Civil Liberties

1. Civil Liberties By: Andrew N., Agon A., Grace S.

2. What are Civil Liberties? The legal constitutional protections against government that aredefined by courts, legislature and police.

3. The Beginnings of Civil Liberty Assessment. Barron v. Baltimore 1833: Bill of Rights restrained only the national government not states and cities. Gitlow v. New York 1925 Court ruled that state government must respect some First Amendment rights Freedom of press and speech are fundamental personal rights and libertiesprotected by due process clause of the 14th Amendment This decision began the development of the incorporation doctrine

4. Incorporation Doctrine Legal concept which the Supreme Court has nationalized theBill of Rights by making most of its provisions applicable to the states through theFourteenth Amendment. Today only the Second, Third, and Seventh Amendment and the possibilities againstexcessive fines and bail in the Eighth Amendment have not been applied specificallyto states.

5. What are your Civil Liberties? Freedom of Religion Freedom of Expression Defendants’ Rights Right to Privacy

6. Freedom of Religion 1st Amendment Establishment Clause: No establishment of religion in public government. “Congressshall make no law respecting on establishment of religion.

7. Free Exercise Clause Prohibits government from interfering with the practice of religion.

8. Lemon v. Kurtzman 1971 Government aid to parochial schools must have a secular purpose and not advanceor inhibit religion. Engel v. Vitale 1962 State officials violated by New York school children. School District of Abigton Township, Pennsylvania v. Schempp 1963 Pennsylvania law requiring Bible reading in schools violated establishment clause ofthe First Amendment.

9. Freedom of Expression, Free Speech, Free Press Near v. Minnesota Schneck V. United States Ruth v. United States 1957 Miller v. California 1973 Texas v. Johnson 1989

10. Near v. Minnesota 1931 Prior restraint: Government preventing material from being publishedunconstitutional Government can limit speech and press if it provokes a clear and present danger ifsubstantive civils.

11. Schneck V. United States Government can limit speech and press if it provokes a clear and present danger ifsubstantive civil. Obscenity: not protected speech, press.

12. Roth v. United States 1957 Supreme Court ruled that “obscenity is not within the area of constitutional, protected speech or press.”

13. Miller v. California 1973 Didn’t define obscenity but said community standards be used to determine whethermaterial is “obscene.” Libel: False or malicious statements that damage someone’s reputation.

14. New York Times v. Sullivan 1964 Determined guidelines to win damage suits for libel individuals must prove that thedeformatory statements were made with “actual malice” and reckless disregard forthe truth.

15. Texas v. Johnson 1989 Symbolic Speech: Non verbal communication protected under the First Amendment. Supreme Court struck a law burning the burning of the flag.

16. What are Defendant Rights? Defendant Rights: Bill of Rights originally intended to protect the accused in politicalarrests and trials, vague language “speedy trial” “cruel and unusual” 4th Amendment: forbids unreasonable search and seizures. Search Warrant and probable clause needed for police search. Exclusionary role: Evidence, no matter how incriminatory can’t be introduced to trials if not constitutionally obtained.

17. Mappv.Ohio 1961- Supreme court decided fourth amendment protections againstsearches and seizures must be expanded to states along with exclusionary rule. U.S Patriot Act: Government given broad new powers for wire trapping, surveillanceand investigation of terrorist subjects after September 11, 2001. Self Incrimination: Suspects cant be forced with own connection. 5th Amendment: No person shall be compelled to be a witness against himself. Government can give suspects immunity in exchange for testimony.

18. Miranda v. Arizona 1991 Supreme Court set guidelines for police questions of accused persons to protectthem against self- incrimination and to protect right to counsel. Miranda Rights- must be told that: Constitutional right to remain silent What they say can be used against them Have a right to have a lawyer and court will provide an attorney if they cant afford one. Right to Counsel Sixth Amendment: Constitutional amendment protects individuals accused ofcrimes, includes right counsel, right to confront witness, and right to speedy and public trial.

19. Gideon v. Wainwright Established that everyone has a right to a lawyer. Cruel and Unusual Punishment: What is “cruel “ and “unusual”? Eight Amendment: Forbids cruel and unusual punishment. Furman v. Georgia 1972 Court ruled Georgia’s death penalty “freakish” and “random” and overturned it. George v. Georgia 1976 Supreme court upheld constitutionality of death penalty and said death penaltyis “suitable to the most extreme of crimes.”

20. Right to Privacy Right to Privacy: Right to a private personal life free from the intrusion ofgovernment.

21. Abortion Roe v. Wade 1973 Supreme Court holds that state bans on abortions are unconstitutional forbadestates’ control over abortions during first trimester, permitted state to limitabortions to protect mother’s health in second trimester, as permitted states toSupreme Court loosened protect the fetus during the third trimester. Planned Parenthood v. Casey 1992 standard for evaluating restrictions on abortion.

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