Civil Liberties

1. Civil Liberties A.P. U.S. Government & Politics

2. What are Civil liberties • Rights that belong to all Americans • Protections against government action • Guaranteed by the Constitution, legislation, and judicial decisions

3. Bill of rights review • 1: • 2: • 3: • 4: • 5: • 6: • 7: • 8: • 9: • 10:

4. Where do we get our civil liberties? • The Original Constitution • Mentions specific rights considered to be fundamental freedoms by the founding fathers • Writ of habeas corpus- brought before the court & informed of charges against you • No bills of attainder- cannot be punished without a trial • Noex post facto laws- laws applied to acts committed before the law’s passage are unconstitutional • Trial by jury • Bill of Rights • Freedom of religion, speech, press, petition, & assembly • No unreasonable searches and seizures • Protection against self-incrimination & double jeopardy • 14th Amendment • Incorporation of Bill of Rights to state & local governments • Legislative Actions • Sets limits on one person’s rights over another for the interest of society • Court Decisions • Protect rights thru the use of judicial review

5. The first amendment Of these 5 freedoms guaranteed in the 1st Amendment, which is the most important to you, & why?

6. Freedom of religion • Religion • “Congress shall pass no law respecting an establishment of a religion, or prohibiting the free exercise thereof” – 1st Amend. Establishment Clause- • cannot establish any religion as the national religion, favor one religion over another, or use tax money for religious purposes Free Exercise Clause- • Guarantees the right to practice any religion, or no religion at all • Belief vs. Practice: belief- absolute, practice- limited

7. Issues regarding the freedom of religion • Aid to religious schools • School prayer • Public religious displays • Evolution • Free exercise vs. belief of religion

8. Cases to Know: • Engel v. Vitale (1962) • Epperson v. Arkansas (1968) • Lemon v. Kurtzman (1971) • Lynch v. Donnelly (1984) • Lee v. Weisman (1992) • Kitzmiller v. Dover (2005) • Reynold’s v. United States (1879) • Wisconsin v. Yoder (1972) • Employment Division of Oregon v. Smith (1990) • Church of the LukumiBabalu Aye v. City of Hialeah (1993) • Religious Freedom Restoration Act of 1993 • City of Boerne, Texas v. Flores

9. Freedom of Speech • Types of Speech • Pure Speech-verbal, given the most protection by the courts • Symbolic Speech-using actions & symbols to convey and idea • Speech Plus-verbal & symbolic used together, may be limited • Regulating Speech • Usually in the interest of national security

10. Issues regarding the freedom of Speech • Libel • Written defamation of character • Very difficult to prove • Symbolic speech • Non-verbal actions of expressions • Commercial speech • Advertising is considered speech • Clear and present danger rule • Gov can limit speech if dangerous to themselves or others • Obscenity • Speech violates “community standards” • Speech creates unnatural interest in sex • Material depicts offensive sexual context • Lacks any “serious” purpose • Slander • Spoken defamation of character

11. Cases to Know: • Alien and Sedition Act (1798) • Schenck v. United States (1919) • Gitlow v. New York (1925) • Chaplinksy v. New Hampshire (1942) • Tinker v. Des Moines (1969) • Texas v. Johnson (1898)

12. Freedom of the Press • Prior Restraint • Government’s efforts to prevent publication • The gov cannot prevent a story from being published • Allowed in school • Protected because it is closely related to the freedom of speech • Includes: newspapers, magazines, radio, tv, & the internet • Facebook?

13. Cases to Know: • New York Times v. Sullivan (1964) • New York Times v. United States (1971) • Hazelwood School District v. Kuhlmeier (1988)

14. Freedom of Assembly & Petition • 1st Amendment: “the right of the people peacefully to assemble, and to petition the government for a redress of grievances” • Applies to both public & private places • Includes: petitions, letters, picketing, demonstrations, parades, and marches • Government may set limits on these freedoms to protect the rights and safety of others • Limits usually in context of time, place, and manner United for Care What about gangs?

15. Cases to Know: • Dejonge v. Oregon (1937) • Thornhill v. Alabama (1940) • Lloyd Corporation v. Tanner (1972) • Boy Scouts of America v. Dale (2000)

16. 14th Amendment • Section 1: “…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…” • Selective Incorporation-the application of the Bill of Rights to individual states • Not all of the Bill of Rights have been applied to the states • The following Amendments have NOT been incorporated: • 2nd, 3rd, 5th, 7th, 8th

17. Property Rights • The 5th & 14th Amendments provide for the protection of private property guaranteeing the government cannot deprive a person of “life, liberty, or property without the due process of law” • What is Due Process? • Substantive Due Process- involves the policies of government or the subject matter of the laws, determining if the law is fair or it violates constitutional protections • Procedural Due Process- the method of government action or how the law is carried out, according to the established rules and procedures

18. Right to Privacy • The most controversial area of civil liberties • The Constitution does not directly mention a “right to privacy” • The Supreme Court has interpreted several rights that fall under the “right to privacy” using the 1st, 3rd, 4th, 9th, and 14th Amendments Right to Privacy? The USA Patriot Act

19. Cases to Know • Griswold v. Connecticut (1965) • Roe v. Wade (1973) • Planned Parenthood v. Casey (1992)

20. Rights of the Accused • Amendments 4-8 address rights of the accused • Amendment 14 extends those rights to the states • Fourth Amendment:freedom from unreasonable search & seizure • Fifth Amendment:freedom from self-incrimination, double jeopardy, & eminent domain • Sixth Amendment: right to an attorney, to be notified of charges against him & faced by his accusers, & right to a speedy and public trial by jury • Eighth Amendment: freedom from cruel & unusual punishment

21. Issues regarding the rights of the accused • 4th Amendment Exceptions: • Immediate searches can take place without warrant: • Following a legal arrest • Search if given consent • Material is in plain view • Reason to believe evidence would disappear • Right to trial by jury • Only incorporated during criminal cases • Right to counsel • Not required in civil cases • Miranda Rights • Must be notified of the right to an attorney before questioning • Right to speedy trial • 100 day rule unless more time is requested by counsel • Exclusionary Rule • Evidence obtained illegally during a search may not be used in court • Objective good faith exception- allows if found in “good faith” • Death Penalty • Freedom from excessive bail • Not every criminal must be offered bail if considered dangerous or likely to flee • Not incorporated • Rights of the accused go to far • Makes it more difficult to capture, try, and imprison criminals

22. Cases to Know: • Mapp v. Ohio (1961) • United States v. Leon (1984) • Terry v. Ohio (1968) • Nix v. Williams (1984) • Miranda v. Arizona (1966) • Gideon v. Wainwright (1963) • Escobedo v. Illinois (1964) • Atkins v. Virginia (2002)