What are civil liberties? Definition: individual protections against the government

2. What are civil liberties? • Definition: individual protections against the government

3. Where are these rights identified? • Definition: individual protections against the government • Primarily contained in the Bill of Rights

4. What is governments role with regard to these rights? • Definition: individual protections against the government • Primarily contained in the Bill of Rights • Government’s role is protecting rights, not granting them • Involves a balancing of conflicting rights

5. Balancing Conflicting Rights • Free speech v. protecting reputation • Freedom of the press v. fair trial

6. Incorporation Doctrine • Does the Bill of Rights apply to states? • First Amendment

8. Incorporation Doctrine • Does the Bill of Rights apply to states? • First Amendment • Barron v. Baltimore (1833) • Fourteenth Amendment

10. Incorporation Doctrine • Does the Bill of Rights apply to states? • First Amendment • Barron v. Baltimore (1833) • Fourteenth Amendment • Gitlow v. New York (1925) • Selective incorporation

12. Religion

13. Religion Where do the words “freedom of religion” appear in the Constitution?

14. Religion Where do the words “separation of church and state” appear in the Constitution?

15. Religion What words DO appear in the Constitution?

16. Religion Congress shall make no law respecting an establishment of religion . . .

17. Religion • Establishment Clause • . . . or prohibiting the free exercise thereof

18. Religion • Establishment Clause • Free Exercise Clause

19. Religion Establishment Clause What would the Establishment Clause appear to say?

21. Religion Establishment Clause • No official religion of the U.S. • No favoritism toward one religion in the U.S. • Jefferson: “a wall of separation between church and state”

22. Religion Establishment Clause • Gov’t Aid to Church-related Schools • Lemon v. Kurtzman • Aid must have a secular purpose • Aid does not advance or inhibit religion • No excessive gov’t entanglement

23. Religion Establishment Clause • Gov’t Aid to Church-related Schools • Books, computers • Transportation

24. Religion Establishment Clause • Religious Activity in Public Schools • Prayer (Engle v. Vitale) • Staff lead • Graduation • Athletic events • Moment of silence

25. Religion Establishment Clause • Religious Activity in Public Schools • Curriculum • Prohibiting evolution • Adding creationism / intellegent design • Release Time

26. Religion Establishment Clause • Religious Activity in Public Schools • Use of facilities • Equal Access Act of 1984

27. Religion Establishment Clause • Religious Activity in Public Places • 10 Commandments

28. Religion Establishment Clause • Religious Activity in Public Places • 10 Commandments • Holiday displays

29. Religion Free Exercise Clause Belief v. Practice

30. Religion Free Exercise Clause • Religious Practices that Forbid “Necessary” Activities • Medical care • Military service

31. Religion Free Exercise Clause • Religious Practices that Forbid “Necessary” Activities • Medical care • Military service • Attending public schools • Flag salute

32. Religion Free Exercise Clause • Religious Practices that Allow “Unacceptable” Activities • Polygamy • Drug use