
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