Civil Liberties
4
Video: The Big Picture
4
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Se
g1_v2.html
Learning Objectives
4.1
4.2
4
Outline the issues and compromises
that were central to the writing of
the Constitution
Analyze the underlying principles of
the Constitution
Learning Objectives
4.3
4.4
4
Outline the First Amendment
guarantees of and limitations on
freedom of speech, press, assembly,
and petition
Summarize changes in the
interpretation of the Second
Amendment right to keep and bear
arms
Learning Objectives
4
4.5
Analyze the rights of criminal
defendants found in the Bill of Rights
4.6
Explain the origin and significance of
the right to privacy
Learning Objectives
4.7
4
Evaluate how reforms to combat
terrorism have affected civil liberties
Video: The Basics
4
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/Seg2_CivilLiberties_v2.html
Roots of Civil Liberties:
The Bill of Rights
4.1
 The Incorporation Doctrine: The Bill of
Rights Made Applicable to the States
 Selective Incorporation and Fundamental
Freedoms
The Incorporation Doctrine:
The Bill of Rights Made
Applicable to the States
4.1
 Fourteenth Amendment
 Bill of Rights applies to actions of states, not just federal
government
 Due process clause
 Applied to Bill of Rights
 Substantive due process
When did the Court first articulate the
doctrine of selective incorporation?
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
4.1
TABLE 4.1 How has selective incorporation
made the Bill of Rights applicable to the
states?
4.1
Video: In Context
4.1
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/Seg3_CivilLiberties_v2.html
4.1 What does the Bill of Rights
4.1
include?
a. The first 10 amendments to the Constitution
b. All of the amendments to the Constitution
c. The first 14 amendments to the Constitution
d. A list of basic freedoms outlined in the
Preamble to the Constitution
4.1 What does the Bill of Rights
4.1
include?
a. The first 10 amendments to the Constitution
b. All of the amendments to the Constitution
c. The first 14 amendments to the Constitution
d. A list of basic freedoms outlined in the
Preamble to the Constitution
First Amendment Guarantees:
Freedom of Religion
 The Establishment Clause
 The Free Exercise Clause
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
Should children be required to pray in
school?
4.2
Free Exercise Clause
4.2
 Free exercise clause not absolute
 Some religious rites considered illegal
 State must provide compelling reason to limit exercise of
religion
4.2 Which of the following is not part
4.2
of the Lemon test?
a. Law must neither advance nor inhibit
religion
b. Law must not foster government
entanglement with religion
c. Law must not impose costs on religious
organizations
d. Law must have a secular legislative purpose
4.2 Which of the following is not part
4.2
of the Lemon test?
a. Law must neither advance nor inhibit
religion
b. Law must not foster government
entanglement with religion
c. Law must not impose costs on religious
organizations
d. Law must have a secular legislative purpose
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
4.3
 Prior restraint
 Alien and Sedition Acts
 Censored criticisms of the government
 Slavery, Civil War
 speech again censored
 World War I and anti-government speech
Protected Speech and Press
 Limiting prior restraint
 Symbolic speech
 Hate speech
4.3
How broad is the right to symbolic speech?
4.3
Unprotected Speech and Press
 Unprotected speech




Libel
Slander
Fighting words
Obscenity
4.3
Freedoms of Assembly and
Petition
4.3
 Freedom to assemble hinges on peaceful
conduct
 Subject to rules regarding free speech
 Right to petition government about issues
How do we use our right to assemble?
4.3
4.3 What standard is not considered
when defining obscenity?
a. Is it based on community norms?
b. Is it sexually offensive?
c. Does it have artistic or political value?
d. Is it harmful to minors?
4.3
4.3 What standard is not considered
when defining obscenity?
a. Is it based on community norms?
b. Is it sexually offensive?
c. Does it have artistic or political value?
d. Is it harmful to minors?
4.3
Explore the Simulation: You
Are a Police Officer
http://media.pearsoncmg.com/long/long_longman_media
_1/2013_mpsl_sim/simulation.html?simulaURL=5
4.3
Second Amendment: Right to
Keep and Bear Arms
 Included to prevent Congress from
disarming state militias
 Dred Scott v. Sandford (1857)
 The right to bear and carry arms a basic right of
citizenship
4.4
4.4 What was an original intent of the
4.4
Second Amendment?
a. To require colonists to keep and bear arms
b. To disarm the state militias
c. To regulate the sale of firearms
d. To preserve the right to revolt against the
government
4.4 What was an original intent of the
4.4
Second Amendment?
a. To require colonists to keep and bear arms
b. To disarm the state militias
c. To regulate the sale of firearms
d. To preserve the right to revolt against the
government
Rights of Criminal Defendants
4.5
 The Fourth Amendment and Searches and
Seizures
 The Fifth Amendment
 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
The Fourth Amendment and
Searches and Seizures
 Protection from unreasonable searches
 Warrants
 Probable cause
 Drug tests
4.5
The Fifth Amendment
 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
Why was Ernesto Miranda important to the
development of defendants’ rights?
4.5
The Fourth and Fifth
Amendments: Exclusionary
Rule
 Mapp v. Ohio (1961)
 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
4.5
 Cruel and unusual punishment not defined
 Furman v. Georgia (1972)
 Protecting the wrongfully convicted
How do states vary in their application of the
death penalty?
4.5
Video: In the Real World
4.5
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/Seg5_CivilLiberties_v2.html
4.5 Because of the ____, lawyers
4.5
cannot select jurors on the basis of gender.
a. Fifth Amendment
b. Civil Rights Act of 1964
c. role of political correctness
d. equal protection clause
4.5 Because of the ____, lawyers
4.5
cannot select jurors on the basis of gender.
a. Fifth Amendment
b. Civil Rights Act of 1964
c. role of political correctness
d. equal protection clause
Explore Civil Liberties: Should
the Government Apply the
Death Penalty?
5.4
http://media.pearsoncmg.com/long/long_oconnor_mpsla
g_12/pex/pex4.html
Right to Privacy
 Birth Control
 Abortion
 Homosexuality
4.6
Birth Control
 Right of women to obtain contraceptives
 Griswold v. Connecticut (1965)
4.6
What was the outcome of
Griswold v. Connecticut (1965)?
4.6
Abortion
 Roe v. Wade
 Prohibits state bans on abortion
 Planned Parenthood v. Casey (1992)
 Restrictions cannot place “undue burden” on woman
4.6
Homosexuality
4.6
 Right to privacy extends to private sexual
behavior
 Lawrence v. Texas (2003)
Which case led to greater discussion of gay
rights issues?
4.6
Video: Thinking Like a
Political Scientist
4.6
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED
IA_1/polisci/presidency/Seg3_CivilLiberties_v2.html
4.6 What was the decision in
4.6
Griswold v. Connecticut based on?
a. Right to privacy
b. Right to information about family planning
c. Right to abortion
d. Right to sexual conduct
4.6 What was the decision in
4.6
Griswold v. Connecticut based on?
a. Right to privacy
b. Right to information about family planning
c. Right to abortion
d. Right to sexual conduct
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
4.7
Due Process Rights
 Reduced rights of habeas corpus
 Detention facilities
 Right to trial by jury
 Cruel and unusual punishment
4.7
What are living arrangements like for
detainees?
4.7
4.7 Which rights have been affected
by the USA PATRIOT Act and the
Military Commissions Act?
a. The right to trial by jury
b. The protection from illegal search and
seizure
c. The right to obtain legal counsel
d. All of the above
4.7
4.7 Which rights have been affected
by the USA PATRIOT Act and the
Military Commissions Act?
a. The right to trial by jury
b. The protection from illegal search and
seizure
c. The right to obtain legal counsel
d. All of the above
4.7
Discussion Question
Overall, have the Court’s rulings on civil
liberties strengthened citizens’ rights or
weakened them in favor of government
restrictions? Are there any notable
trends over time?
4
Video: So What?
4
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA
_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg6_v
2.html
Further Review: On
MyPoliSciLab
 Listen to the Chapter
 Study and Review the Flashcards
 Study and Review the Practice Tests
4