1. AP U.S. GOVERNMENT & POLITICS – Civil Liberties

2. What are “Civil Liberties”?
Constitutional protections against government
denial of individual freedoms.
Basic individual freedoms found in . . .
The Bill of Rights (1st 10 Amendments).
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

3. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Bill of Rights
1st Amendment . . .
Freedom of Religion
Freedom of Speech
Freedom of Assembly
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

4. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Bill of Rights
2nd Amendment . . .
The right to bear arms
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

5. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Bill of Rights
4th, 5th, 6th & 8th Amendments . . .
~ Rights of Defendants
~ Searches & Seizures
~ Self-Incrimination
~ Right to Counsel
~ Trials
~ Cruel & Unusual Punishment
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

6. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
A Key Question
Does the Bill of Rights apply to States?
1st Amendment begins . . .
“Congress shall make no law respecting an establishment of religion Etc.”
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

7. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
A Key Question
Does the Bill of Rights apply to States?
Barron v. Baltimore (1833)
Held that the Bill of Rights only restrains the federal government, not the states
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

8. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
A Key Question
Does the Bill of Rights apply to States?
Gitlow v. New York (1925)
Benjamin Gitlow was a member
of the Socialist Party of America
Was involved in publishing
The Revolutionary Age &
Left Wing Manifesto
Arrested under the Criminal Anarchy Law of New York
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

9. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
A Key Question
Does the Bill of Rights apply to States?
Gitlow v. New York (1925)
Held that the 1st Amendment freedoms of press and speech are “protected by the due process clause of the 14th Amendment from impairment by the states”
But the Supreme Court upheld his conviction stating that the government could suppress speech that advocated the unlawful overthrow of the government
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

10. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
A Key Question
The 14th Amendment (1868)
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States nor shall deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

11. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
A Key Question Answer
The Incorporation Doctrine
Legal concept under which the Supreme Court has applied most of the Bill of Rights to the states . . .
through the 14th Amendment
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

12. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Freedom of Religion
The Establishment Clause
Congress shall make no law respecting an establishment of religion . . .
Jefferson argued that a
“wall of separation”
prevented government
support of religion
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

13. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Freedom of Religion
Lemon v. Kurtzman (1971)
Aid to church-related schools must:
~ Have a secular legislative purpose
~ Have a primary effect that neither advances nor inhibits religion
~ Not foster an excessive government entanglement with religion
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

14. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Freedom of Religion
Zelman v. Simmons-Harris (2002)
Court held that a state could provide vouchers to help parents pay for tuition at religious schools.
Engel v. Vitale (1962)
Court held that state officials violated the 1st Amendment when they wrote a prayer to be recited by New York schoolchildren.
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

15. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Freedom of Religion
“the place of religion in our society is an exalted one but in the relationship between man and religion, the State is firmly committed to a position of neutrality”
Court does not require complete separation of Church & State instead mandates accommodation of all religions and forbids hostility toward any
Constitution forbids government endorsement of any specific religious beliefs
Dilemma = drawing a line between neutrality / accommodation and promotion
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

16. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Freedom of Religion
The Free Exercise Clause
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof . . .
= tolerance of religious views
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

17. AP U.S. GOVERNMENT & POLITICS – Civil Liberties
Freedom of Religion
Generally courts accept the right to believe whatever people want.
However, the courts and legislatures may restrict practices:
Examples:
Use of peyote (drugs)
Polygamy (multiple spouses)
What about Animal sacrifice?
What about Teen sacrifice?
AP U.S. GOVERNMENT & POLITICS – Civil Liberties

18. AP U.S. GOVERNMENT & POLITICS - Constitution
Reading
Government Text: Pages
Introduction – 102
The Bill of Rights – 104
Freedom of Religion – 110
AP U.S. GOVERNMENT & POLITICS - Constitution