1. “A Bill of Rights is what the people are entitled to against every government on earth, general or particular, and what not just government should refuse, or rest on inference.” -TJ
CIVIL LIBERTIES

2. CIVIL LIBERTIES Interpreted by courts and legislature
US Constitution (1789) failed to enumerate individual freedoms
Bill of Rights (1791) - Protects individual freedoms from government intrusion
Interpreted by courts and legislature
CIVIL LIBERTIES – the protections the Constitution provides against the abuse of government power
LIMITS GOVERNMENT POWER TO PROTECT INDIVIDUAL ACTION

3. BILL OF RIGHTS At first applied to federal rights but not states
“CONGRESS SHALL MAKE NO LAW…”
First eight Amendments guarantee the federal gov will not trample on certain individual liberties
Altered over time
14th Amendment nationalized Bill of Rights - INCORPORATION DOCTRINE
Prevented state gov. officials from abusing people’s liberties
Only applied as restrictions to federal government
In an effort to protect newly freed slaves, the amendment and latter interpretation affected everyone

4. CONFLICTING INTERESTS
Constitution and Bill of Rights contain competing rights and duties
Articles of Constitution: what federal gov. can do
Bill of Rights: what federal gov. can’t do
FREEDOM V. ORDER V. LIBERTY
Tiger Woods has the right to privacy, but the media can blast him with rumors
KKK can march through DC to freely express themselves…but not without a permit to keep the peace

5. 14th AMENDMENT
5 sections, only two currently important (first and fifth):
1) All persons born or naturalized in the US, and subject to jurisdiction thereof, are citizens of the US and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction they equal protection of laws
DUE PROCESS CLAUSE
EQUAL PROTECTION CLAUSE
5) The Congress shall have power to enforce, by appropriate legislation, the provisions of this article

6. SELECTIVE INCORPORATION
Incorporation Doctrine: Process of applying Bill of Rights to states
Most, but not all, applied
Supreme Court could examine citizens' rights on a (selective part) case-by-case basis and employ the protections afforded by the Bill of Rights as needed

7. SIGNIFICANT CASES 1833 Barron v. Baltimore 1925 Gitlow v. New York
Bill of Rights does not apply to states
1925 Gitlow v. New York
Bill of Rights DOES apply to states!
First Amendment protected by due process clause of 14th Amendment
Upheld conviction
Began selective incorporation

8. 1st AMENDMENT
“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 redress of grievances”

9. 1st AMENDMENT: RELIGION
ESTABLISHMENT CLAUSE
Congress shall make no law respecting the establishment of a religion
Courts may not favor one religion
Maintain a “wall of separation”
FREE EXERCISE CLAUSE
Prohibits the abridgement of citizens’ freedom to worship, or not, as they please

10. LEMON V. KURTZMAN (1971)
Established the LEMON TEST

11. FREEDOM OF SPEECH
Preferred position doctrine – fundamental to other freedoms and provide basis for other liberties.
Types of speech: pure, speech plus, symbolic
Not automatically protected:
Libel (oral = slander) – defamation
False information that can greatly harm a person’s reputation
TRUE statements have FULL constitutional protection

12. “SCHOOL SPEECH”
On-campus speech which is neither obscene, vulgar, lewd, indecent or plainly offensive nor advocating illegal drugs at a school-sponsored events, Tinker applies limiting the authority of schools to regulate the speech, whether on or off-campus, unless it would materially and substantially disrupt classwork and discipline in the school.

13. 1973 Court classified what is “obscene”
1. The work, taken as a whole, appealed “to prurient interest in sex.”
2. The work showed “patently offensive” sexual conduct that was specifically defined by an state obscenity law
3. The work, taken as a whole, lacked “serious literary, artistic, political or scientific value.”
Local standard: “Reasonable person” – someone whose outlook is broad enough to evaluate the material on its overall merit rather than its most objectionable feature
Average person

14. Warren Court ( )

15. Warren Court (1953-1969) Engel v. Vitale New York Times v. Sullivan
Brandenburg v. Ohio
Tinker v. Des Moines
Mapp v. Ohio
Miranda v. Arizona
Gideon v. Wainwright
Brown v. Board of Education

16. RIGHT TO PRIVACY
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.