Civil Liberties and Public Policy

1. Civil Liberties and Public Policy

2. Introduction • Politics and government matter. • Americans are apathetic about politics and government. • Political decisions impact your daily life in some way, shape or form.

3. Introduction • The American Youth: • Few keep up with politics. • Less likely to be informed.

4. Introduction

5. Government & Politics • Government: • The institutions and processes through which public policies are made for society. • Politics: • How we elect our leaders and what our leaders do with government.

6. The Policymaking System • The process by which policy comes into being and evolves over time. • Policymaking begins and ends with the people! Figure 1.4 Figure 1.3

7. Linkage Institutions • The “institutions” that LINK the American people it their government! • Political Parties • Elections • News & Entertainment Media • Interest Groups • Linkage systems often provide the “push” in cases with significant impact on community!

8. Policy Agenda • Political Issues • These arise when people disagree about a problem and how to fix it. • Some issues will be considered, and others will not. • A government’s policy agenda changes regularly. • Taking issues to the Supreme Court, identifies political issues our society feels are important.

9. Policymaking Institutions • Legislature • Congress • House of Representatives • Senate • Executive • President • Cabinet & Executive Offices • Courts • Federal and State • Bureaucracies • Federal and State

10. Policy Impacts People • Impacts of Policies: • Does it solve the problem? • Does it create more problems?

11. The Bill of Rights–Then and Now • Civil Liberties • The legal constitutional protections against the government. • The Bill of Rights and the States • Written to restrict the national government. • Most are “incorporated” into state and local laws.

12. The Bill of Rights—Then and Now

13. The Bill of Rights—Then and Now

14. Freedom of Religion • The Establishment Clause • “Congress shall make no law respecting the establishment of religion.” • The Free Exercise Clause • Prohibits government from interfering with the practice of religion • Some religious practices may conflict with other rights, and then be denied or punished

15. Freedom of Expression • Prior Restraint • A government preventing material from being published. • Censorship. • May be permissible during wartime. • Alien & Sedition Acts of 1789. • Espionage Act of 1917. • May be punished after something is published. • New York Times v. US [1971]

16. Freedom of Expression • Free Speech and Public Order • Limited if it presents a “clear and present danger” • Defamation • Fighting Words • Speech in Special Places • Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action • Limited if on private property, like a shopping center

17. Freedom of Expression • Free Press and Fair Trials • The public has a right to know what happens. • The press’ own information may not be protected. • Shield Laws

18. Freedom of Expression • Obscenity • No clear definition on what constitutes obscenity. • Miller v.California stated that materials were obscene if the work: • appeals “to a prurient interest in sex” • showed “patently offensive” sexual conduct • lacks “serious literary, artistic, political or scientific value”

19. Freedom of Expression • Libel and Slander • Libel: • The publication of false or malicious statements that damage someone’s reputation. • Slander: • The same thing, only spoken instead of printed. • Different standards • private individuals v. public (politicians, celebrities) individuals • Difficult to prove

20. Freedom of Expression • Symbolic Speech • “Nonverbal communication, such as burning a flag or wearing an armband.” • Generally protected speech. • Constitutional to burn a flag (Texas v. Johnson). • Form of protest • Unconstitutional to burn a draft card. • Defacing government property

21. Freedom of Expression • Commercial Speech • Communication in the form of advertising. • Generally the most restricted and regulated form of speech. • License Plates: government cannot make us “mobile billboards”. • Regulation of the Public Airwaves • Broadcast stations must follow FCC rules. • Cable / satellite has blurred the lines. • Ties in with obscenity.

22. Freedom of Expression • Freedom of Assembly • Right to Assemble • Generally permissible, but must meet reasonable local standards. • Balance between freedom to assemble and order in society. • Right to Associate • Freedom to join groups / associations without government interference. • Government cannot deny association due to societal norms. • Communists organizations during 1950’s, White Supremacy groups today.

23. Defendants’ Rights • Interpreting Defendants’ Rights • Law enforcements are limited • Bill of Rights • Colonial Experience. • Failure to follow the rules usually invalidates a conviction. • Mapp v. Ohio [“exclusionary rule”] • Miranda v. Arizona [“self-incrimination/attorney”] • Gideon v. Wainwright [“right to counsel”] • Courts continually rule on what is constitutional and what is not.

24. Defendant’s Rights

25. Defendants’ Rights • Searches and Seizures • Probable Cause: • The situation occurring when the police have reason to believe that a person should be arrested. • This is more than a hunch! • Unreasonable searches and seizures: • Evidence is obtained in a haphazard or random manner. • Reasonable searches & seizures • Exclusionary Rule: • The rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained. • Mapp v. Ohio

26. Defendants’ Rights • Self-Incrimination • The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. • Fifth Amendment • Miranda warnings • Entrapments may be overturned

27. Defendants’ Rights • The Right to Counsel • The state must provide lawyers in most criminal cases. • Sixth Amendment • Gideon v. Wainwright • Trials • Plea bargaining: • An actual bargain between the prosecution and defense. • Juries generally consist of 12 people • Unanimity is not always needed to convict.

28. Defendants’ Rights • Cruel and Unusual Punishment • Unreasonable Bail/Fines • Bail Reform Act of 1984 • United States v. Salerno • The Death Penalty • Varies from state to state • Cannot be mandatory • Seen as constitutional • Furman v. Georgia (1972) • Gregg v. Georgia (1976)

29. The Right to Privacy • Is There a Right to Privacy? • The right to a private personal live free from the intrusion of government. • Not explicitly stated in the Constitution • Implied by the Fourth & Ninth Amendment • Very debatable • Griswold v. Connecticut [marital privacy] v. Bowers v. Hardwick [sexual privacy] • Lawerence v. Texas changed precedent!

30. The Right to Privacy • Controversy over Abortion • Roe v. Wade (1973) • Planned Parenthood v. Casey (1992) • Protections of those seeking an abortion • Rights of protesters When should abortions be legal? Figure 4.1

31. Understanding Civil Liberties • Civil Liberties and Democracy • People need the right to express themselves. • Courts continue to define the limits of civil liberties. • Civil Liberties and the Scope of Government • Must decide the line between freedom & order • Civil liberties limit the scope of government