Civil Liberties
And Public Policy
4
Video: The Big Picture
4
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Edwards_Ch04_Civil_LIberties_Seg
1_v2.html
Edwards Learning Objectives
4.1
4.2
4
Trace the process by which the Bill of
Rights has been applied to the states
Distinguish the two types of religious
rights protected by the First
Amendment and determine the
boundaries of those rights
Edwards Learning Objectives
4.3
4.4
4
Differentiate the rights of free
expression protected by the First
Amendment and determine the
boundaries of those rights
Describe the rights to assemble and
associate protected by the First
Amendment and their limitations
Edwards Learning Objectives
4
4.5
Describe the right to bear arms
protected by the Second
Amendment and its limitations
4.6
Characterize defendants’ rights and
identify issues that arise in their
implementation
Edwards Learning Objectives
4.7
4.8
Outline the evolution of a right to
privacy and its application to the
issue of abortion
Assess how civil liberties affect
democratic government and how
they both limit and expand the
scope of government
4
Video: The Basics
4
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg2_CivilLiberties_v2.html
America’s Population
 Bill of Rights – Then and Now
 Bill of Rights and the States
4.1
Bill of Rights – Then and Now
 Popular support
 Added to Constitution by popular demand
4.1
TABLE 4.1: The Bill of Rights
4.1
Bill of Rights – Then and Now
 Popular support
 Rights supported more in theory than practice
 Civil liberties are not absolute
 Limitations
 Balanced against other values
4.1
The Ten Commandments
4.1
Video: In Context
4.1
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg3_CivilLiberties_v2.html
The Bill of Rights and the
States
 First Amendment
 Applied to federal government only
 States had own bills of rights
 Barron v. Baltimore (1833)
 Fourteenth Amendment




Gitlow v. New York (1925)
Due process clause
Incorporation doctrine
Not all rights incorporated
4.1
Barron v Baltimore (1833)
http://www.oyez.org/cases/17921850/1833/1833_0
Video Time
What if this was YOUR house?
Gitlow v New York
http://www.phschool.com/atschool/ss_web_co
des/supreme_court_cases/gitlow.html
Today?
http://www.usatoday.com/story/tech/personal/
2014/09/11/government-threaten-yahoowith-fines/15466441/
TABLE 4.2: The Incorporation of the Bill
of Rights
4.1
4.1 Which right was the first to be
incorporated?
a. Freedom of religion
b. Freedom of speech
c. Freedom of Assembly
d. Freedom from excessive bail
4.1
4.1 Which right was the first to be
incorporated?
a. Freedom of religion
b. Freedom of speech
c. Freedom of Assembly
d. Freedom from excessive bail
4.1
Freedom of Religion
 Establishment Clause
 Free Exercise Clause
4.1
Establishment Clause
 Education
 Religious Activities in Public Schools
 School Prayer
 Evolution
 Public Displays
4.2
Establishment Clause
 Education
 Lemon v. Kurtzman (1971)
 Aid to parochial schools
 Lemon Test
 Zelman v. Simmons-Harris (2002)
 Vouchers are constitutional
4.2
Establishment Clause
 Religious Activities in Public Schools
 Equal access for religious groups
 Scholarships and instruction
 School Prayer
 Most controversial issue
4.2
School Prayer
4.2
Establishment Clause
 Evolution
 Creationism
 Trying again with “intelligent design”
 Public Displays
 Advancing religion v. legitimate historical purpose
 Holiday decorations
4.2
Free Exercise Clause
 Belief versus practice
 Not all practices protected
4.2
Muhammad Ali
4.2
Free Exercise Clause
 Belief versus practice
 Cannot violate rights of others
 Example case of the Amish
 Discrimination in employment
 Strict scrutiny
 Compelling state interest
 Narrowly tailored
4.2
4.2 Which of the following is not part
of the Lemon test?
a. A law must neither advance nor inhibit
religion.
b. A law must not foster government
entanglement with religion.
c. A law must not impose costs on religious
organizations.
d. A law must have a secular legislative
purpose.
4.2
4.2 Which of the following is not part
of the Lemon test?
a. A law must neither advance nor inhibit
religion.
b. A law must not foster government
entanglement with religion.
c. A law must not impose costs on religious
organizations.
d. A law must have a secular legislative
purpose.
4.2
Freedom of Expression
 Prior Restraint
 Free Speech and Public Order
 Obscenity
 Libel and Slander
 Symbolic Speech
 Free Press and Fair Trials
 Commercial Speech
 Regulation of the Public Airwaves
 Campaigning
4.3
Prior Restraint
 Near v. Minnesota (1931)
 Unconstitutional censorship
 Does not apply to students
 Exception for national security
4.3
Free Speech and Public Order
 Schenck v. United States (1919)
 Wartime trade-offs
 “Clear and present danger” standard
 Dangerous or merely inconvenient?
 Anticommunism
 Smith Act (1940) prosecutions
4.3
Senator Joseph McCarthy
4.3
Free Speech and Public Order
 “Imminent lawless violence” standard
 Brandenburg v. Ohio (1969)
4.3
Obscenity
 Roth v. United States (1957)
 Obscenity not constitutionally protected
 But what is obscene?
 Miller v. California (1973)




Appeals to prurient interest
Patently offensive
Lacking serious literary or artistic value
Average people/local standards
 Regulating adult content
4.3
Violent video game
4.3
Libel and Slander
 Defamation
 Libel = written
 Slander = spoken
 Standards for conviction high
 Public figures
 New York Times v. Sullivan (1964)
 Intentionally malicious
 Private individuals
 Defamatory falsehood
 Negligence
4.3
Symbolic Speech
 Examples of symbolic speech
 Wearing an armband
 Burning the U.S. flag
 Marching in a parade
 Limitations
 Burning draft cards
 Threats
4.3
Free Press and Fair Trials
 Can press coverage compromise the
right to a fair trial?
 Courts have not upheld restrictions
 Trials are public
 Sequestering juries
 Zurcher v. Stanford Daily (1978)
 Journalists cannot withhold evidence
 Subject to search warrants
4.3
Commercial Speech and
Regulation of the Public
Airwaves
4.3
 Advertising
 Federal Trade Commission (FTC)
 No false claims
 Prohibitions on advertising legal services
 Federal Communications Commission (FCC)
 Licensing and regulations
 Not applicable to cable and satellite
Howard Stern
4.3
Campaigning
 Election Campaign Act of 1971
 Buckley v. Valeo (1976)
 Spending money to influence elections is protected
speech
 McCain-Feingold Act (2002)
 Banned soft money contributions
 Banned certain advertising
 Citizens United v. Federal Election
Commission (2010)
4.3
4.3 What is the current standard for
constitutionally protected speech?
a. The “imminent lawless violence”
standard
b. The “I know it when I see it” standard
c. The “clear and present danger” standard
d. None of the above
4.3
4.3 What is the current standard for
constitutionally protected speech?
a. The “imminent lawless violence”
standard
b. The “I know it when I see it” standard
c. The “clear and present danger” standard
d. None of the above
4.3
Explore the Simulation: You
Are a Police Officer
4.3
http://media.pearsoncmg.com/long/long_longman_media
_1/2013_mpsl_sim/simulation.html?simulaURL=5
Freedom of Assembly
 Right to Assemble
 Right to Associate
4.4
Right to Assemble
 Gathering to make a statement
 Conflict with public order
 Time, place, manner restrictions
 No viewpoint discrimination
 Fine line with harassment
 Abortion providers
4.4
Ku Klux Klan
4.4
Right to Associate
 NAACP v. Alabama (1958)
 Membership lists protected
 Military recruiters
 Public schools cannot prohibit them
4.4
4.4 What sort of restrictions can be
placed on freedom of assembly?
a. Time
b. Place
c. Manner
d. All of the above
4.4
4.4 What sort of restrictions can be
placed on freedom of assembly?
a. Time
b. Place
c. Manner
d. All of the above
4.4
Right to Bear Arms
 Controversial right
 Subject to national, state, and local
restrictions
 National Rifle Association (NRA)
 State militias or individuals?
 District of Columbia v. Heller (2008)
 McDonald v. Chicago (2010)
4.5
Gun show
4.5
4.5 When was the Second
Amendment incorporated?
a. 2010
b. 1791
c. 1868
d. 2008
4.5
4.5 When was the Second
Amendment incorporated?
a. 2010
b. 1791
c. 1868
d. 2008
4.5
Defendants’ Rights
 Searches and Seizures
 Self-Incrimination
 Right to Counsel
 Trials
 Cruel and Unusual Punishment
4.6
FIGURE 4.1: The constitution and the
Stages of the Criminal Justice System
4.6
Searches and Seizures
 Fourth Amendment
 Probable cause
 Search warrants
 Various cases, lots of exceptions
 Exclusionary rule
 Mapp v. Ohio (1961)
 War on terrorism
 USA Patriot Act (2001)
4.6
Self-Incrimination
 Fifth Amendment
 Burden of proof on prosecution
 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
4.6
Criminal rights
4.6
Right to Counsel and Trials
 Sixth Amendment right to attorney
 Gideon v. Wainwright (1963)
 State must provide attorney for indigent
 Habeas corpus
 Not held without charge
 Speedy and public trial by impartial jury
 War on terrorism
4.6
Guantánamo Bay prisoners
4.6
Right to Counsel and Trials
 Plea bargaining
 Jury size of 12 traditional
 Conviction must be unanimous
4.6
Cruel and Unusual
Punishment
 Eighth Amendment




Not defined
Incorporated in 1962
Prison overcrowding
Gregg v. Georgia (1976)
 Death penalty not cruel and unusual
 McCleskey v. Kemp (1987)
4.6
Video: In the Real World
4.6
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg5_CivilLiberties_v2.html
FIGURE 4.2: Decline of executions
4.6
4.6 What amendment protects
against self-incrimination?
a. Fourth
b. Sixth
c. Fifth
d. Eighth
4.6
4.6 What amendment protects
against self-incrimination?
a. Fourth
b. Sixth
c. Fifth
d. Eighth
4.6
Explore Civil Liberties:
Shouldthe Government Apply
the Death Penalty?
4.6
http://media.pearsoncmg.com/long/long_edwards_mpslgi
a_16/pex/pex4.html
Right to Privacy
 Is There a Right to Privacy
 Controversy over Abortion
4.7
Is There a Right to Privacy?
 How privacy is implied in Constitution
 Religion: Right to exercise private beliefs
 Search and seizure: Right to privacy in your home
 Right to be left alone
 Griswold v. Connecticut (1965)
 Court states right to privacy implied
4.7
Controversy over Abortion
 Roe v. Wade (1973)
 Prohibits state bans on abortion
 Balancing test
 State interest in protecting women’s health
 State interest in protecting prenatal life
 Planned Parenthood v. Casey (1992)
 From “strict scrutiny” to “undue burden”
4.7
Anti-abortion protests
4.7
FIGURE 4.3: The Abortion Debate
4.7
4.7 What famous Supreme Court case
prevented states from outlawing
abortion?
a. Planned Parenthood v. Casey
b. Roe v. Wade
c. Griswold v. Connecticut
d. None of the above
4.7
4.7 What famous Supreme Court case
prevented states from outlawing
abortion?
a. Planned Parenthood v. Casey
b. Roe v. Wade
c. Griswold v. Connecticut
d. None of the above
4.7
Understanding Civil Liberties
 Civil Liberties and Democracy
 Civil Liberties and the Scope of
Government
4.8
Video: Thinking Like a
Political Scientist
4.8
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDI
A_1/polisci/presidency/Seg4_CivilLiberties_v2.html
Civil Liberties and
Democracy
 Democracy depends upon freedom of
expression
 Need information to make decisions
 Majority rule versus minority rights
 Elites have protected minorities
4.8
Civil Liberties and the Scope
of Government
 Liberty and individualism prevail
 Can’t hide from vast government
 Technology enables more intrusion
 Irony that more government is needed to provide
more protection
4.8
4.8 How does the Constitution limit
democratic rule?
a. By preventing a minority from passing
unpopular laws
b. By preventing the majority from
restricting minority rights
c. By preventing a minority from overruling
the majority
d. All of the above
4.8
4.8 How does the Constitution limit
democratic rule?
a. By preventing a minority from passing
unpopular laws
b. By preventing the majority from
restricting minority rights
c. By preventing a minority from overruling
the majority
d. All of the above
4.8
Discussion Question
What rights do accused persons enjoy?
Where are protections for these rights
found in the Constitution?
4
Video: So What?
4
http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA
_1/polisci/presidency/Edwards_Ch04_Civil_LIberties_Seg6_v
2.html
Further Review: On My
PolisciLab
 Listen to the Chapter
 Study and Review the Flashcards
 Study and Review the Practice Tests
4