Unit 9
Civil Liberties
Original Constitutional Rights
• Writ of Habeas Corpus: Show the body. Requires the
defendant to be brought to court and told what he is being
charged with.
• Bill of Attainder: Putting a person or groups of people into
prison without a trial. (Japanese internment)
• Ex Post Facto: After the fact laws are illegal. Cannot punish
people for actions that were not illegal at the time the
actor committed the act.
• Jury Trial: Must be in state where crime was committed
• Article IV section 2 Privileges and Immunities: Treat in state
and out of state citizens equally. Exceptions for in-state
tuition, running for office and taxation for businesses
Selective Incorporation
• Applying Bill of Rights to the states through
the 14th Amendment
• 14th Amendment has the equal protection
clause
14th Amendment Cases
• Slaughterhouse Case?
– Louisiana gave a monopoly to one slaughterhouse.
Supreme Court ruled that the equal protection clause does
not apply to laws made by own legislature
• Why did it limit the rights of Women and Minorities?
– State legislature started to make discriminatory laws
against women and minorities.
• Gitlow v. New York?
– Incorporates the First Amendment Freedom of Speech to
the states.
Due Process Clause
• Due Process Clause?
– Gives protections to the people against infringements of life, liberty
and property.
• Procedural due process
– Dictates how the government can take away life, liberty and property
• Substantive due process
– Fairness and allows citizens to do certain things
First Amendment Freedom of Religion
• Establishment Clause
• Free Exercise Clause
Establishment Clause
• Government cannot establish a religion
• Engel v. Vitale
– Illegal to have state sponsored prayer in public schools.
• Abington School District v. Schempp
– Mandated bible reading was illegal
• Prayer in Congress and “In God We Trust”
– Widely held religious beliefs
• Nativity Scenes must have secular objects
• Lemon v. Kurtzman
– Laws must neither aid nor inhibit religion.
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Free Exercise Clause
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Must be able to practice your religion freely
What are the restrictions?
1. Health
2. Safety
3. Morals
Reynolds v. U.S.
– Polygamy can be ruled illegal due to moral reasons
.U.S. v. Ballard
– The government cannot assess the validity of someone’s beliefs
West v. State BOE v. Barnette
– Overturned Gobitis case and ruled in favor of Jehovah witnesses
Employment Division v. Smith
– Ruled against Native Americans
– Federal government has right to enforce drug laws
Wisconsin v. Yoder
– Amish case
Freedom of Speech
• Pure Speech: Direct form of oral or written communication
• Examples
• Face to face, written publication, broadcast
• Speech Plus, also known as speech plus action (Time Place Manner
Restrictions)
– Direct communication and expression
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Examples: Pamphlets, picketing or protests
• Symbolic Speech: Using non verbal speech (wearing armband)
• Example
• Burning the flag
Cases
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Schenck v. U.S.
Clear and Present Danger
Gitlow v. New York
– Dangerous tendency
Incorporation Doctrine
Texas v. Johnson
Flag burning is protected
Tinker v. Des Moines
– Wearing a black armband is ok
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Symbolic Speech Limitations
– Military bases, schools and prisons
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Roth v. U.S. Obscenity
– Obscenity is not protected speech
Miller v. California
– Test for determining obscenity. Obscenity is a community standard
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Cases and Speech Cont.
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Slander: Spoken defamation
Libel: Written defamation
U.S. v. Sullivan
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Commercial Speech Limitations
The government can prohibit false or deceptive advertising and can ban certain kind of advertising.
Greater New Orleans Broadcasting Association
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Difference between Chaplisky versus the Cohen case
Fighting words directed at groups or individuals that tend to incite an immediate breech of peace.
How has the court ruled regarding the right to peacefully assemble?
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Ban on advertising gambling was overturned.
What government agency controls commercial speech?
FCC
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Public figures have a higher standard to win a defamation suit. Must prove that the defendant acted with
malice or reckless disregard for the truth.
Can have limits on time, place and manner
Freedom of Press
• Peter Zenger Case (Explain)
– Allowed freedom to criticize government officials
• What types of media are covered by Freedom
of Press?
– Written, radio, TV, internet
Press Restrictions, Cases and Rules
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Prior Restraint: Censorship
Near v. Minnesota
– Prior restraint is illegal
NY Times v. U.S.
– Upheld limits on prior restraint
NY Times v. Sullivan
– Defamation of public figures. Must show malice or reckless disregard for the truth
Branzburg and shield laws
– Without shield law, reporters can be forced to give their sources
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Red Lion case
– Airways used by radio and TV are public and can be regulated by the FCC
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Playboy case
– For cable TV, the government cannot block programming unless it is least restrictive
means.
Searches and Seizures
• Writs of Assistance
– General warrants that would allow customs officers to freely search
for contraband.
• 4th Amendment
– Protects citizens against unreasonable searches and seizures
• Probable Cause
– Reasonable suspicion that person is involved in illegal activity
• Warrant
– Legal document signed by a judge authorizing activities to conduct a
lawful search or seizure
4th Amendment Cases
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Katz
– Needed a warrant for wiretapping, even if it was a public phone. 4th Amendment protects people
not places
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Zone of Privacy
– Home, office, person and immediate public area
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Plain View
– Any evidence in plain view can be used against a defendant in court.
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Terry v. Ohio
– Terry stop. Reasonable belief that crime is being committed, police can stop and frisk suspects.
New Jersey v. TLO
– School searches do not require probable cause, but must show “reasonableness.” Outside
authorities must still have a warrant to enter school and search a student.
California v. Avecedo
– Can search car as long as cops have a reasonable suspicion b/c the vehicle is a moveable crime scene.
Exclusionary Rule
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Exclusionary Rule: Cannot use evidence gained illegally in Court.
Mapp v. Ohio
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Applied the exclusionary rule to the states. Broadened the exclusionary rule. All evidence used at trial was
legally obtained
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Good Faith Exception: Allows certain types of evidence that would normally be excluded to be
introduced at trial.
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U.S. v. Leon
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Cops believed the warrant was valid, judge overturned. Supreme Court said cops acted in out faith.
Pros
More freedom to obtain evidence and does not get people to get off on a technicality
Cons
Unfair limitations, did not want to expand govt. power.
Patriot Act
• Concerns
– Privacy rights will be compromised for national
security.
Self Incrimination (5th Amendment)
• Applies to all witnesses
• Miranda v. Arizona
– Must tell suspects what their rights are when they
are arrested.
• New York v. Quarles
- To maintain public safety, police may
question a suspect before reading him his
rights.
Speedy and Public Trial 6th
Amendment
• Why do you need a speedy trial?
– Witnesses forget, they die, they move. Unfair to
defendant
• Change of venue?
– If the defendant cannot get a fair trial because
people are too familiar or biased toward case.
• Batson v. Kentucky?
– Cannot remove people from jury simply because
of race
Right to Counsel (6th Amendment)
• Powell
– Required the state to provide an attorney in a
capital case.
• Gideon
– Requires counsel for all state cases where
defendant may be imprisoned
• Escobedo
– Requires counsel for those accused of a felony
during questioning
Capital Punishment and Punishment
• Robinson v. California
– Cannot punish someone for being an addict
• Furman v. Georgia
– Overturned the death penalty because it was arbitrary
• Woodson v. N. Carolina
– Cannot have mandatory sentencing for death penalty
• Gregg v. Georgia
– Death penalty is ok as long as sentencing is reached separately.