Unit NineCivil Liberties and Civil Rights

Civil LibertiesFreedoms upon which the government may not

infringe.

The Bill of Rights guarantees the rights of individuals and expresses limitations on federal and state governments.

Civil RightsThe basic right to be free from unequal treatment

based on protected characteristics. (Ex: race, gender, disability, etc.)

First Amendment FreedomsReligion

Government may not establish an official religion. (Establishment Clause)

It also cannot endorse, or unduly interfere with the free exercise of religion. (Free Exercise Clause)

Speech – Individuals are free to express their opinions and beliefs.Government cannot restrain ideas before they

are expressed. (prior restraint)

Press – The press is free to gather and publish information, including that which criticizes the government.

Assembly – Individuals may peacefully gather.The government cannot regulate assemblies

based on what might be said there. (content neutral)

Petition – Individuals have the freedom to make their views known to public officials.

Rights of the AccusedThe Bill of Rights protects citizens from:

Unreasonable search and seizures (4th)Double Jeopardy (5th)Self-incrimination (5th)Cruel and unusual punishment (8th)

Due ProcessProcedural due process

of lawThe government must

use fair proceedings.

Substantive due process of lawThe laws under which

the government acts must be fair.

Amendments Protecting Due Process5th Amendment – Prohibits the national

government from acting in an unfair or arbitrary manner.

14th Amendment – Prohibits state and local governments from acting in an unfair or arbitrary manner.

Individual Liberties vs. ResponsibilitiesFew rights, if any, are considered absolute.

Some forms of speech are not protected. Examples: libel, slander, and obscenity

Speech that is a “clear and present danger” is not protected. Example: shouting fire in a crowded building

The press can be restricted when publication will cause serious and irreparable harm. Example: national security

Equal ProtectionThe Equal Protection Clause is contained in the 14th

Amendment to the Constitution.

The promise of equal protection under the law does not guarantee all people will be treated exactly the same.

The government may classify or categorize people into groups for justifiable government goals.Example: adults under 21 may

not purchase alcohol

Applications of Equal ProtectionCivil Rights Movement –

Congress passed a series of laws outlawing discrimination.

Affirmative Action – The government passed laws and implemented procedures to reverse the effects of years of discrimination primarily against women and minorities.