Civil Liberties

1. Civil Liberties

2. As an American citizen, what is your most important right? Why?

3. In the Bill of Rights, find the following: • The right to make fun of the president • The right to be Catholic • The right to privacy • The right to remain silent • The right to burn an American flag • The right to advocate the violent overthrow of the government Cartoonist Ken Catalino, from Cagle political cartoons (.com)

4. What does the Bill of Rights do? • Protect rights that facilitate democratic processes • Protect against state involvement in private life

5. Does the Bill of Rights prohibit actions taken by the states?

6. 14th Amendment All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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; nor deny to any person within its jurisdiction the equal protection of the laws.

7. Selective Incorporation • The Supreme Court selectively applies the provisions of the Bill of Rights to state laws and practices, one right at a time. • Practice started with the case Palko v. Connecticut

8. Why are rights of accused criminals so prominent in the Bill of Rights?

9. Rights of the criminally accused • Search and Seizure (4th)

10. Fourth • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

11. Rights of the criminally accused • Search and Seizure (4th) • Exclusionary rule (Mapp v. Ohio) • Limits?

12. Limits to the exclusionary rule • During a valid arrest • When searching to ensure evidence is not lost • When searching with consent of the subject • When search occurs in hot pursuit • When seizing evidence in plain view • When searching places that merit low protection

13. The court continues to grapple with these issues! • US. v. Jones (2012)

14. Rights of the criminally accused • Search and Seizure (4th) • Jury Trial (7th) • Double jeopardy (5th) • Self incrimination (5th) • Miranda v. Arizona (1966)

15. Rights of the criminally accused • Search and Seizure (4th) • Jury Trial (5th) • Double jeopardy (5th) • Self incrimination (5th) • Counsel (6th) • Gideon v. Wainwright (1963)

16. Rights of the criminally accused • Search and Seizure (4th) • Jury Trial (5th) • Double jeopardy (5th) • Self incrimination (5th) • Just compensation (5th) • Counsel (6th) • Cruel and unusual punishment

17. What other rights are essential to a functioning democracy?

18. Free expression • Congress shall make no law … abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

19. Rights to free expression • Freedom of Speech • Strict Scrutiny: Burden of proof is placed on the government to show that the law is constitutional rather than on the challengers to show that the law is not constitutional.

20. Protected Speech • The truth. • Except words that present a clear and present danger • Except fighting words • Except obscenity • Falsehoods • Unless “reckless disregard for the truth” • Libel (print) • Slander (oral) • “Speech Plus” Conduct • Flag burning

21. Does the first Amendment give the an individual the right to engage in “offensive” speech?Does it mean that we can’t criticize and apply social pressure to silence speech we don’t like?

22. Freedom of the Press • Doctrine of no prior restraint. • Near v. Minnesota

23. Freedom of religion • “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof” • Two clauses: • Establishment clause • Free exercise clause

24. Establishment clause issues • Does teaching intelligent design in public school science classes constitute laws “respecting” an establishment of religion?Does allowing a moment of silence at the beginning of a class period?Does reciting the phrase “under God” in the Pledge of Allegiance?

25. The Lemon Test • Lemon v. Kurtzman, 1971 • The law must have a secular purpose • The law’s primary effect must be one that neither advances nor inhibits religion • The law must not foster excessive government entanglement with religion • What are some problems with this test?

26. The neutrality test • A law cannot favor religious over nonreligious (or nonreligious over religious) groups engaged in the same activity.

27. Right to bear arms • A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

28. Privacy • Read Griswold v. Connecticut (1965). • How would you decide this case? • What is a penumbra? • Where in the Constitution does the court find the right to privacy?

29. Right to privacy • Found in penumbra created by: • Right to associate (1st) • No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law. (3rd) • The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated (4th) • Right against self incrimination (5th) • The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. (9th)