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4. Civil Liberties. 4. Video: The Big Picture. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg1_v2.html. 4. Learning Objectives. Outline the issues and compromises that were central to the writing of the Constitution. 4.1.

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Civil liberties

4

Civil Liberties


Video the big picture

4

Video: The Big Picture

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg1_v2.html


Civil liberties

4

LearningObjectives

Outline the issues and compromises that were central to the writing of the Constitution

4.1

Analyze the underlying principles of the Constitution

4.2


Civil liberties

4

LearningObjectives

Outline the First Amendment guarantees of and limitations on freedom of speech, press, assembly, and petition

4.3

Summarize changes in the interpretation of the Second Amendment right to keep and bear arms

4.4


Civil liberties

4

LearningObjectives

Analyze the rights of criminal defendants found in the Bill of Rights

4.5

Explain the origin and significance of the right to privacy

4.6


Civil liberties

4

LearningObjectives

Evaluate how reforms to combat terrorism have affected civil liberties

4.7


Video the basics

Video: The Basics

4

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_CivilLiberties_v2.html


Civil liberties

4.1

Roots of Civil Liberties:

The Bill of Rights

  • The Incorporation Doctrine: The Bill of Rights Made Applicable to the States

  • Selective Incorporation and Fundamental Freedoms


Civil liberties

4.1

The Incorporation Doctrine:

The Bill of Rights Made Applicable to the States

  • Fourteenth Amendment

    • Bill of Rights applies to actions of states, not just federal government

  • Due process clause

    • Applied to Bill of Rights

  • Substantive due process


Civil liberties

4.1

When did the Court first articulate the

doctrine of selective incorporation?


Civil liberties

4.1

Selective Incorporation and Fundamental Freedoms

  • Fundamental freedoms protected under selective incorporation

  • Rights that states must protect:

    • Freedom of press

    • Freedom of speech

    • Freedom of assembly


Civil liberties

4.1

TABLE 4.1 How has selective incorporation made the Bill of Rights applicable to the states?


Video in context

Video: In Context

4.1

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilLiberties_v2.html


Civil liberties

4.1

4.1What does the Bill of Rights

include?

  • The first 10 amendments to the Constitution

  • All of the amendments to the Constitution

  • The first 14 amendments to the Constitution

  • A list of basic freedoms outlined in the Preamble to the Constitution


Civil liberties

4.1

4.1What does the Bill of Rights

include?

  • The first 10 amendments to the Constitution

  • All of the amendments to the Constitution

  • The first 14 amendments to the Constitution

  • A list of basic freedoms outlined in the Preamble to the Constitution


Civil liberties

4.2

First Amendment Guarantees: Freedom of Religion

  • The Establishment Clause

  • The Free Exercise Clause


Civil liberties

4.2

The Establishment Clause

  • Separation of church and state

  • Lemon test

    • Must have secular purpose

    • Must not advance or prohibit a religion

    • Must not entangle government with religion


Civil liberties

4.2

Should children be required to pray in

school?


Civil liberties

4.2

Free Exercise Clause

  • Free exercise clause not absolute

    • Some religious rites considered illegal

    • State must provide compelling reason to limit exercise of religion


Civil liberties

4.2

4.2Which of the following is not part

of the Lemon test?

Law must neither advance nor inhibit religion

Law must not foster government entanglement with religion

Law must not impose costs on religious

organizations

d. Law must have a secular legislative purpose


Civil liberties

4.2

4.2Which of the following is not part

of the Lemon test?

Law must neither advance nor inhibit religion

Law must not foster government entanglement with religion

Law must not impose costs on religious

organizations

d. Law must have a secular legislative purpose


Civil liberties

4.3

First Amendment Guarantees: Freedoms of Speech, Press, Assembly, and Petition

  • Freedoms of Speech and the Press

  • Protected Speech and Press

  • Unprotected Speech and Press

  • Freedoms of Assembly and Petition


Civil liberties

4.3

Freedoms of Speech and the Press

  • Prior restraint

  • Alien and Sedition Acts

    • Censored criticisms of the government

  • Slavery, Civil War

    • speech again censored

  • World War I and anti-government speech


Civil liberties

4.3

Protected Speech and Press

  • Limiting prior restraint

  • Symbolic speech

  • Hate speech


Civil liberties

4.3

How broad is the right to symbolic speech?


Civil liberties

4.3

Unprotected Speech and Press

  • Unprotected speech

    • Libel

    • Slander

    • Fighting words

    • Obscenity


Civil liberties

4.3

Freedoms of Assembly and Petition

  • Freedom to assemble hinges on peaceful conduct

    • Subject to rules regarding free speech

  • Right to petition government about issues


Civil liberties

4.3

How do we use our right to assemble?


Civil liberties

4.3

4.3What standard is not considered

when defining obscenity?

  • Is it based on community norms?

  • Is it sexually offensive?

  • Does it have artistic or political value?

  • Is it harmful to minors?


Civil liberties

4.3

4.3What standard is not considered

when defining obscenity?

  • Is it based on community norms?

  • Is it sexually offensive?

  • Does it have artistic or political value?

  • Is it harmful to minors?


Explore the simulation you are a police officer

Explore the Simulation: You Are a Police Officer

4.3

http://media.pearsoncmg.com/long/long_longman_media_1/2013_mpsl_sim/simulation.html?simulaURL=5


Civil liberties

Included to prevent Congress from disarming state militias

Dred Scott v. Sandford (1857)

The right to bear and carry arms a basic right of citizenship

4.4

Second Amendment: Right to Keep and Bear Arms


Civil liberties

4.4

4.4What was an original intent of the Second Amendment?

  • To require colonists to keep and bear arms

  • To disarm the state militias

  • To regulate the sale of firearms

  • To preserve the right to revolt against the government


Civil liberties

4.4

4.4What was an original intent of the Second Amendment?

  • To require colonists to keep and bear arms

  • To disarm the state militias

  • To regulate the sale of firearms

  • To preserve the right to revolt against the government


Civil liberties

4.5

Rights of Criminal Defendants

  • The Fourth Amendment and Searches and Seizures

  • The Fifth Amendment

  • The Fourth and Fifth Amendments: The Exclusionary Rule

  • The Sixth Amendment: Right to Counsel

  • The Sixth Amendment: Jury Trials

  • The Eighth Amendment: Cruel and Unusual Punishment


Civil liberties

4.5

The Fourth Amendment and Searches and Seizures

  • Protection from unreasonable searches

    • Warrants

    • Probable cause

  • Drug tests


Civil liberties

4.5

The Fifth Amendment

  • Protection against self-incrimination

  • Miranda v. Arizona (1966)

    • Right to remain silent

    • Knowledge that what you say can be used against you

    • Right to an attorney present during questioning

    • Right to have an attorney provided if you cannot afford one

  • Double jeopardy


Civil liberties

4.5

Why was Ernesto Miranda important to the development of defendants’ rights?


Civil liberties

4.5

The Fourth and Fifth Amendments: Exclusionary Rule

  • Mapp v. Ohio (1961)

  • Exceptions to the exclusionary rule

    • “Good faith” mistakes


Civil liberties

4.5

The Sixth Amendment and

Right to Counsel

  • Sixth Amendment right to attorney

    • Gideon v. Wainwright (1963)

    • State must provide attorney for indigent

    • Right to counsel begins with first appearance before a judge


Civil liberties

4.5

The Sixth Amendment and Jury Trials

  • Speedy and public trial by impartial jury

  • Right to confront witnesses

  • Jury of peers

    • Racial peers

    • Gender


Civil liberties

4.5

The Eighth Amendment and Cruel and Unusual Punishment

  • Cruel and unusual punishment not defined

  • Furman v. Georgia (1972)

  • Protecting the wrongfully convicted


Civil liberties

4.5

How do states vary in their application of the death penalty?


Video in the real world

Video: In the Real World

4.5

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_CivilLiberties_v2.html


Civil liberties

4.5

4.5 Because of the ____, lawyers

cannot select jurors on the basis of gender.

  • Fifth Amendment

  • Civil Rights Act of 1964

  • role of political correctness

  • equal protection clause


Civil liberties

4.5

4.5Because of the ____, lawyers

cannot select jurors on the basis of gender.

  • Fifth Amendment

  • Civil Rights Act of 1964

  • role of political correctness

  • equal protection clause


Explore civil liberties should the government apply the death penalty

Explore Civil Liberties: Should the Government Apply the Death Penalty?

5.4

http://media.pearsoncmg.com/long/long_oconnor_mpslag_12/pex/pex4.html


Civil liberties

4.6

Right to Privacy

  • Birth Control

  • Abortion

  • Homosexuality


Civil liberties

4.6

Birth Control

  • Right of women to obtain contraceptives

  • Griswold v. Connecticut (1965)


Civil liberties

4.6

What was the outcome of

Griswold v. Connecticut (1965)?


Civil liberties

4.6

Abortion

  • Roe v. Wade

    • Prohibits state bans on abortion

  • Planned Parenthood v. Casey (1992)

    • Restrictions cannot place “undue burden” on woman


Civil liberties

4.6

Homosexuality

  • Right to privacy extends to private sexual behavior

  • Lawrence v. Texas (2003)


Civil liberties

4.6

Which case led to greater discussion of gay rights issues?


Video thinking like a political scientist

Video: Thinking Like a Political Scientist

4.6

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilLiberties_v2.html


Civil liberties

4.6

4.6What was the decision in

Griswold v. Connecticut based on?

  • Right to privacy

  • Right to information about family planning

  • Right to abortion

  • Right to sexual conduct


Civil liberties

4.6

4.6What was the decision in

Griswold v. Connecticut based on?

  • Right to privacy

  • Right to information about family planning

  • Right to abortion

  • Right to sexual conduct


Civil liberties

4.7

Toward Reform: Civil Liberties and Combating Terrorism

  • The First Amendment

  • The Fourth Amendment

  • Due Process Rights


Civil liberties

4.7

The First Amendment

  • USA PATRIOT Act

    • Limits on freedom of speech

    • Constraints on media


Civil liberties

4.7

The Fourth Amendment

  • The USA PATRIOT Act and impact on illegal search and seizure

    • Private records

    • Search of private property

    • Collection of foreign intelligence

    • Who is sending and receiving communications


Civil liberties

4.7

Due Process Rights

  • Reduced rights of habeas corpus

  • Detention facilities

  • Right to trial by jury

  • Cruel and unusual punishment


Civil liberties

4.7

What are living arrangements like for detainees?


Civil liberties

4.7

4.7Which rights have been affected

by the USA PATRIOT Act and the

Military Commissions Act?

  • The right to trial by jury

  • The protection from illegal search and seizure

  • The right to obtain legal counsel

  • All of the above


Civil liberties

4.7

4.7Which rights have been affected

by the USA PATRIOT Act and the

Military Commissions Act?

  • The right to trial by jury

  • The protection from illegal search and seizure

  • The right to obtain legal counsel

  • All of the above


Civil liberties

4

Overall, have the Court’s rulings on civil liberties strengthened citizens’ rights or weakened them in favor of government restrictions? Are there any notable trends over time?

Discussion Question


Video so what

4

Video: So What?

http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg6_v2.html


Civil liberties

4

Further Review: On MyPoliSciLab

  • Listen to the Chapter

  • Study and Review the Flashcards

  • Study and Review the Practice Tests


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