Chapter 5
Civil Liberties
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WHO GOVERNS?
1. Why do the courts play so large a role
in deciding what our civil liberties
should be?
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TO WHAT ENDS?
1. Why not display religious symbols on
government property?
2. If a person confesses to committing a
crime, why is that confession
sometimes not used in court?
3. Does the Patriot Act reduce our
liberties?
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http://www.yout
ube.com/watch?
v=BXGSPpSFWn
8
Identify/explain
the importance
of Civil Liberties
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Apply/predict=h
ow has Civil
liberties changed
with the war on
Terrorism?
Should we give
up more civil
liberties for
public safety?
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Culture and Civil Liberties
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Rights in Conflict
Cultural Conflicts
Applying the Bill of Rights to the
States
• Due process of law
• Equal protection of the law
• Selective incorporation
• Start Warm-up Activity!
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Rights in Conflict
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Bill of rights contains a list of
competing rights and duties
Ex. Disruptive student has a right not
to be unjustifiable expulsion
School’s have a right to maintain an
orderly environment where learning
can take place
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Rights in Conflict
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War usually has been a crisis that
has restricted the liberty of some
minority
Ex. Espionage and Sedition Acts
(1917-1918) made it a crime to utter
or write disloyal, profane, or abusive
language intended to incite
resistance to the US and curtail war
production pg 99 examples
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Cultural Conflicts
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US originally created by white
European Protestants
Now, different ethnic, religious, and
cultural differences among new
immigrants
Have different views on
constitutionally protected freedoms
Graph on page 100
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Q1
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The Supreme Court has upheld which of the
following limits on free speech?
I. laws against libel
II. Laws against speech that presents a clear and
present danger
III. Laws against flag burning
IV. Laws against obscenity
A. I and II
B. I, II, and III
C. II and IV
D. I, II, and IV
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E. I and IV
A1
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D. although the 1st amendment
protects freedom of speech, this
right is not absolute. The court has
upheld laws against libel, obscenity,
and speech that presents a clear and
present danger
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Q2
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The KKK burns a cross at a rally across the street from a
predominantly African-American Baptist church. The
members of the church are offended by what they view as
a hateful display. How would the courts most likely rule?
A. the 1st amendment protects hate speech
B. the 1st amendment does not protect cross burning
because it is intimidating
C. the 1st amendment protects hate speech, but burning a
cross is not speech and is not protected
D. the 1st amendment protects hate speech, unless a
community decides to ban it
E. the 1st amendment does not protect hate speech
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A2
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A. The 1st amendment protects
unpopular and offensive speech,
whether verbal or symbolic, such as
burning a cross
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Warm-up NSA
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http://www.youtube.com/watch?v=S
DBIfP4jwuU
Sen. McCain (R ) for the NSA
http://www.youtube.com/watch?v=2
YsZoqwRnKE
Against NSA
Identify and Explain what the NSA
does
Do you believe it is necessary?
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Cultural conflict examples
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Warm-up (examples from yesterday)
Discuss
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Cultural conflict examples
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Ex. Many Jewish groups find it
offensive to display the nativity in
front of government buildings during
Christmas
Ex. English speaking people believe
schools should teach and speak only
English. Hispanics believe it should
teach both/bilingual edu
constitutionally required?
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Green Bay
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Applying the Bill of Rights to
States
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At first, Bill of Rights only applied to
federal government
Changed after the Civil War 14th
Amendment “no state shall “deprive
any person of life, liberty, or
property without due process of law”
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Due process clause
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Denies the government the right,
without due process, to deprive
people of life, liberty, and property
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Equal protection of the law
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A standard of equal treatment that
must be observed by the
government
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Selective incorporation
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Court cases that apply Bill of Rights
to states
All bill of rights apply to the states
except for
1. 3rd amendment (quartering of
troops)
2. 5th Amendment (right to be
indicted by a grand jury before being
tried for a series crime)
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Selective Incorporation
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3. 7th amendment (right to a jury
trial in civil cases)
4. the ban on excessive bail and
fines (8th Amendment)
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Figure 5.1 Annual Legal
Immigration, 1850-2005
Note: Figures for 1989 and 1990 include persons granted permanent residence
under the legalization program of the Immigration and Reform and Control Act of
1986. Source: Office of Immigration Statistics, 2005 Yearbook of Immigration
Statistics. (Washington, D.C.: Department of Homeland Security, 2006), p. 5.
Copyright © 2011 Cengage
W-up
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CNN student news
Identify the issues with the NSA
Do you believe the NSA has the right
to ease drop on foreign countries
politicians?
How would you respond if a country
was doing that to us?
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T-Q
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What was the result of the Supreme Court’s ruling in Miranda v
Arizona?
A. police officers must read a supsect his or her rights upon
arrest; otherwise, the case against the defendant must be
dismissed
B. if a police officer fails to read a suspect his or her rights upon
arrest, the suspect’s confession cannot be used in court
C. this case established the exclusionary rule that any illegally
obtained evidence cannot be used in court
D. if a defendant is not read his or her rights upon arrest, a
confession cannot be used in court unless it is given voluntarily
E. the confession of a defendant who has not been read his or her
rights upon arrest may be used in court, but the defendant may
bring a civil suit against the arresting officer.
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Answer
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B. under Miranda, if a suspect is not
read his or her rights upon arrest, his
or her confession cannot be used in
court even if that confession was
given voluntarily.
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T Q-2
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May the government ban the use of peyote, even
if it is part of a Native American religious
ceremony?
A. no; this activity is protected under the Free
Exercise Clause
B. no; this activity is protected under the
Establishment Clause
C. no; the state and federal government do not
have jurisdiction over Native American lands
D. yes; as long as the law only applies to
religious ceremony
E. yes; as long as Copyright
the law
is evenly applied to all
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TA2
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E. a law banning peyote, even in
religious ceremonies; was upheld,
because it applied to everyone and
was not intended to target a specific
religious gropu
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Q-3
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A student walks into a classroom wearing a T-shirt with a
drawing of cartoon characters engaged in sexually explicit
behavior. The class erupts in laughter, greatly disrupting
the lesson. May the school require the student to change
shirts?
A. yes, the T-shirt substantially interfered with the work
and discipline of the school
B. no, because wearing a T-shirt is symbolic speech,
protected by the Free Exercise Clause
C. no, because wearing a T-shirt is symbolic speech,
protected by freedom of expression
D. yes, because schools may limit student speech in any
way they see fit, including dress codes
E. no, because the shirt contained only cartoon characters
Copyright
© 2011 seriously
Cengage
and was not mean to be
taken
A-3
A. Although students do not leave
their 1st amendment rights at the
schoolhouse door and symbolic
speech is protected by the 1st
amendment, schools may limit
speech that is obscene. The T-shirt
materially and substantially
disrupted the education process.
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Interpreting and Applying the
First Amendment
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Freedom of
expression
Freedom of religion
Prior restraint
Clear-and-present
danger test
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Prior restraint
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Press is free from
censorship/Newspapers face
consequences of publishing bad
information
Examples?
Clear and present danger test
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Can’t punish speech unless”clear and
present danger” producing harmful
actions.
“Can’t shout fire in a crowded
theater”
Other examples?
Thoughts?
Women picketed in front
of the White House,
urging President Warren
Harding to release
political radicals
arrested during his
administration. p. 104
Bettmann/CORBIS
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What is Speech?
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Libel
Obscenity
Symbolic Speech
Tim Boyle/Newsmakers/Getty Images
A Ku Klux Klan member uses
his constitutional right to free
speech to utter “white power”
chants in Skokie, Illinois, p.
105 .
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Libel
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Written statement that defames the
character of another person
Must prove it to be true
Examples?
Obscenity
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1st amendment does not protect it
Court’s have ruled that states
regulate it.
Ex. “Adult stores/materials”
“Symbolic speech”: when
young men burned their
draft cards during the
1960s to protest the
Vietnam War, the
Supreme Court ruled
that it was an illegal act
for which they could be
punished. p. 108
Bettmann/CORBIS
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Symbolic Speech
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An act that conveys a political
message
You can’t give it the same
protections
Ex. Can’t burn a draft card out of
protestgov. has right to run
military draft
You can burn the flag, only do it for
speech purposes
DQ
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Should you burn the American flag
out of protest?
What else should be banned with
protesting?
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Commercial and
Youthful Speech
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p. 109
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Corporations
Have 1st
amendment
rights/fund
politicians
Interest Groups
Youth/less than
adults
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Church and State
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The Free Exercise Clause: Congress
shall make no law prohibiting the
“free exercise” of religion
Establishment Clause: Congress
shall make no law “respecting an
establishment of religion”
Wall of Separation: Court ruling that
government cannot be involved with
religion
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Church and State
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Should prayer be allowed in public
schools?
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Crime and Due Process
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The Exclusionary Rule—>improperly
gathered evidence may not be
introduced in a criminal trial
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Mapp v Ohio
Police broke into her home, looked for
drugs, didn’t find them and arrested
her for obscene photos
No search warrant
Supreme Court enforced exclusionary
rule to protect constitutional
guarantees
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Crime and due process
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Search warrantjudge order
authorizing a search
Probable causemore than
suspicion/reasonable cause for
issuing a search warrant
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In general police can search
the following after arresting
you
You
Things in plain view
Things or places under your
immediate control
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Search warrant
Crime and due process
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Miranda Rulepg 119
p. 119
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JOE SKIPPER/ Reuters/ Corbis
Inside a cell at the terrorist prison in Guantanamo,
where Muslim inmates receive a copy of the Koran,
a chess set, and an arrow pointing toward Mecca.
p. 119
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JASON REED/Reuters/Landov
The Threat Operations Center at the National Security Agency in
Fort Meade, Virginia. p. 114
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Patriot Act
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Designed to increase federal powers to investigate
terrorists
A. telephone taps=tap if court order, any telephone they
may use
B. internet taps=court order internet communications
C. voice mail
D. grand jury information=share with other gov. officials
things learned in secret meetings
E. immigration-hold aliens up to 7 days without charging
F. money laundering track money in any US borders
G. crime-elimates any statue of limitation on terrorist
crimes, tougher penalties
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NSA
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FISA court=foreign intelligence
surveillance act must approve NSA
information gathering
Don’t need probably cause, rather
just need to show a person is likely
working for a foreign gov
Supreme Court hasn’t ruled on them
Telephone and internet companies
who aid in this program are exempt
from lawsuits
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WHAT WOULD YOU DO?
MEMORANDUM
To: Rebecca Saikia, Supreme Court justice
From: David Wilson, law clerk
Subject: Patriot Act and libraries
The Patriot Act allows the FBI to seek the records of possible
terrorists from banks, businesses, and libraries. Many
libraries claim this will harm the constitutional rights of
Americans. You support these rights, but are also aware of
the need to protect national security.
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WHAT WOULD YOU DO?
Arguments supporting the Patriot Act:
1. The Patriot Act does not target individuals who have not
violated a criminal law and who do not threaten human life.
2. For the FBI to collect information about borrowers, it must
first obtain permission from a federal judge.
3. Terrorists may use libraries to study and plan activities that
threaten national security.
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WHAT WOULD YOU DO?
Arguments against the Patriot Act:
1. Freedom of speech and expression are fundamental
constitutional guarantees that should not be infringed.
2. The law might harm groups engaged in peaceful protests.
3. The law allows the government to delay notifying people
that their borrowing habits are being investigated.
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WHAT WOULD YOU DO?
Your decision:
Uphold this provision?
Overturn this provision?
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Crime and Due Process
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Confessions and Self-Incrimination
Relaxing the Exclusionary Rule
Terrorism and Civil Liberties
Searches without Warrants
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