2.1 Civil Liberties

Civil liberties are the backbone of American democracy, protecting citizens from government overreach. This section dives into these fundamental freedoms, exploring how they've evolved through court decisions and constitutional amendments.

The balance between individual rights and societal needs is a constant struggle. We'll look at key Supreme Court cases that have shaped our understanding of civil liberties, from free speech to gun rights.

Civil Liberties vs Civil Rights

Constitutionally Protected Freedoms

Top images from around the web for Constitutionally Protected Freedoms

• 

  Freedom of speech in the United States - Wikipedia View original

  Is this image relevant?

• 

  Constitutions and Contracts: Amending or Changing the Contract | United States Government View original

  Is this image relevant?

• 

  Bill Of Rights - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Freedom of speech in the United States - Wikipedia View original

  Is this image relevant?

• 

  Constitutions and Contracts: Amending or Changing the Contract | United States Government View original

  Is this image relevant?

1 of 3

Top images from around the web for Constitutionally Protected Freedoms

• 

  Freedom of speech in the United States - Wikipedia View original

  Is this image relevant?

• 

  Constitutions and Contracts: Amending or Changing the Contract | United States Government View original

  Is this image relevant?

• 

  Bill Of Rights - Free of Charge Creative Commons Legal Engraved image View original

  Is this image relevant?

• 

  Freedom of speech in the United States - Wikipedia View original

  Is this image relevant?

• 

  Constitutions and Contracts: Amending or Changing the Contract | United States Government View original

  Is this image relevant?

1 of 3

• Civil liberties are constitutionally established guarantees and freedoms that protect citizens from unlawful government action
  • Examples include freedom of speech, freedom of the press, freedom of religion, and the right to privacy
  • These liberties are enshrined in the Bill of Rights and place limits on government power to protect individual freedoms

Legal Provisions for Equality

• Civil rights are legal provisions that stem from notions of equality and protect individuals from discrimination based on specific characteristics
  • Characteristics protected include race, gender, disability, or sexual orientation
  • The Civil Rights Act of 1964 is a landmark piece of civil rights legislation in the United States that prohibits discrimination based on race, color, religion, sex, or national origin
• While civil liberties are limitations on government power designed to protect freedoms, civil rights are government actions designed to create equal conditions for all Americans
  • Civil liberties are about what the government cannot do to limit individual freedom, while civil rights are about what the government must do to ensure equal treatment

Incorporation of the Bill of Rights

Applying Federal Protections to States

• The incorporation doctrine refers to the process by which American courts have applied portions of the U.S. Bill of Rights to the states through the Due Process Clause of the Fourteenth Amendment
  • Before incorporation, the Bill of Rights applied only to the federal government and did not restrict state governments
  • Incorporation began in the early to mid-20th century as the Supreme Court started to rule that certain fundamental rights must be protected from state infringement
• The Supreme Court has incorporated most of the significant provisions of the Bill of Rights, making them enforceable against state governments
  • This includes protections like freedom of speech, freedom of religion, the right to bear arms, and protections against unreasonable search and seizure

Selective Incorporation Process

• Selective incorporation is the process by which the Supreme Court determines which parts of the Bill of Rights apply to the states on a case-by-case basis
  • The Court considers whether a right is "fundamental to the American scheme of justice" or "necessary to an Anglo-American regime of ordered liberty"
  • Some amendments, like the Third Amendment's protection against quartering soldiers, have not been incorporated because they are not considered fundamental rights essential to due process
• The incorporation doctrine has greatly expanded civil liberties protections by limiting state power in addition to federal power
  • It has led to a significant increase in Supreme Court cases dealing with civil liberties issues as more government actions at all levels are subject to constitutional scrutiny

Supreme Court Cases on Freedoms

Freedom of Speech Cases

• Schenck v. United States (1919) established the "clear and present danger" test, which held that the government could restrict speech if it posed a clear and present danger to society
  • This allowed punishment of anti-war speech during World War I and was a relatively narrow protection of free speech
  • The "clear and present danger" test was later overturned in Brandenburg v. Ohio (1969), which established that abstract advocacy of violence is protected by the First Amendment unless it is likely to incite "imminent lawless action"
• Other key free speech cases have dealt with issues like symbolic speech (Texas v. Johnson), obscenity (Miller v. California), and campaign finance regulation (Citizens United v. FEC)

Freedom of Religion Cases

• Engel v. Vitale (1962) ruled that government-directed prayer in public schools violated the Establishment Clause of the First Amendment, even if the prayer was denominationally neutral and students could choose to participate
  • This was one of several cases in the 1960s that built a stronger wall of separation between church and state in public schools
• Lemon v. Kurtzman (1971) established the "Lemon test" to determine if a law violates the Establishment Clause
  • To be constitutional under this test, a statute must have a secular legislative purpose, its principal effect must neither advance nor inhibit religion, and it must not foster an "excessive government entanglement" with religion
  • The Lemon test has been criticized by some as too strict and has not always been applied consistently, but remains an important tool for analyzing Establishment Clause cases

Right to Privacy Cases

• Griswold v. Connecticut (1965) struck down a state law that prohibited the use of contraceptives, even by married couples
  • The Court found a constitutional right to privacy in the "penumbras" and "emanations" of various Bill of Rights protections, though the right is not explicitly stated
  • This case paved the way for later cases dealing with reproductive rights and sexual privacy
• Roe v. Wade (1973) ruled that a woman's right to privacy extended to the decision to have an abortion, though the state could regulate abortion after the first trimester
  • Roe established a trimester-based framework for balancing a woman's right to choose with the state's interests in protecting health and potential life
  • The ruling was controversial and faced significant pushback, being modified by later cases like Planned Parenthood v. Casey (1992) before being overturned entirely in Dobbs v. Jackson Women's Health Organization (2022)

Evolving Interpretations of the Second Amendment

Individual vs Collective Right Debate

• The Second Amendment reads: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
  • There has been much debate over whether this protects an individual right to bear arms or a collective right tied to militia service
  • The phrasing and punctuation of the amendment, as well as its historical context, have been used to support different interpretations
• In United States v. Miller (1939), the Supreme Court upheld a law requiring the registration of sawed-off shotguns
  • The Court's reasoning implied that only weapons that have a "reasonable relationship to the preservation or efficiency of a well regulated militia" are protected by the Second Amendment
  • This suggested a more collective right interpretation focused on the militia clause of the amendment

Landmark Cases Establishing Individual Right

• District of Columbia v. Heller (2008) was a landmark case that held that the Second Amendment protects an individual right to possess firearms unconnected to militia service
  • The Court ruled that the right applies to weapons "in common use" and includes the right to use firearms for traditionally lawful purposes, such as self-defense within the home
  • However, the Court also stated that the right is not unlimited and can be subject to reasonable restrictions
• McDonald v. Chicago (2010) incorporated the Second Amendment right recognized in Heller against the states through the Due Process Clause of the Fourteenth Amendment
  • This meant that state and local governments were also prohibited from infringing on the individual right to bear arms
  • The ruling opened the door for challenges to state and local gun control laws
• The Supreme Court's rulings in Heller and McDonald represented a significant shift in the Court's interpretation of the Second Amendment
  • They established a constitutional right to individual gun ownership for self-defense
  • However, the rulings left many questions about the scope of gun rights unanswered, such as what types of weapons are protected and what kinds of regulations are permissible
  • Lower courts have generally upheld most gun control laws challenged since Heller, but there is still significant debate and litigation over the boundaries of Second Amendment rights