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Civil Liberties. The Bill of Rights. Introduction. Civil liberties: negative restraints on government freedom v. order freedom of speech, press, religion Civil rights: what government must do rights guaranteed to individuals freedom v. equality. Civil liberties.

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civil liberties

Civil Liberties

The Bill of Rights

  • Civil liberties: negative restraints on government
    • freedom v. order
    • freedom of speech, press, religion
  • Civil rights: what government must do
    • rights guaranteed to individuals
    • freedom v. equality
civil liberties3
Civil liberties
  • most people agree that liberties can be restrained
  • issue becomes who puts limits on our liberties and how many limits are acceptable
  • how much freedom are YOU willing to give up?
should government restrain
Should government restrain...
  • a communist from teaching in college? in high school?
  • the distribution of a pamphlet to overthrow the government?
  • a KKK organization on campus?
  • Detention of “enemy combatants”?
how about
how about...
  • burning the American flag?
  • prayer in schools?
  • Random security searches at airports?
  • yelling “fire” in the theater during the opening day of Harry Potter?
Freedom to believe what we want is absolute; freedom to act on those beliefs must be reconciled with social order
  • sand castles
case write ups
Case write-ups
  • What issues involved in cases you researched?
influences on civil liberties and rights
Influences on civil liberties and rights
  • new social experiences or events (treason laws during times of war)
  • composition of the Supreme Court
  • change in public perspectives
why is the 14th amendment important
Why is the 14th amendment important?
  • vehicle by which the Supreme Court has incorporated the Bill of Rights to state actions
  • incorporation has been by one phrase at a time
  • due process and equal protection clause
palko v ct 1937
Palko v. CT (1937)
  • reinforced “selective incorporation”
  • Honor roll of rights: fundamental rights
  • today, most of the Bill of Rights applies to state actions
first amendment rights
First amendment rights
  • Freedom of religion
  • Freedom of speech and of the press
  • Freedom of assembly
freedom of speech and of the press
Freedom of speech and of the press
  • not absolute, but marketplace of ideas
  • advocacy of ideas must be linked to lawless action
types of restrictions
Types of restrictions
  • inciteful speech
  • slander and libel
  • obscenity
  • prior restraint
inciteful speech
Inciteful speech
  • Sandcastle: bad tendency to “clear and present danger” to direct incitement
slander and libel
Slander and libel
  • slander: untrue spoken statement that defames a person’s character
  • libel: (written)
  • requires proof of actual malice for public figure
  • work lacks any serious literary, artistic, political or scientific value
  • “reasonable person”/local standards
prior restraint
Prior Restraint
  • censorship: prohibiting something from being published
freedom of religion
Freedom of religion
  • “wall of separation” between church and state
  • at the core of our personal being
the establishment clause prohibits
The establishment clause prohibits
  • government sponsorship of religion
  • government financial support of religion
  • government’s active involvement in religious activity
lemon v kurtzman 1971
Lemon v. Kurtzman (1971)
  • 1. secular purpose?
  • 2. neither inhibits nor advances religion?
  • 3. Avoids excessive entanglement in religion?
free exercise clause
Free exercise clause
  • ability to practice religion freely
  • freedom v. order tensions
due process and criminal justice
Due process and criminal justice
  • 4th, 5th, 6th and 8th amendments
fourth amendment
Fourth amendment
  • unreasonable searches and seizures
  • without a warrant, police can search
    • person arrested
    • things in plain view of the accused
    • places/things in the person’s immediate control
  • anything if given permission
mapp v ohio 1961
Mapp v. Ohio (1961)
  • exclusionary rule applied to states
  • prohibits use of improperly seized evidence at a trial
fifth amendment
Fifth amendment
  • protection from self-incrimination
  • Miranda v. Arizona (1966)
    • Miranda rights
sixth amendment
Sixth amendment
  • right to counsel
  • Gideon v. Wainwright (1963)
  • applied 6th amendment to state felony cases
eighth amendment
Eighth amendment
  • cruel and unusual punishment
  • death penalty
  • Sandcastle: DNA tests; racial or income levels
food for thought
Food for thought...
  • should we be concerned about the uneven use of the death penalty among states?