This document outlines Professor Anand Shastri's Fall 2015 lecture on civil liberties. It covers: the origins of rights in American democracy; the Bill of Rights including its origins and evolution; freedom of religion and the role of religiosity; and freedom of expression. The lecture discusses landmark Supreme Court cases that have shaped understandings of civil liberties over time and debates around balancing civil liberties with other ideals like order, equality, and morality.

1. WEEK #4 LECTURE #7
CIVIL LIBERTIES
PART 1
AMERICAN GOVERNMENT
PROFESSOR ANAND SHASTRI
FALL 2015

2. CIVIL LIBERTIES #1 OUTLINE
PART 1A) RIGHTS IN AMERICAN DEMOCRACY
PART 1B) BILL OF RIGHTS: ORIGINS, EVOLUTION, & BASICS
PART 1C) FREEDOM OF RELIGION, ROLE OF RELIGIOSITY
PART 1D) FREEDOM OF EXPRESSION #1-#2, THURS #3

3. PART 1A) RIGHTS IN
AMERICAN DEMOCRACY

4. RIGHTS IN A DEMOCRACY
• CIVIL LIBERTIES
• OFTEN TAKEN FOR GRANTED
• PRE-JOHN LOCKE: GOVERNMENT CONTROL, THUS
SUBJECTS NOT CITIZENS
• JOHN LOCKE: LIFE LIBERTY, AND PROPERTY
• THOMAS JEFFERSON: SAME BUT PURSUIT OF HAPPINESS
INSTEAD OF LIBERTY

5. LIBERTY CLASHING WITH OTHER IDEALS
•LIBERTY VS. ORDER (SECURITY)
REPUB: RAND PAUL LIBERTY-DOVE, RUBIO ORDER
•LIBERTY VS. EQUALITY
DEMS: OBAMA/HILLARY ($ SPEECH), WARREN ($POL INEQUAL)
•LIBERTY VS. MORALITY
DRUGS: OWN CHOICE, ECON FREEDOM VS. IMMORAL, HARMS
SOCIETY

6. RESOLVING CONFLICTS ABOUT RIGHTS
COURTS- Judicial Review, & Courts Mixed History
CONGRESS- Make Laws & Mixed History
PRESIDENT- Admin Officials Lobby, Persuade Congress
Public Appeals
PEOPLE- BECOME INVOLVED IN GROUPS

7. PART 1B) BILL OF RIGHTS:
ORIGINS, EVOLUTION, &
BASICS

8. ORIGINS OF BILL OF RIGHTS
• LOCKE: NATURAL RIGHTS
• FEDERALISTS: thought national government was limited
anyway (concept of popular sovereignty) HAMILTON
• ANTI-FEDERALISTS: convinced that to have it written into
practice wouldn’t hurt either JEFFERSON

9. CONSTITUTION PROTECTIONS & FIRST 8 BILL OF
RIGHTS
• HABEAS CORPUS: (PG. 138)
• BILL OF ATTAINDER: (PG. 138)
• EX POST FACTO LAWS: (PG. 138)
FIRST 8 AMENDMENTS GUARANTEE SPECIFIC RIGHTS

10. BILL OF RIGHTS APPLYING BILL TO STATES
• 9TH & 10TH GENERAL STATEMENTS
• INCORPORATION: BILL OF RIGHTS’ PROTECTIONS APPLY
TO STATES, UNLIKE BILL, IT’S A JUDICAL CREATION
• SELECTIVE INCORPORATION- CASE BY CASE BASIS

11. PART 1C) FREEDOM OF
RELIGION, ROLE OF
RELIGIOSITY

12. FREEDOM OF RELIGION #1
• PART OF FIRST AMENDMENT
• WHY IS IT SO CONTROVERSIAL?
1) PASSION
2) YET ISSUE IS QUITE GRAY
3) US VERY RELIGIOUS IN COMPARISON TO REST OF
INDUSTRIALIZED, WORLD, BUT GROWING SECULARISM

13. FREEDOM OF RELIGION #2
• ESTABLISHMENT CLAUSE
• SEPARATIONISTS VS. ACCOMMODATIONISTS
• LEMON TEST & OTHER RULINGS
• RELIGIOUS RIGHT VS. CIVIL LIBERTARIANS

14. RELIGIOSITY
• HOW I DEFINE THE TERM
• MEASUREMENTS OF RELIGIOSITY
• HOW IT’S SALIENCE MAKES DIVISIONS WITHIN A
RELIGION WIDER THAN DIVISIONS BETWEEN THEM
• ITS IMPACT BOTH POSITIVE AND NEGATIVE

15. STATE REGULATION OF RELIGIOUS BEHAVIOR
• FREE EXERCISE CLAUSE (PG. 146)
• POLICE POWER (PG. 147)
• COMPELLING STATE INTEREST (PG. 147)
• COURT’S AMBIVALENCE AND ITS BACK & FORTH

16. PART 1D) FREEDOM OF
EXPRESSION

17. FREE EXPRESSION CHERISHED & ARGUMENTS
SUPPORTING IT #1
• ON THE SURFACE, WE ALL LOVE IT, YET PEOPLE MAKE
EXCEPTIONS, CHALLENGE IS TO PROTECT SPEECH WE HATE
#1 INFORMED CITIZENRY
#2 MARKETPLACE OF IDEAS & WAY TO GET TO TRUTH
#3 SELF-GOVERNANCE
#4 “SAFETY VALVE”
#5 A VOICE FOR MINORITY
#6 SELF-FULFILLMENT

18. RESTRICTIONS AGAINST FREE SPEECH
• SEDITION (PG. 149)
• BAD TENDENCY TEST (PG. 152)
• CLEAR AND PRESENT DANGER TEST (PG. 152)
• IMMINENT LAWLESS ACTION TEST (PG. 153)

19. OBSCENITY AND PORNOGRAPHY
• MILLER TEST (SLAPS TESTS): MILLER PG. 151 OBSCENE IS LOCAL,
SLAPS WORK LACKS “SERIOUS LITERARY, ARTISTIC, POLITICAL
OR SCIENTIFIC VALUE
• COALITION AGAINST SPREAD OF PORNOGRAPHY: RADICAL
FEMINIST LEFT AND RELIGIOUS RIGHT
• COALITION VIEWING PORNOGRAPHY AS FREE EXPRESSION:
BUSINESS INTERESTS AND SOCIO-CULTURAL LIBERALS

20. SYMBOLIC SPEECH
• FREEDOM OF ASSEMBLY (PROTEST) PG. 153
HOT ISSUES
• FLAG-BURNING
• HATE SPEECH CODES
• FIGHTING WORDS (PG. 155)
• POLITICAL CORRECTNESS (PG. 156)