Civil Liberties
You must memorize the Bill of
Rights; there will be a quiz down
the road…
CH. 4
National Judiciary
Reading
 Understanding the Federal Court System
Historical Overview: The
14th Amendment Reading
 Then read the 14th Amendment/Section 1 of
the Constitution and dissect it. Look for equal
protection clause, due process clause and the
definition of citizenship.
 Read: Historical Overview: The Fourteenth
Amendment and the Selective Incorporation
of the Bill of Rights
 Answer the questions that follow
 https://www.youtube.com/watch?v=qKK5KVI
9_Q8&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhr
z8H&index=29
Ruth Bader Video
 The 14th Amendment
 Complete the questions as you watch the
video
Civil Liberties Defined
 What are civil liberties
 Essential ingredient for a democracy
 Legal and constitutional protections against the
government!
Bill of Rights
 First enacted in 1791
 Protect basic liberties
 Intended to be protection against the national government only
 1st Amendment: Congress shall make no law
 Barron v. Baltimore: 1833-restrained national government only
 Gitlow v New York: 1925: now restrains states as well under the
Fourteenth Amendment
 What words in the 14th Amendment force states to protect rights
written in the Bill of Rights?
 Incorporation Doctrine: Started with Gitlow/See chart on p. 99:
Extending Bill of Rights to states is still controversial…
 What has not been incorporated? 2nd, 3rd, 7th right to a jury trial
in civil cases, and grand jury indictment in 5th…
 https://www.youtube.com/watch?v=Mp3tgW5MlPU&index=24
&list=UUxuKNfL50oOfjLtUw73gmiA
Freedom of Religion
 Establishment Clause: Congress shall make no
law respecting an establishment of religion.
 Free exercise clause: prohibits the abridgment
of citizens’ freedom to worship or not to worship
as they please.
 Wall of Separation…what is your view? P. 99
 Aid to religious school
 Johnson said it is funding students not schools. What
does this mean?
 https://www.youtube.com/watch?v=Y8dI1GTWCk4&list=
PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=24
Lemon v. Kurtzman Test
 In order to receive funding they must meet
the following criteria:
 Secular purpose only
 Have primary effect that neither advances nor
inhibits religion
 No religious entanglement/Can be spent on
building, textbooks, computers, equipment,
lunches, transportation/Can not be spent on field
trips, teacher pay…Why?
More Cases
 Agostini v. Feldman: public schools can send
teachers into religious schools to teach remedial
programs and supplemental programs for needy
children.
 Zelman v. Simmons-Harris: school vouchers to
pay tuition
 Can public schools be used for religious
purposes? Under what circumstances? Legally
how is this possible?
 Equal Access Act: What does this say?
 What can not be done in schools? Under more
scrutiny if money is used to support education…
School Prayer: Most
Controversial (1962)
 Engel v. Vitale: no school led prayer in




public schools (government is neutral in
religion) Case Reading/School Prayer Debate
School District of Abington v. Shempp: no
school required Bible reading in schools
Can students pray in schools? Under what
circumstances?
What is not allowed? How do you feel about
this?
Why can SCHS have a moment of silence?
 Fundamentalist Christians: What role have
they played in the religion in school debate?
What role do you think religion should play in
schools? Why?
 Darwin’s Theory: Should it be taught in
schools? Can it be taught?
 Religious Symbols: Okay as long as they have
secular purpose with little or no religious
benefit: nativity scenes must appear with
secular (Santa Claus)
Free Exercise Clause
 Should have right to practice religion as you
choose but becomes complicated quickly
 Believe what you want but can’t always
practice…
 What is not protected and why? “compelling
interest:” Up until 1988 states needed to have a
compelling interest before a government could
even indirectly limit or prohibit religious practice
 Employment Division v. Smith: State laws
interfering with religious practices but not aimed at
them are constitutional as long as law does not single
out and ban religious practices for religious reasons.
Free Exercise Clause
 Government, prior to this ruling, had not allowed
religious freedom to be an excuse for any and all
behaviors:
 Polygamy: Forbidden
 Prohibited business activity on Sunday
 Native American sacred ground; allowed building a
road
 Prohibited Air Force captain from wearing a Yarmulke
 What is protected:
 Amish children and their education
 Flag saluting by Jehovah’s witnesses
Religious Freedom of
Restoration Act
 Passed by Congress to overturn Employment
Division v. Smith but was overturned by the
S.C.
 Compelling interest
 Intrusion on states’ prerogative to regulate health
and welfare of citizens.
Prior Restraint
 Censorship: government preventing something
from being published; way to limit the press in
other countries but considered violation of first
amendment in U.S.
 Near v. Minnesota 1931: State closed down
newspapers and SC ordered it re-opened! State
can sue after something has been published!
 Read New York Times v. U.S.
 https://www.youtube.com/watch?v=Vtpd0EbaF
oQ&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8
H&index=26
Free Speech and Public Order
 Read Schench v. U.S., 1919: Wendell Holmes said gov. could




limit speech if it was a “clear and present danger.” (impeding the
war effort) Read Case
Smith Act 1940: Against subversion and violent overthrow of the
government. Used by McCarthy against communist. S.C. upheld
sentences. (Changed in the 1960s/abstract overthrow
permissable).
Numerous organized rallies against Vietnam in 1960s that
strained constitutional meaning of free speech. (burning draft
cards, disruptions of the peace, building takeovers).
Private property is protected!
Courts today support protest, petitions…


https://www.youtube.com/watch?v=Zeeq0qaEaLw&list=PL8dPuuaLjXtO
fse2ncvffeelTrqvhrz8H&index=25
Obscenity
 Miller v. California 1973: Set standards for




obscenity. What are they?
Based on average community values
Difficult to define lewd and offensive
Child pornography: Define?
Why do women and Christian groups fight
pornography?
Symbolic Speech
 Texas v. Johnson 1989: Flag burning at
Republican National Convention
 Read Tinker v. Des Moines Independent
School District 1969: Arm bans: S.C. says its
okay
 Discuss/Read
Bong Hits for Jesus Court
Case
 Read the court case and then write either
your concurring or dissenting opinion
regarding this issue.
Patriotic Clothes at School?
 Read Case and annotate
 With your partner, write an argument/claim for the
Supreme Court final decision. It must be outlined
as follows:
 Circumstances of the Case
 Constitutional Issues
 Majority Opinion (you decide the outcome)
 Dissenting Opinion (predict the dissenting opinion
regarding your majority opinion)
 Use precedent and the 1st amendment to support
your claims regarding student rights
Freedom of Assembly
 Right to Assemble
 Can regulate the time, place, and manner
 Can’t refuse permit based on content/message
 Abortion:
 Demonstrators have right to protest
 S.C. set limits on how close demonstrators can be
 Can’t picket in front of physician’s home
Right to Associate
 NAACP v. Alabama 1958: Alabama wanted
NAACP to turn over their membership list
 S.C. ruled it violated their 1st Amend. Right to
assemble!
Search and Seizure
 Read Mapp v. Ohio-Exclusionary RuleSuspected for illegal gambling activities and




thought a fugitive was there; found cache of
obscene material; no warrant Read Case
Applied exclusionary rule to states using 14th and
4th Amendment
Reasoning: the Constitution is to protect the
accused, not the guilty
Read New Jersey v. T.L.O.
https://www.youtube.com/watch?v=_4O1OlG
yTuU&index=27&list=PL8dPuuaLjXtOfse2ncvf
feelTrqvhrz8H
Good Faith Exception 1980s
 U.S. v. Leon 1984: LA police thought they
had a proper warrant; wasn’t their fault
 1987: Maryland officers mistakenly searched
the wrong apt. and found drugs. Honest
mistake
 Can use evidence that they obtained illegally
if they would have found it anyway.
 Read Ms. Montoya case p. 120
Self-Incrimination p. 121
 Should people be forced to testify against
themselves?
 Should people be offered immunity for their
testimony?
 What case protects 5th Amendment rights? What
3 rights are protected?
 Do you think the Miranda ruling should be
overturned?
 What is entrapment? Give an example.
 Miranda v. Arizona Read Case
Gideon v. Wainwright
 6th Amendment
 U.S. v. Nixon: 5th/ 6th Amendment
 Answer the questions as you watch the video!
 Consider: Should criminals have the right to
an attorney provided by the state?
 Should plea bargaining be allowed?
 https://www.youtube.com/watch?v=UyHWR
XAAgmQ&list=PL8dPuuaLjXtOfse2ncvffeelT
rqvhrz8H&index=28
Death Penalty p. 124
 Read Furman v. Georgia
 Gregg v. Georgia 1976
 McCleskey v. Kemp 1987
Abortion
p. 127
 Roe v. Wade: What was its ruling?
 Webster v. Reproductive Services: Court rules




state funding of abortion is not required and upholds
"life begins at conception" preamble
Planned Parenthood v. Casey: states may regulate
abortions so as to protect the health of the mother
and the life of the fetus, and may outlaw abortions
of "viable" fetuses (after 20 weeks).
Federal Partial Birth Abortion Ban Act
State Regulations/Fetal Pain Laws
http://www.pewforum.org/2013/01/16/a-history-ofkey-abortion-rulings-of-the-us-supreme-court/
War on Terror
 U.S. Patriot Act
 FISA Court: Foreign Intelligence Surveillance Act, allows





officials to use broad warrants to eavesdrop on large
groups of foreign suspects and doesn’t require officials to
obtain a warrant for each individuals suspect as long as
they wire tap only communications to and from
foreigners that pass through A. telecommunications.
NSA tracked A. calls using numbers that had not been
vetted in accordance with court-ordered procedures
Intelligence court judges said it did not violate 4th Amend.
Also collected and stored all phone records of A. citizens
and tracked their use of Internet and financial
transactions.
USA Freedom Act
https://www.youtube.com/watch?v=BLlKojPit0o
Free Response
 Trial by jury is a fundamental right of the
accused, but criminal cases in the U.S. are
rarely decided by the dramatic jury trials seen
on television. Most cases are settled through
plea bargaining.
 Describe the plea-bargaining process
 Explain why prosecutors and defendants agree to
use this method rather than a full trial
 Identify at least one criticism of the plea
bargaining process
Free Response Ch. 4 #2
 Religion has been a controversial matter in American
politics since the colonial period, and continues to be
today, in part because the 1st Amendment does not
establish a simple “freedom of religion” but rather two
provisions that sometimes conflict.
 Introduction: Background Information with Thesis
 Describe the two provisions in the First Amendment which
pertain to the issue of religion (Examples)
 Choose one of the S.C. cases listed below:
 Lemon v. Kurtzman
 Engel v. Vitale
 Employment Division v. Smith
 For the case you choose, identify which part of the first
Amendment pertains to this case.
 For the case you choose, describe the ruling the S.C.
made in this case. (Provide background information of
the case to set the stage).