Students understand the Supreme Court’s current and past interpretation of civil liberties by analyzing
court opinions and legal precedent.
Throughout the history of the United States government, our democracy has struggled to find the balance
between liberty and order. According to philosophers such as Thomas Hobbes and John Locke,
governments are created to keep their citizens safe. This requires restricting the complete freedom that
comes from life without government and laws. However, when the British government used its laws to
restrict the inalienable liberties of American colonists, these colonists declared independence and
created their own constitution. This Constitution included a Bill of Rights to list those inalienable liberties
that should not be limited by the government. However, there have been times in the history of the United
States when certain limitations on these liberties have been upheld, even by the Supreme Court. Other
times, the courts have ruled that government limitations on liberties have gone too far.
Below, you will read excerpts from two different cases where we can see the court debating over this line
between liberty and order/safety.
- Read the excerpts to gain an understanding of the cases and their impact on our civil liberties.
- Highlight the parts of the rulings that allow the government to limit liberty in red and highlight the parts
of the rulings that protect a liberty from the government in green. (Hint: you may not see both colors within
the same case). ( 1 Point per case)
- Then, answer the questions that follow these excerpts.
Case 1:
Schenck v US
https://youtu.be/9bkpZkVnVGM
Sample Solution