Civil Liberties and
Rights of the Accused
Civil Liberties vs. Civil Rights
• The gov’t has the power to rule over citizens, but its
power has limits
• Civil liberties – the Constitutional protections of citizens’
freedoms from gov’t abuse
• are found in the Bill of Rights
• Civil rights – gov’t policies that protect individuals from
discrimination by the gov’t or other individuals
A Note About Rights
• Although people have rights, no rights are
absolute (you CAN’T just do whatever you
want!)
• When your rights get in the way of someone
else’s rights, they aren’t rights anymore
Federalism and Rights
• The Bill of Rights (first 10 amendments)
originally only applied to the national gov’t
• The 14th Amendment requires state gov’ts to
follow the Bill of Rights just like the national
gov’t (known as the incorporation doctrine)
1st Amendment - The Freedom of
Religion
• Establishment Clause – the gov’t cannot
establish a national religion
• Free Exercise Clause – the gov’t cannot
choose to get in the way of your practice of
religion
Separation of Church and State
• The gov’t and religion are separated by the
Constitution
• They can interact, but one cannot control the
other
The Lemon Test
• (From Lemon v. Kurtzman)
• In order for a school to get aid from the gov’t,
the money…
1.) Cannot be used for religious purposes
2.) Cannot encourage or discourage religion
3.) Cannot entangle the gov’t up in religion
The Free Exercise Clause
• You have the right to believe and practice your
religion as you wish (gov’t can’t get in the way
of this)
• But your practice of religion CANNOT:
– Violate criminal laws
– Offend public morals
– Threaten people’s safety
1st Amendment – The Freedom of
Speech
– You have the right to express your opinions and to
hear others’ opinions
– Words have consequences – NOT everything is
free speech!
What ISN’T Free Speech?
– Slander – saying false and hateful things about
someone to hurt their reputation
– Libel – writing false and hateful things about
someone to hurt their reputation
– Seditious speech – threatening or encouraging
the overthrow of gov’t by force or violence (action
known as sedition)
&#$!@ Obscenity
– Is NOT free speech
– Something is obscene if:
• 1.) encourages an excessive interest in sexual matters
• 2.) It offensively depicts sexual material that is
censored by law
• 3.) It lacks any tasteful artistic, literary, political, or
scientific value
Also NOT Free Speech:
– Clear and Present Danger – if what you say can
cause a dangerous or harmful situation (ex: yelling
“FIRE!” in a movie theater)
– True Threats – threatening the well-being of
someone else
– Fighting Words - words you say that cause
someone to react violently
– Symbolic speech - the expression of your ideas
through your ACTIONS
– Ex. Issues: Burning the flag and picketing (going on
strike)
Texas v. Johnson (1989)
Facts of the Case
• In 1984, in front of the Dallas City Hall, Gregory
Lee Johnson burned an American flag as a means
of protest against Reagan administration policies.
Johnson was tried and convicted under a Texas
law outlawing flag desecration. He was sentenced
to one year in jail and assessed a $2,000 fine.
After the Texas Court of Criminal Appeals
reversed the conviction, the case went to the
Supreme Court.
Question
• Is the desecration of an American flag, by burning
or otherwise, a form of speech that is protected
under the First Amendment?
1st Amendment – Freedom of the
Press
– Expression of ideas through printed words or
images (ex: the media)
– (freedom of speech rules still apply)
– Prior restraint – the gov’t censoring you before
you print or say something (NOT allowed)
Freedom of Assembly and Petition
• You have the right to:
– peaceably gather with others to express your
views on public policies
– criticize the gov’t and ask them to fix problems
(petition)
• Assemblies include meetings, demonstrations,
protests, etc.
Limits on Assembly
• The gov’t can limit where, when, and how you
assemble (to keep the peace)
– Content neutral - gov’t cannot limit based on the content
(subject) of the assembly
• You cannot protest on private property (you don’t
have the right to trespass)
Freedom of Association
• Groups and organizations have the right to
associate (interact) with who they wish
• Cannot be forced to associate with ideas that
go against what they stand for
Ch. 20 - Rights of the Accused
• Due Process - fair treatment according to the law
• Found in the 5th and 14th Amendments
• Two types:
• 1.) substantive due process - what the law is about must
be fair (substantive = what it’s made of, its substance)
• 2.) procedural due process - how the law is enforced must
be fair (procedural = how you do it)
Probable Cause
• You have the right against invasion of your
privacy without probable cause
• probable cause - reasonable suspicion of a
crime
Search Warrants
• Search warrant - a court order that gives police
permission to search private property (must have
probable cause)
You DO NOT need a search warrant if:
1.) the person consents to search
2.) “in plain sight” - evidence is easily seen by the officer
and can be taken
3.) if the suspect has been legally arrested
4.) cars stopped on probable cause
The Exclusionary Rule
(exclude = leave out)
• Evidence that is taken illegally cannot be used against
someone in court
• When the Exclusionary Rule doesn’t apply:
• “inevitable discovery” - the evidence would have been
found lawfully anyway
• “good faith” - if officials are trying to follow the law but
take evidence by mistake
When Accused…
• Writ of habeas corpus - you have the right to
be told why you’re being arrested
– An officer must prove to a court that you should
be held for a crime (give a good reason)
Ex Post Facto Laws
• (ex post facto= after the fact)
• New laws cannot apply to people operating
before the new law was passed
5th Amendment (Due Process)
– Serious crimes need a grand jury to indict (bring
charges against)
– Double jeopardy - you can’t be accused of the
same crime twice
– Self-incrimination - you can’t be forced to testify
against yourself --> “right to remain silent” (also
must be read your rights)
6th Amendment
– You have the right to:
• a speedy and public trial by an impartial (unbiased)
jury
• Face the people accusing you
• Get witnesses to testify in support of you
• A lawyer to guide/counsel you through the trial
The Jury
• Jury duty is a citizen’s responsibility
• Jurors are randomly selected from the area where the
crime took place
• 12 people on a jury
• Their decision on a case must be unanimous (all of them
agree)
• If they are not 100% sure of guilt (reasonable doubt) they
must give a verdict of “not guilty”
• If a jury can’t decide, it’s called a hung jury
8th Amendment
– Protects against cruel and unusual punishment
and excessive bail and fines
– Bail - money the accused must pay as a promise to
come back to court
• Can be held without bail in some cases
• Cannot be excessive (too much $)
– Capital punishment - the death penalty