Part 3 of Course project – Survey Research -DUE NOW Homework/Classwork for Unit 3 DUE NOW

Part 3 of Course project – Survey Research -DUE NOW • Homework/Classwork for Unit 3 DUE NOW • Quiz # 2 is next week – units 3&4 - Please check class website for review sheet. • Today’s topics are Civil Liberties and Civil Rights • Two writing assignments – Rights of the accused and White men can Vote • LRC presentation on essay writing

Email Addresses • Your instructor still does not have email addresses for: • Jeff Cathey • Don Hedrick • Armando Mejia • Micah Souza

4 Civil Liberties

Video: The Big Picture 4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg1_v2.html

Video: The Basics 4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg2_CivilLiberties_v2.html

4.1 Roots of Civil Liberties: The Bill of Rights • The Incorporation Doctrine: The Bill of Rights Made Applicable to the States • Called - Selective Incorporation

4.1 The Incorporation Doctrine: The Bill of Rights Made Applicable to the States • Fourteenth Amendment • Bill of Rights applies to actions of states, not just federal government

4.1 Selective Incorporation and Fundamental Freedoms • Fundamental freedoms protected under selective incorporation • Rights that states must protect: • Freedom of press • Freedom of speech • Freedom of assembly • Etc.

4.1 4.1What does the Bill of Rights include? • The first 10 amendments to the Constitution • All of the amendments to the Constitution • The first 14 amendments to the Constitution • A list of basic freedoms outlined in the Preamble to the Constitution

Complete the RIGHTS OF THE ACCUSED Writing Assignment 30 minutes

4.2 First Amendment Guarantees: Freedom of Religion • The Establishment Clause • No religion established by government • The Free Exercise Clause • People are free to practice whatever religion they want as long as it does not contain illegal activities

4.2 The Establishment Clause • Separation of church and state • Lemon test • Must have secular purpose • Must not advance or prohibit a religion • Must not entangle government with religion

4.2 Free Exercise Clause • Free exercise clause not absolute • Some religious rites considered illegal • State must provide compelling reason to limit exercise of religion

4.2 4.2Which of the following is not part of the Lemon test? • Law must neither advance nor inhibit religion • Law must not foster government entanglement with religion • Law must not impose costs on religious organizations d. Law must have a secular legislative purpose

4.3 First Amendment Guarantees: Freedoms of Speech, Press, Assembly, and Petition • Freedoms of Speech and the Press • Protected Speech and Press • Unprotected Speech and Press • Freedoms of Assembly and Petition

4.3 Freedoms of Speech and the Press • Alien and Sedition Acts • Censored criticisms of the government • Slavery, Civil War • speech again censored • World War I and anti-government speech

4.3 Protected Speech and Press • Limiting prior restraint • Symbolic speech • http://www.youtube.com/watch?v=evPUrgQ5Fz0 • Hate speech – feel free to hate anyone you want for any reason

4.3 How broad is the right to symbolic speech?

Unpopular Expression • I disapprove of what you say, but I will defend to the death your right to say it. • Voltaire

4.3 Unprotected Speech and Press • Unprotected speech • Libel • Slander • Fighting words • Obscenity

4.3 Freedoms of Assembly and Petition • Freedom to assemble hinges on peaceful conduct • Subject to rules regarding free speech • Right to petition government about issues

Included to prevent Congress from disarming state militias The right to bear and carry arms is a basic right of citizenship 4.4 Second Amendment: Right to Keep and Bear Arms

4.4 4.4What was an original intent of the Second Amendment? • To require colonists to keep and bear arms • To disarm the state militias • To regulate the sale of firearms • To preserve the right to revolt against the government

4.5 Rights of Criminal Defendants • The Fourth Amendment and Searches and Seizures • The Fifth Amendment: Self-Incrimination and Double Jeopardy • The Fourth and Fifth Amendments: The Exclusionary Rule • The Sixth Amendment: Right to Counsel • The Sixth Amendment: Jury Trials • The Eighth Amendment: Cruel and Unusual Punishment

4.5 The Fourth Amendment and Searches and Seizures • Protection from unreasonable searches • Warrants • Probable cause • Drug tests

4.5 The Fifth Amendment: Self-Incrimination and Double Jeopardy • Protection against self-incrimination • Miranda v. Arizona (1966) • Right to remain silent • Knowledge that what you say can be used against you • Right to an attorney present during questioning • Right to have an attorney provided if you cannot afford one • Double jeopardy

4.5 The Fourth and Fifth Amendments and the Exclusionary Rule • Mapp v. Ohio (1961) – “Landmark” Case • Evidence can be “excluded” from a trial if it is obtained illegally • Exceptions to the exclusionary rule • “Good faith” mistakes

4.5 The Sixth Amendment and Right to Counsel • Sixth Amendment right to attorney • Gideon v. Wainwright (1963) • State must provide attorney for indigent • Right to counsel begins with first appearance before a judge

4.5 The Sixth Amendment and Jury Trials • Speedy and public trial by impartial jury • Right to confront witnesses • Jury of peers • Racial peers • Gender

4.5 The Eighth Amendment and Cruel and Unusual Punishment • Cruel and unusual punishment not defined • Furman v. Georgia (1972) • US Supreme Court ruled there must be consistency throughout the states in the application of the death penalty

4.5 How do states vary in their application of the death penalty?

Video: In the Real World 4.5 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg5_CivilLiberties_v2.html

4.6 Right to Privacy • Birth Control • Abortion • Homosexuality

4.6 Birth Control • Right of women to obtain contraceptives • Griswold v. Connecticut (1965) • Landmark US Supreme Court case that invalidated state laws banning contraception • Going too far???? • http://www.youtube.com/watch?v=3aYuMPh8iFY

4.6 Abortion • Roe v. Wade • Prohibits state bans on abortion in the first 2 trimesters (6 months) of a woman’s pregnancy • But what about these? Some States challenging Roe v. Wade • http://www.youtube.com/watch?v=h6ik4jJcjzg • http://www.youtube.com/watch?v=6F5FDrRZMRg • Planned Parenthood v. Casey (1992) • Restrictions cannot place “undue burden” on woman

4.6 Homosexuality • Right to privacy extends to private sexual behavior • Lawrence v. Texas (2003) • Landmark US Supreme Court case that invalidated state laws on sodomy

4.6 4.6What was the decision in Griswold v. Connecticut based on? • Right to privacy • Right to information about family planning • Right to abortion • Right to sexual conduct

4.7 Toward Reform: Civil Liberties and Combating Terrorism • The First Amendment • The Fourth Amendment • Due Process Rights

4.7 The First Amendment • USA PATRIOT Act • Limits on freedom of speech • Constraints on media

4.7 The Fourth Amendment • The USA PATRIOT Act and impact on illegal search and seizure • Private records • Search of private property • Collection of foreign intelligence • Who is sending and receiving communications • Hear of the NSA?

4.7 Due Process Rights • Reduced rights of habeas corpus • Detention facilities • Right to trial by jury • Cruel and unusual punishment

Video: In Context 4.1 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/Seg3_CivilLiberties_v2.html

4.7 4.7Which rights have been affected by the USA PATRIOT Act and the Military Commissions Act? • The right to trial by jury • The protection from illegal search and seizure • The right to obtain legal counsel • All of the above

Video: So What? 4 http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg6_v2.html

5 Civil Rights

Part 3 of Course project – Survey Research -DUE NOW Homework/Classwork for Unit 3 DUE NOW