1. Limits on the Government
Civil Liberties
Limits on the Government

2. Civil Liberties

3. Civil Liberties
What are the differences between civil liberties and civil rights?
What civil liberties are stated in the original text of the Constitution?
What civil liberties are stated in the Bill of Rights?
How has the American view of civil liberties changed through history?
 What are some current controversies surrounding civil liberties?

4. Civil Liberties vs Civil Rights
Civil Liberties—constraints upon the power of government vis-a-vis its citizens.
Civil Rights—powers and privileges guaranteed to individuals by government.

5. Protections in the Original Text of Constitution
 Habeas corpus
Bills of attainder
Ex post facto laws

6. Bill of Rights First Amendment Freedom of Religion Freedom of Speech
Freedom of Assembly
Freedom of Press

7. Establishment Clause and Free Exercise Clause
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.

8. Bill of Rights (First Amendment)
Freedom of Religion
"Establishment Clause“
“Wall of Separation”
"Free Exercise Clause”
1993 Religious Freedom Restoration Act

9. Free Exercise of Religion
Religious Freedom Restoration Act
Even laws that do not intend to limit free exercise of religion can result in doing so
Laws should not burden the free exercise of religion unless it furthers a “compelling government interest”
Laws should only do so in the “least restrictive manner possible.”

10. Bill of Rights (First Amendment)
"Lemon Test“ (Lemon v Kurtzman 1971)
1. Secular legislative purpose;
2. Neither advancing or inhibiting religion
3. No "excessive government entanglement" with religion

11. Bill of Rights (First Amendment)
Freedom of Speech
Obscenity and "community standards"
Buckley v. Valeo 1976
Citizens United v. F.E.C. 2010
Libel (written)
Slander (spoken)
"Fighting Words"
"Clear and Present Danger" test

12. Bill of Rights (First Amendment)
Freedom of Assembly
“Speech Plus”
Freedom of Press
“No Prior Restraint”
Near v. Minnesota (1931)
Freedom of Information Act

13. Bill of Rights (First Amendment)
Freedom of Religion
Freedom of Speech
Freedom of Assembly
Freedom of Press

14. Bill of Rights Second Amendment "Right to keep and bear arms"
“Well Regulated Militia Clause”
“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.” 
District of Columbia v. Heller (2008)
McDonald v. Chicago (2010)

15. Bill of Rights Third Amendment
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.

16. Third Amendment
“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.”
Griswold v. Connecticut (1965) determined that citizens have a “Zone of Privacy” based in part upon the Third Amendment.

17. Bill of Rights Protections of the Criminally Accused Fourth Amendment
Fifth Amendment
Sixth Amendment
Seventh Amendment
Eighth Amendment
Protections when citizens are most vulnerable to government authority

18. Fourth Amendment Protections of the Criminally Accused
No unlawful search and seizure
Exclusionary rule: courts can exclude from trial any evidence obtained through unlawful search and seizure.

19. Fifth Amendment Protections of the Criminally Accused Fifth Amendment
“Counsel and Self-incrimination”
Double jeopardy
Miranda Rights (Miranda v. Arizona)
Eminent domain

20. Sixth Amendment Protections of the Criminally Accused Sixth Amendment
Speedy trial
Compel witnesses

21. Seventh Amendment Rights of the Criminally Accused Seventh Amendment
Trial by jury in civil cases

22. Eighth Amendment Protections of the Criminally Accused
No cruel and unusual punishments

23. Ninth Amendment
“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

24. Selective Incorporation
Civil liberties limiting the federal government have become limits upon the state governments through the Due Process Clause of the XIV Amendment.
Amendment I
Amendment II
Amendment III
Amendment IV
Amendment V
Amendment VI
Amendment VII
Amendment VIII

25. Privacy Issues Griswold v. Connecticut (1965) Abortion rights
Access to birth control information
 Abortion rights
Roe v. Wade (1973)
 Homosexuality
Bower v. Hardwick (1986)
Lawrence v. Texas (2003)
Recent Controversies
 Euthanasia

26. Post 9-11
USAPATRIOT –(Uniting Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorists Act)
Suspicionless Searches
Data Mining
Gag orders on people turning over records

27. Some thoughts Civil liberties are limits upon the government
Most of our civil liberties were not in the original Constitution but outlined in the Bill of Rights.
Through history our views and the legal impact of civil liberties has changed.
Civil liberties are still controversial.