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Protecting Civil Liberties: An Overview of Individual Rights in American Law

This chapter explores the critical theme of civil liberties in the United States, particularly focusing on the rights guaranteed to individuals against government actions. It discusses the importance of a Bill of Rights, the evolution and uncertainties surrounding the freedom of expression, the right to privacy, and protections for those accused of crimes. Key Supreme Court cases, such as Gitlow v. New York and Roe v. Wade, illustrate the ongoing struggle to balance governmental authority with personal freedoms, especially in light of contemporary issues like surveillance and the war on terrorism.

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Protecting Civil Liberties: An Overview of Individual Rights in American Law

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  1. Chapter 4 Civil Liberties: Protecting Individual Rights

  2. 4-2 Thomas Jefferson A bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference.

  3. 4-3 Freedom of Expression • The Early Period: The Uncertain Status of the Right of Free Expression • Clear-and-Present-Danger test • The Modern Period: Protecting Free Expression • Free Speech and Assembly • Press Freedom and Prior Restraint

  4. 4-4 Freedom of Expression • Free Expression and State Governments • Due Process clause • The Fourteenth Amendment and Selective Incorporation • Gitlow v. New York (1925) • Limiting the Authority of States to Restrict Expression • Imminent lawless action

  5. 4-5 Freedom of Expression • Libel and Slander • Libel • Slander • Obscenity • Roth v. United States (1957) • Miller v. California (1973) • Reno v. ACLU (1997) • Ashcroft v. ACLU (2004)

  6. 4-6 Freedom of Religion • The Establishment Clause • Engel v. Vitale (1962) • Locke v. Davey (2004) • The Free-Exercise Clause • Free to believe, not always free to act • Courts try to balance free-exercise and establishment clauses

  7. 4-7 The Right of Privacy • Abortion • Roe v. Wade (1973) • Stenberg v. Carhart (2000) • Sexual Relations Among Consenting Adults • Lawrence and Garner v. Texas (2003) • The Continuing Issue of Privacy Rights

  8. 4-8 Rights of Persons Accused of Crimes • Procedural due process • The Fourth Amendment • The Fifth Amendment • The Sixth Amendment • The Eighth Amendment

  9. 4-9 Rights of Persons Accused of Crimes • Selective Incorporation of Procedural Rights • Miranda v. Arizona (1966) • Missouri v. Siebert (2004) • Search and Seizure • The Exclusionary Rule • Habeas Corpus Appeals

  10. 4-10 Crime, Punishment, and Police Practices • Racial Profiling • Atkins v. Virginia (2002) • Ring v. Arizona (2002) • Blakely v. Washington (2004)

  11. 4-11 Rights and the War on Terrorism • Detention of Enemy Combatants • Prisoners captured in Afghanistan • Hamdi v. Rumsfeld (2004) • Surveillance of Suspected Terrorists • The Courts and a Free Society

  12. 4-12 States in the Nation

  13. 4-13 States in the Nation

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