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Civil Liberties

Civil Liberties. Chapter 4. 1 st Amendment Rights.

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Civil Liberties

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  1. Civil Liberties Chapter 4

  2. 1st Amendment Rights • Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or 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

  3. Bill of Rights • Importance of bill of rights - ratification of constitution (1788) - limits nat’l gov’t / fear of tyranny - ensure our civil liberties

  4. Freedom of Religion • Congress cannot respect or prohibit religion • establishment clause - “wall of separation” - gov’t must remain neutral • Can we have prayer in school? - Engel v Vitale (1962) - Court ruled prayer in public school is a violation of 1st amendment

  5. Ten Commandments in the Public sector- Constitutional? • A. Stone v Graham (1980) B. “Hang Ten” movement • Constitutional Ten Commandments

  6. Freedom of Religion • Free Exercise Clause - worship of any or no religion - Gov’t can intervene if harm is present

  7. Understanding Freedom of Speech

  8. Freedom of Speech • Can we criticize public officials? • What speech is prohibited? - “clear & present danger” test • Gitlow v. New York - speech may be curtailed if such expression might lead to some “evil”

  9. Prohibited areas of Speech • Can you say anything you want about someone else? • You are protected from defamation of character • Slander • Hate speech - speeches that can lead to violence

  10. Freedom of Expression • How do we express ourselves? • symbolic speech • Protection of Symbolic Speech - Texas v. Johnson (1989)

  11. Flag burning protest • Congress passed Flag protection Act of 1989 - ruled unconstitutional (1990) • What do you think?

  12. Prohibited areas of expression • Prohibited symbolic speech: “intent to intimidate” - burning a cross

  13. Prohibited areas of expression • campus banning of certain clothing

  14. Prohibited areas of Expression • Obscenity • What is obscenity? • Miller v. California

  15. Freedom of the Press • What is the press? • Does the press have freedom? • unless harm is present - Libel

  16. Freedom of the Press (continue) • What about libel against public officials? - N.Y. Times v. Sullivan(1964) - malice must be present

  17. Right to petition the Government

  18. Privacy Rights and Abortion • Do we have a right to privacy? • Roe v. Wade (1973) • Court’s recent view of Roe - Planned Parenthood v. Casey (1992) - court upheld law requiring preabortion counseling, waiting period, & consent

  19. Other Privacy Rights • Do we have a right to die? • “living wills” - treatment can be withdrawn at the request of a family member

  20. Other Privacy Rights • physician-assisted suicide - Court left issue to states / Oregon

  21. Rights of the accused (p 91-2) Have the courts done too much to protect the rights of the accused, or not enough?

  22. Extending rights of the accused • Gideon v Wainwright(1963) • Miranda v Arizona (1966) • Exclusionary Rule

  23. Death penalty • Since 1973, 100+ prisoners have been freed from death row after new evidence (DNA) has indicated their innocence or wrongful conviction • Is capital punishment a Barbaric act or is it a deterrent to crime? Or does it satisfy society’s need for justice & fair play? • Violation of 8th amendment?

  24. Death penalty • 37 states & Federal Gov’t have capital punishment

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