Civil Liberties and Civil Rights

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Civil Liberties and Civil Rights
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What is the difference?

• Civil Liberties
• Protections against the government
• e.g. freedom of religion, freedom of speech,
  etc.
  
• Civil Rights
• Positive acts of government
• e.g. Civil Rights Act of 1964

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Freedom of Religion

• Congress shall make no law respecting an
  establishment of religion, or prohibiting the
  free exercise thereof.
  
• Establishment Clause
• The government will not support any one religion
• Separation of Church and State

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Freedom of Religion

• Free Exercise Clause
• The government may not restrict the free exercise
  of religion
  
• You may believe whatever you choose to believe in
  matters of religion.

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Freedom of Speech

• or abridging the freedom of speech
• Guarantees free expression in spoken word
• Ensures wide-ranging discussion of public affairs

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Freedom of the Press

• ...or of the press
• Guarantees right of free expression in written
  word
  
• Ensures wide-ranging discussion of public affairs

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Freedom of Assembly

• or of the right of the people peaceably to
  assemble
  
• The government may not restrict people from
  assembling
  
• e.g. protests, picketing, etc

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Freedom to Petition

• ..and to petition the government for a redress
  of grievances
  
• May gather a petition and present to government
  to right a wrong
  
• Will you sign my petition?

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What about States?

• Most states have their own Bill of Rights in the
  State Constitutions

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Also

• 14th Amendment
• No State shall make or enforce any law which
  shall abridge the privileges or immunities of
  citizens of the United States nor shall any
  State deprive any person of life, liberty, or
  property without due process of law

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14th Amendment

• Nationalizes the Bill of Rights
• All states must abide by Bill of Rights
• Must have due process to deny rights

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Conflict

• Can rights conflict?
• What happens if they do?
• Examples
• Sheppard v. Maxwell (free press v. fair trial)