1. American Civil Liberties and Civil Rights

2. Sources of Civil Liberties
Bill of Rights
Original purpose
Content
Fourteenth Amendment
Selective Incorporation

3. The Fourteenth Amendment
“…nor shall any State 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.”
Due Process clause:

5. Freedom of Religion
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof,…”
Establishment Clause
Purpose
Examples:
Lemon v. Kurtzman – secular legislative purpose, primary effect neither advances nor inhibits religion, not foster excessive entanglement
Engel v. Vitale
Creationism / intelligent design
Public displays

6. Freedom of Religion Free Exercise Clause Purpose Examples
Previous standard: “narrowly tailored and in pursuit of a compelling interest”
Employment Division v. Smith – abandon compelling interest standard for indirect effect on religion (peyote case)
Polygamy
Jewish yarmulke v. uniform
Amish
Jehovah’s Witnesses

7. Freedom of Speech and Press
Restrictions allowed in case law:
“Clear and Present Danger” restrictions
Defamation = libel (written), slander (spoken)
NY Times v. Sullivan
Obscenity
Miller v. California: prurient interest, “patently offensive” sexual conduct defines under law, lacks serious literary, artistic, political or scientific value
Symbolic speech
Tinker v. DesMoines
Texas v. Johnson

8. Freedom of Speech and Press
Time, place, and manner restrictions
Commercial Speech
FTC
Bans speech related to unlawful activities
Bans misleading claims
Standard: “advance a substantial gov’t interest and be no more extensive than necessary”

9. Freedom of Speech and Press
Broadcasting
FCC
More interference than print media as are limited # of frequencies
Cable v. network
Profanity
US v. Playboy (2000) – “narrowly tailored to fit a compelling government interest” and “least restrictive alternative”

10. Restrictions on Expression
In summary:
Any restrictions on speech must:
further a compelling state interest.
be narrowly tailored.
be content-neutral.
not impose a prior restraint.

12. Rights of the Accused

13. Search and Seizure Probable Cause Unreasonable Searches and Seizures
“reasonable expectation of privacy”
Exclusionary Rule

14. Rights of the Accused Miranda Rights Right to Counsel Habeus Corpus
Self incrimination
Right to Counsel
Habeus Corpus
Informed of charges
Speedy and public trial
Guantanamo exception

15. Cruel and Unusual Punishment
Must not be “arbitrary and capricious.”
Must be proportional to the crime.
Can only be used with defendants who are “criminally responsible.”

16. Other Rights Right to Property v. Eminent Domain
Right to Privacy v. Criminalized Abortion

17. Fourteenth Amendment
“…nor shall any State 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.”
Equal Protection Clause:

18. Post Civil-War Era Dred Scott 13th amendment 14th,15th amendments
Plessy v. Ferguson
Jim Crow Laws
Voting Obstacles
Literacy Tests
Poll Taxes
Voter Registration
White Primaries
Intimidation
Grandfather Clause

19. Civil Rights Movement Brown v. Board of Education
Civil Rights Act of 1964
Twenty-fourth Amendment
Voting Rights Act of 1965

20. Post-Civil Rights Movement
Busing
De Jure v. De facto discrimination
Affirmative Action
Regents of the University of California v. Bakke (1978)
Grutter v. Bollinger (2003)

21. Supreme Court Analysis of Discrimination Claims
Strict Scrutiny
Intermediate Scrutiny
Rational-basis

22. Equal Protection Analysis

23. All of the following are differences between rational-basis test and strict scrutiny EXCEPT:
A. Strict scrutiny is used to evaluate discrimination against a suspect class; rational basis is used in many other discrimination cases.
B. Strict scrutiny requires a compelling governmental interest; rational basis requires a legitimate governmental interest.
C. Strict scrutiny requires that a law be narrowly-tailored; rational basis only requires that it be related to the government interest.
D. Strict scrutiny burdens the claimant (citizen) to discredit the law; rational-basis burdens the government to justify the law.
E. Strict scrutiny is used in cases involving fundamental rights; rational-basis is used with other regulations.

24. Other Minority Groups
Gender
Age
Sexual Orientation
Disabilities