Civil Rights v.

Civil Liberties
Civil rights are rights that are given to you by the
government; these are guarantees by government for fair
treatment

Civil liberties are actions that are protected by the

government, these are protections from government

Civil Rights v. Civil Liberties

Civil Rights

Civil Liberties

Right to due process

Freedom of Speech

Right to trial by jury

Freedom of Religion

Right to legal counsel

Freedom of Press

Right to vote

Freedom of Assembly

Right to run for office

Freedom of Thought

Right to petition the

government for a redress of
grievances

Freedom from unlawful search

and seizure

Liberty or Right?

Right
Liberty

Equal Protection
Prior to the Civil War the Supreme Court had ruled that the
Bill of Rights was only enforceable at the Federal level.
States were not required to recognize the protections provided
by the Bill of Rights.
14th amendment which was ratified in 1868 change that view.
The 14th amendment states that No States shall make or
enforce any law which shall abridge the privileges or
immunities of citizens of the United Statesany person
within its jurisdiction will be given equal protection under
the law.

Equal Protection
In the court case Plessy vs. Ferguson (1896) the Supreme
Court ruled that racial segregation in the South did not violate
the 14th amendments Equal Protection Clause as long as
separate but equal facilities were provided.
It was not until Brown vs. The Board of Education (1954)
that the Supreme Court ruled that separate but equal was
indeed a violation of the Equal Protection Clause.

Your 1st Amendment Rights

Religion
Freedom of Religion is broken into 2 parts:
1. The Establishment Clause guarantees the separation of
church and state. This system is continually tested.
No organized prayer in public schools
No state/national religion
2. The free exercise clause establishes that people are free to
follow the religion of their choice or no religion at all.
The religion must not conflict with the law of the land.

Speech
The freedom of speech is generally accepted unless it is
considered harmful to others:
Libel and Slander written or spoken information that is false
with the intent to harm.

Obscenities things that are offensive are also not protected

Symbolic speech conduct that conveys a message without
spoken words

Press
News papers and reporters
can report on almost any
issue, however they are not
allowed to comment on issues
that might threaten national
security. Libel again is illegal

Assembly and Petition

People have the right to peacefully assemble and petition the
government for redress of grievances.

Are There Limits to Free Speech?

In 1917 Charles Schenck
was arrested and charged
under the Espionage Act
for distributing anti-war
propaganda in the streets
of Philadelphia.
Schenck appeal this
decision and his case
found its way to the
Supreme Court.

Are there Limits to Free Speech?

Schenck vs. The United States was brought in front of the Court
in 1919. In a unanimous opinion , Chief Justice Oliver Wendell
Holmes Jr. wrote that Schencks conviction was constitutional.
Holmes stated The most stringent protection of free speech
would not protect a man in falsely shouting fire in a theatre and
causing panic.
The Court viewed that Schencks publications created a clear
and present danger.

The Schenck case illustrates the role played by the Supreme

Court when defining constitutional rights.

2nd Amendment
The 2nd
Amendment states:
A well regulated
Militia, being
necessary to the
security of a free
State, the rights of
the people to keep
and bear Arms,
shall not be
infringed.

3rd and 4th Amendments

The 3rd and 4th Amendments are designed to protect the privacy
and property rights of citizens from abuses by law enforcement
authorities or the military.
The 3rd Amendment prohibits citizens from being forced to
quarter troops during peace time.
The 4th Amendment forbids unreasonable searches and
seizures of individuals or their property by law enforcement.

4th Amendment
Katz vs. United States (1967)
Illegal Search and Seizures

Over the years the supreme Court has heard numerous cases that
involving illegal search and seizers. One case, Katz vs. United
States (1967), hinged on recordings of a suspects conversation
made from a public phone booth.
Because the recording device was placed outside the booth and
recorded only the suspects voice, the police believed they did not
need a warrant. But the Supreme Court disagreed. It concluded
that a warrant was required, because the suspect had a
reasonable expectation of privacy in a phone booth.

5th Amendment
Your rights in the legal system
The 5th Amendment focus on legal rights:
1. Self-incrimination saying anything that might imply
your own guilt
2. Double Jeopardy if a person is tried for a crime and
found not guilty, they cannot be tried again.
3. Takings Clause government may not take private
property without giving just compensation
4. Due Process the right to explain yourself in court

6th Amendment
You have a right to an attorney
The 6th amendment states that criminal trials must be carried
out quickly, publicly, and in front of an impartial jury. The
defendant also has a legal right to an attorney. However for
years not every defendant could afford legal counsel.
In 1963 the Supreme Court ruled in Gideaon v. Wainwright
that legal counsel should not depend on the defendant ability
to pay. Today anyone facing charges that cannot afford an
attorney can have one appointed at the governments expense.

th
7

&

th
8

Amendments

7th You have the right to

a jury trial to settle
lawsuits over money or
property worth more
than $20.00.
8th Amendment Eliminated
cruel and unusual punishments
from crimes
Ex: whippings, canning, Capital
punishment?

9th &

th
10

Amendments

The 9th Amendment is designed to offer protection from rights

not specifically mentioned in the other Amendments.
Ex: the right to privacy, marriage, work
The 10th Amendment is meant to preserve the balance between
federal and state governments. It gives to the states and to the
people any powers not specifically granted to the federal
government.