Civil Liberties: constitutional rights that protect individuals from the government

Civil Rights: legislation/policy that protects people from discrimination

Lemon Test - the action violates the clause unless it (1) has significant secular rather than religious purpose, (2) does not have the effect of advancing or discouraging religion, (3) does not have (excessive entanglement” between government and religion

First Amendment: freedom of Religion, Assembly, Press, Petition, Speech

• Religion: establishment (separation of church and state), free exercise (right to believe what you want)

  • Engel v Vitale

  • Wisconsin v. Yoder

• Speech: all free political and symbolic speech is protected

  • Tinker v. Des Moines

  • Schenck v. US

• Press: libel (written defamation), slander (spoken defamation), prior restraint (prevention of publication)

  • NY Times Co v. US

Second Amendment: right to bear arms (public safety - individual rights conflict)

• decisions often rest upon constitutional interpretation of liberty

Individual Freedom vs. Public Order: 8th Amendment (cruel and unusual punishment), 2nd/4th Amendment (public safety and privacy → changed after 9/11)

Selective Incorporation: Bill of Rights did not apply to states until selective incorporation brought them to states piece by piece if fundamental

• McDonald v. Chicago

Rights of the Accused:

• Exclusionary rule - (4th) can’t use illegal evidence, lawyer must be provided (6th), Miranda Rule (5th) exception for public safety, and free quick trial

  • Gideon v. Wainwright

Right to Privacy: due process implies it

• Roe v. Wade

Social Movements: Civil rights groups used legislation and court cases

• Letter from Birmingham Jail

• Brown v. Board of Education