Civil Liberties

Individual vs Society

• Absolute individual rights means chaos for society just as absolute rights for society created chaos for individuals

The Lemon test

Lemon vs Kurtsman 1971

• The Lmeon Test is a three-pronged test for permissible government involvenment in religious institutions, whether a state law violates the Establishment Clause
• The underlying state statute
  • Must have a secular legislative purpose
  • The primary effect must be one that neither advances nor inhibits religion
  • Must not foster excessive entanglement between government and religion

The First Amendment

• Establishment clause - protects indibiduals from the govt requiring citizens to join or support a religion
  • “congress shall make no law”
  • Engle v Vitale - prayer in public schools
  • Lemon v Kurtzman - states pay for private school teachers to teach core subejcts, lemon test
  • Stone v Graham - Ten Commandments in public schools
• Other Religion in Public School Cases
  • Everson v Board of Education - NJ Law reimbursed parents for transportation costss if they send their children to private school. In Ewing NJ 96% of private school students went to catholic school, upheld
  • Abington School District v Schempp - Pennsylvania law requiring the reading of Bible verses at the syaty of the school day - struck down
  • Board of Education v Allen - NY law provided free textbooks to private religious schools - upheld

Civil Liberties vs Civil Rights

• Civil Liberties
  • The funamental rights and freedoms of individuals that are protected from unreasonable governmental restriction - protection citizens have against government action
  • Protected in the Bill of Rights (inclusion was argued)
    • Federalist 84
• Civil Rights
  • The government’s protection of individuals from discrimination as members of particular groups - actions taken by the government

Free Excercise Clause

• Protects the rights of individuals to exercise and express their religious beliefs
  • “Congress shall make no law prohibiting the free exercise thereof”
  • Wisconsin v Yoder - Mandatory schooling and the Amish
  • Oregon v Smith - Sacramental religious drug use
  • Church of Lukumi Babalu Aye v City of Hialeah - ritualistic animal sacrifice

Does the first amendment allow public schools to prohibit students from displatinh messages promoting the use of illegal drugs at school-superivsed events

• Tinker isn’t always applied

• Schenck v United States

  • Fire in a theater, clear and present danger

• Brandenburg v Ohio

  • 2 pronged test of acceptable restrictions on political speech
    • Imminent lawless action, inciting or likely to incite

• Freedom of the Press

  • NYT v US
    • Prior restraint

• Symbolic speech

  • Tinker v Des Moines - armbands for viet war
  • Texas v Johnson - flag burning
  • Morse v Frederick - bong hits for jesus

• Obscene Materials

  • Roth v United tates - without redeeming social value
  • Jacobellis v Ohio - I know it when I see it, film declared obscene
  • Miller v California - Obscenity test, depicts sexual conduct, avergae person would say it is prudent, and lacks serious artistic, political, or scientific value

Same sex wedding ceremony, blatant discrimination

DC v Heller says that owning a firearm is its own right in the 2nd amendment

2nd amendment incorporated to be applied to states in Mcdonald v Chicago

4th Amendment Rights and Cases

• Illegal searching and rights in front of police/law enforcement
• Warrants are limited and required for searches
  • Day, time, place
  • Not a writ of assistance like the british had (blanket warrants)
• Often errs on the side of police safety
  • Search during arrest
• A grand jury decides if there is enough evidence to take someone to court, and a petit jury decides innocence or guilt
• Double Jeapordy
  • Same crime, same charge, same occurence
  • Government has one shot to find you guilty
  • Innocence before proven guilty
• Can’t be a witness against yourself
  • Government cannot compel you to prove guilty
• Eminent Domain
  • Government can take your property for public use with fair compensation
  • ex highways