Chapter 4: Civil Liberties and Public PolicyCivil Liberties: The Constitutional and other legal protections against government actions . Our civil liberties are formally set down in the Bill of Rights.Bill of Rights: The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and the press, and they guarantee defendants’ rights.1st Amendment: The constitutional amendment that protects the four great liberties: freedom of religion, of speech, of press, and of assembly. 14th Amendment: Adopted after the Civil War that declares “No state shall abridge the privilegesor immunities of citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”Gitlow v. New York: 1925 SC decision holding that freedoms of press and speech are “fundamental personal rights and liberties protected by the due process clause of the 14th Amendment from impairment by the states” as well by the federal government.Due process clause: Part of the 14th amendment guaranteeing that persons cannot be deprived oflife, liberty, or property by the US or state governments without due process of law. Incorporation Doctrine: SC has nationalized the BoR by making most of its provisions applicableto the states through the 14th amendment. Established clause: Part of the 1st amendment stating that “Congress shall make no law respecting an establishment of religion.” Free exercise clause: 1st amendment provision that prohibits government from interfering with the practice of religion. Lemon v. Kurtzman: SC decision that established that aid to church related school must have a secular legislative purpose, have a primary effect that neither advances nor inhibits religion, and doesn’t foster excessive government entanglement with religion. Zelman v. Simmons-Harris: SC decision that upheld a state program providing families with vouchers that could be used to pay for tuition at religious schools. Engel v. Vitale: SC decision holding that state officials violated the 1st amendment when they required that a prayer to be recited by public schoolchildren.
School District of Abington Township, Pennsylvania v. Schempp: SC decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the 1st amendment. Prior restraint: Government actions that prevent material from being published. As confirmed in Near v. Minnesota prior restraint is usually prohibited by the 1st amendment. Near v. Minnesota: SC decision holding that the 1st amendment protects newspapers from prior restraint. Schenck v. United States: SC decision upholding the conviction of a socialist who had urged resistance to the draft during WW1. Justice Holmes declared that government can limit speech if the speech provokes a “clear and present danger” of substantive evils.