American Civil Liberties

Intended for the second semester of constitutional law course, often called Civil Liberties, a standard offering in all four-year political science departments. It is taken by pre-law students as well as many political science majors (and non-majors). This book is not merely a casebook but a comprehensive textbook that caters to the undergraduate constitutional law student.

Table of Contents:
PART II: CIVIL RIGHTS AND LIBERTIES. 6. CONSTITUTIONAL SOURCES OF CIVIL RIGHTS AND LIBERTIES. Introduction. Rights Recognized in the Original Constitution. The Bill of Rights. The Fourteenth Amendment. Amendments Protecting Voting Rights. Standards of Review in Civil Rights and Liberties Cases. The Importance of State Constitutions. Conclusion. Key Terms. For Further Reading. Internet Sources. DeShaney v. Winnebago Social Services (1989). Barron v. Baltimore (1833). Hurtado v. California (1884). Chicago, Burlington and Quincy Railroad Company v. Chicago (1897). Palko v. Connecticut (1937). Adamson v. California (1947). Rochin v. California (1952). Duncan v. Louisiana (1968). 7. PROPERTY RIGHTS AND ECONOMIC FREEDOM. Introduction. The Contract Clause. The Rise and Fall of Economic Due Process. Equal Protection and Economic Regulation. Property Rights and the "Takings" Issue. Conclusion. Key Terms. For Further Reading. Internet Sources. Dartmouth College v. Woodward (1819). Charles River Bridge Company v. Warren Bridge Company (1837). Home Building and Loan Association v. Blaisdell (1934). The Slaughterhouse Cases (1873). Lochner v. New York (1905). Adkins v. Children"s Hospital (1923). West Coast Hotel v. Parrish (1937). Ferguson v. Skrupa (1963). Hawaii Housing Authority v. Midkiff (1984). Dolan v. City of Tigard (1994). 8. EXPRESSIVE FREEDOM AND THE FIRST AMENDMENT. Introduction. Interpretive Foundations of Expressive Freedom. The Prohibition of Prior Restraint. The Clear and Present Danger Doctrine. Fighting Words, Hate Speech, and Profanity. Symbolic Speech and Expressive Conduct. Defamation. The Intractable Obscenity Problem. Expressive Activities in the Public Forum. Electronic Media and the First Amendment. Commercial Speech. Rights of Public Employees and Beneficiaries. Freedom of Association. Conclusion. Key Terms. For Further Reading. Internet Sources Near v. Minnesota (1931). New York Times v. United States (1971). Schenck v. United States (1919). Brandenburg v. Ohio (1969). Cohen v. California (1971). Texas v. Johnson (1989). Barnes v. Glen Theatre, Inc. (1991). New York Times v. Sullivan (1964). Miller v. California (1973). Federal Communications Commission v. Pacifica Foundation (1978). Reno v. American Civil Liberties Union (1997). Edwards v. South Carolina (1963). Adderley v. Florida (1966). 44 Liquormart, Inc. v. Rhode Island (1996). National Endowment for the Arts v. Finley (1998). Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston (1995). 9. RELIGIOUS LIBERTY AND CHURCH-STATE RELATIONS. Introduction. Religious Belief and the Right to Proselytize. Unconventional Religious Practices. Patriotic Rituals and Civic Duties. Freedom of Religion versus Parens Patrie. The Wall of Separation. Religion and Public Education. Governmental Affirmations of Religious Belief. The Problem of Tax Exemptions. Conclusion. Key Terms. For Further Reading. Internet Sources West Virginia State Board of Education v. Barnette (1943). Wisconsin v. Yoder (1972). Employment Division v. Smith (1990). Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993). Everson v. Board of Education (1947). Abington School District v. Schempp (1963). Wallace v. Jaffree (1985). Edwards v. Aguillard (1987). Agostini v. Felton (1997). Marsh v. Chambers (1983). Lynch v. Donnelly (1984). Walz v. Tax Commission (1970). 10. THE CONSTITUTION AND CRIMINAL JUSTICE. Introduction. Search and Seizure. The Exclusionary Rule. Arrest. Police Interrogation and Confessions of Guilt. The Right to Counsel. Bail and Pretrial Detention. Plea Bargaining. Trial By Jury. The Protection Against Double Jeopardy. Incarceration and the Rights of Prisoners. The Death Penalty. Appeal and Postconviction Relief. Conclusion. Key Terms. For Further Reading. Internet Sources. Olmstead v. United States (1928). Katx v. United States (1967). Weeks v. United States (1914). Mapp v. Ohio (1961). United States v. Leon (1984). Miranda v. Arizona (1966). New York v. Quarles (1984). Powell v. Alabama (1932). Gideon v. Wainwright (1963). Batson v. Kentucky (1986). Kansas v. Hendricks (1997). Furman v. Georgia (1972). Gregg v. Georgia (1976). Payne v. Tennessee (1991). 11. PERSONAL AUTONOMY AND THE CONSTITUTIONAL RIGHT OF PRIVACY. Introduction. Constitutional Foundations of the Right of Privacy. Procreation and Birth Control. The Abortion Controversy. The Right of Privacy and Living Arrangements. Privacy and Gay Rights. Other Applications of the Right of Privacy. A Right to Die? Conclusion. Key Terms. For Further Reading. Internet Sources. Jacobson v. Massachusetts (1905). Meyer v. Nebraska (1923). Buck v. Bell (1927). Poe v. Ullman (1961). Griswold v. Connecticut (1965). Roe v. Wade (1973). Planned Parenthood v. Casey (1992). Bowers v. Hardwick (1986). Washington v. Glucksberg. 12. EQUAL PROTECTION AND THE ANTIDISCRIMINATION PRINCIPLE. Introduction. Levels of Judiciary Scrutiny in Equal Protection Cases. The Struggle for Racial Equality. The Affirmative Action Controversy. Gender-Based Discrimination. Other Forms of Discrimination. The Ongoing Problem of Private Discrimination. Conclusion. Key Terms. For Further Reading. Internet Sources. The Civil Rights Cases (1883). Plessy v. Ferguson (1896). Brown v. Board of Education of Topeka I (1954). Brown v. Board of Education of Topeka II (1955). Loving v. Virginia (1967). Swann v. Charlotte-Mecklenburg Board of Education (1971). Missouri v. Jenkins (1995). Adarand Construction, Inc. v. Pena (1995). Frontiero v. Richardson (1973). United States v. Virginia (1996). Romer v. Evans (1996). 13. ELECTIONS, REPRESENTATION AND VOTING RIGHTS. Introduction. Racial Discrimination in Voting Rights. The Reapportionment Decisions. Political Parties and Electoral Fairness. The Problem of Campaign Finance. Conclusion. Key Terms. For Further Reading. Internet Sources.Smith v. Allwright (1944). Gomillion v. Lightfoot (1960). Mobile v. Bolden (1980). Rogers v. Lodge (1982). Shaw v. Hunt (1996). Reynolds v. Sims (1964). Karcher v. Daggett (1983). APPENDICES: A: The Constitution of the United States of America. B: Chronology of Justices of the Supreme Court. C: Supreme Court Justices by Appointing President, State Appointed From, and Political Party. D: GLOSSARY. TABLE OF CASES. INDEX.

About the Author :
John M. Scheb, II attended the University of Florida, where he received a B.A., M.A., and Ph.D. in political science. He is now Professor and Head of Political Science at the University of Tennessee, Knoxville, where he specializes in public law, courts, and the judicial process. Professor Scheb has authored numerous articles in professional journals and is coauthor of several other textbooks, including: AN INTRODUCTION TO THE AMERICAN LEGAL SYSTEM, 3rd Edition (Wolters Kluwer, 2013), LAW AND ADMINISTRATIVE PROCESS (Thomson/Wadsworth, 2005), and AMERICAN CONSTITUTIONAL LAW, 6th Edition (Wadsworth/Cengage, 2014). Otis H. Stephens, Jr. is Alumni Distinguished Service Professor of Political Science and Resident Scholar of Constitutional Law at the University of Tennessee College of Law. Professor Stephens holds a Ph.D. in political science from Johns Hopkins University and a J.D. from the University of Tennessee. Professor Stephens is the author of THE SUPREME COURT AND CONFESSIONS OF GUILT(1973) and co-author, with Gregory J. Rathjen, of THE SUPREME COURT AND THEALLOCATION OF CONSTITUTIONAL POWER (1980) and, with John M. Scheb II, of AMERICAN CONSTITUTIONAL LAW: ESSAYS AND CASES (1988). He is co-author with Richard A. Glenn of UNREASONABLE SEARCHES AND SEIZURES: RIGHTS ANDLIBERTIES UNDER THE LAW (2006). He is co-editor with John M. Scheb II and Kara A. Stookesbury of ENCYLCOPEDIA OF AMERICAN CIVIL RIGHTS AND LIBERTIESVOLUMES I-III (2006). He has contributed chapters to COMPARATIVE HUMANRIGHTS, ed. Richard A. Claude (1976) and THE REAGAN ADMINISTRATION ANDHUMAN RIGHTS, ed. Tinsely E. Yarborugh (1985) and AMERICAN NATIONALSECURITY AND CIVIL LIBERTIES IN AN ERA OF TERRORISM, eds. David B. Cohen and John W. Wells (2004) and to LAW TOUCHED OUR HEARTS: A GENERATIONREMEMBERS BROWN V. BOARD OF EDUCATION, eds. Mildred Wigfall Robinson and Richard J. Bonnie (2009). He has also authored or co-authored a number of articles in professional journals, including the GEORGETOWN LAW JOURNAL, the JOURNALOF PUBLIC LAW, the TENNESSEE LAW REVIEW, the WIDNER JOURNAL OF PUBLICLAW, the SOUTHEASTERN POLITICAL REVIEW, and the CRIMINAL LAW BULLETIN. Dr. Stephens is also a member of the Tennessee Bar and of the United States Supreme Court Bar. Professor Stephens now teaches full time for the UT College of Law. PUBLIC LAW, the TENNESSEE LAW REVIEW, the WIDNER JOURNAL OFPUBLIC LAW, the SOUTHEASTERN POLITICAL REVIEW, and the CRIMINAL LAWBULLETIN. Dr. Stephens is also a member of the Tennessee Bar. Professor Stephens now teaches full time for the UT College of Law.

Review :
PART II: CIVIL RIGHTS AND LIBERTIES. 6. CONSTITUTIONAL SOURCES OF CIVIL RIGHTS AND LIBERTIES. Introduction. Rights Recognized in the Original Constitution. The Bill of Rights. The Fourteenth Amendment. Amendments Protecting Voting Rights. Standards of Review in Civil Rights and Liberties Cases. The Importance of State Constitutions. Conclusion. Key Terms. For Further Reading. Internet Sources. DeShaney v. Winnebago Social Services (1989). Barron v. Baltimore (1833). Hurtado v. California (1884). Chicago, Burlington and Quincy Railroad Company v. Chicago (1897). Palko v. Connecticut (1937). Adamson v. California (1947). Rochin v. California (1952). Duncan v. Louisiana (1968). 7. PROPERTY RIGHTS AND ECONOMIC FREEDOM. Introduction. The Contract Clause. The Rise and Fall of Economic Due Process. Equal Protection and Economic Regulation. Property Rights and the "Takings" Issue. Conclusion. Key Terms. For Further Reading. Internet Sources. Dartmouth College v. Woodward (1819). Charles River Bridge Company v. Warren Bridge Company (1837). Home Building and Loan Association v. Blaisdell (1934). The Slaughterhouse Cases (1873). Lochner v. New York (1905). Adkins v. Children's Hospital (1923). West Coast Hotel v. Parrish (1937). Ferguson v. Skrupa (1963). Hawaii Housing Authority v. Midkiff (1984). Dolan v. City of Tigard (1994). 8. EXPRESSIVE FREEDOM AND THE FIRST AMENDMENT. Introduction. Interpretive Foundations of Expressive Freedom. The Prohibition of Prior Restraint. The Clear and Present Danger Doctrine. Fighting Words, Hate Speech, and Profanity. Symbolic Speech and Expressive Conduct. Defamation. The Intractable Obscenity Problem. Expressive Activities in the Public Forum. Electronic Media and the First Amendment. Commercial Speech. Rights of Public Employees and Beneficiaries. Freedom of Association. Conclusion. Key Terms. For Further Reading. Internet Sources Near v. Minnesota (1931). New York Times v. United States (1971). Schenck v. United States (1919). Brandenburg v. Ohio (1969). Cohen v. California (1971). Texas v. Johnson (1989). Barnes v. Glen Theatre, Inc. (1991). New York Times v. Sullivan (1964). Miller v. California (1973). Federal Communications Commission v. Pacifica Foundation (1978). Reno v. American Civil Liberties Union (1997). Edwards v. South Carolina (1963). Adderley v. Florida (1966). 44 Liquormart, Inc. v. Rhode Island (1996). National Endowment for the Arts v. Finley (1998). Hurley v. Irish-American Gay, Lesbian & Bisexual Group of Boston (1995). 9. RELIGIOUS LIBERTY AND CHURCH-STATE RELATIONS. Introduction. Religious Belief and the Right to Proselytize. Unconventional Religious Practices. Patriotic Rituals and Civic Duties. Freedom of Religion versus Parens Patrie. The Wall of Separation. Religion and Public Education. Governmental Affirmations of Religious Belief. The Problem of Tax Exemptions. Conclusion. Key Terms. For Further Reading. Internet Sources West Virginia State Board of Education v. Barnette (1943). Wisconsin v. Yoder (1972). Employment Division v. Smith (1990). Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah (1993). Everson v. Board of Education (1947). Abington School District v. Schempp (1963). Wallace v. Jaffree (1985). Edwards v. Aguillard (1987). Agostini v. Felton (1997). Marsh v. Chambers (1983). Lynch v. Donnelly (1984). Walz v. Tax Commission (1970). 10. THE CONSTITUTION AND CRIMINAL JUSTICE. Introduction. Search and Seizure. The Exclusionary Rule. Arrest. Police Interrogation and Confessions of Guilt. The Right to Counsel. Bail and Pretrial Detention. Plea Bargaining. Trial By Jury. The Protection Against Double Jeopardy. Incarceration and the Rights of Prisoners. The Death Penalty. Appeal and Postconviction Relief. Conclusion. Key Terms. For Further Reading. Internet Sources. Olmstead v. United States (1928). Katx v. United States (1967). Weeks v. United States (1914). Mapp v. Ohio (1961). United States v. Leon (1984). Miranda v. Arizona (1966). New York v. Quarles (1984). Powell v. Alabama (1932). Gideon v. Wainwright (1963). Batson v. Kentucky (1986). Kansas v. Hendricks (1997). Furman v. Georgia (1972). Gregg v. Georgia (1976). Payne v. Tennessee (1991). 11. PERSONAL AUTONOMY AND THE CONSTITUTIONAL RIGHT OF PRIVACY. Introduction. Constitutional Foundations of the Right of Privacy. Procreation and Birth Control. The Abortion Controversy. The Right of Privacy and Living Arrangements. Privacy and Gay Rights. Other Applications of the Right of Privacy. A Right to Die? Conclusion. Key Terms. For Further Reading. Internet Sources. Jacobson v. Massachusetts (1905). Meyer v. Nebraska (1923). Buck v. Bell (1927). Poe v. Ullman (1961). Griswold v. Connecticut (1965). Roe v. Wade (1973). Planned Parenthood v. Casey (1992). Bowers v. Hardwick (1986). Washington v. Glucksberg. 12. EQUAL PROTECTION AND THE ANTIDISCRIMINATION PRINCIPLE. Introduction. Levels of Judiciary Scrutiny in Equal Protection Cases. The Struggle for Racial Equality. The Affirmative Action Controversy. Gender-Based Discrimination. Other Forms of Discrimination. The Ongoing Problem of Private Discrimination. Conclusion. Key Terms. For Further Reading. Internet Sources. The Civil Rights Cases (1883). Plessy v. Ferguson (1896). Brown v. Board of Education of Topeka I (1954). Brown v. Board of Education of Topeka II (1955). Loving v. Virginia (1967). Swann v. Charlotte-Mecklenburg Board of Education (1971). Missouri v. Jenkins (1995). Adarand Construction, Inc. v. Pena (1995). Frontiero v. Richardson (1973). United States v. Virginia (1996). Romer v. Evans (1996). 13. ELECTIONS, REPRESENTATION AND VOTING RIGHTS. Introduction. Racial Discrimination in Voting Rights. The Reapportionment Decisions. Political Parties and Electoral Fairness. The Problem of Campaign Finance. Conclusion. Key Terms. For Further Reading. Internet Sources.Smith v. Allwright (1944). Gomillion v. Lightfoot (1960). Mobile v. Bolden (1980). Rogers v. Lodge (1982). Shaw v. Hunt (1996). Reynolds v. Sims (1964). Karcher v. Daggett (1983). APPENDICES: A: The Constitution of the United States of America. B: Chronology of Justices of the Supreme Court. C: Supreme Court Justices by Appointing President, State Appointed From, and Political Party. D: GLOSSARY. TABLE OF CASES. INDEX.