Presentation Pro
Magruder’s
American Government
C H A P T E R 19
Civil Liberties: First Amendment Freedoms
© 2001 by Prentice Hall, Inc.
C H A P T E R 19
Civil Liberties: First Amendment Freedoms
SECTION 1
The Unalienable Rights
SECTION 2
Freedom of Religion
SECTION 3
Freedom of Speech and Press
SECTION 4
Freedom of Assembly and Petition
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Chapter 19
SECTION 1
The Unalienable Rights
• How did Americans’ commitment to freedom
lead to the creation of the Bill of Rights?
• What is limited government?
• How does federalism affect individual rights?
• How did the 14th and 9th amendments
further guarantee individual rights?
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Chapter 19, Section 1
A Commitment to Freedom
•
•
•
•
The listing of the general rights of the people can be found
in the first ten amendments in the Constitution, also known
as the Bill of Rights.
The 13th and 14th amendments have also added to the
Constitution’s guarantees of personal freedom.
In general, civil liberties
are protections against
government.
They are guarantees of the
safety of persons, opinions,
and property from arbitrary
acts of government.
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•
The term civil rights is
sometimes reserved for
those positive acts of
government that seek to
make constitutional
guarantees a reality for all
people.
Chapter 19, Section 1
Limited Government
•
•
•
•
•
Throughout the Constitution, the extent of governmental
authority is strictly limited.
The rights that the Constitution guarantees to citizens are
also limited.
People in the United States are free to do as they please as
long as they do not infringe upon the rights of others. Rights
are relative.
Sometimes, different rights conflict with one another, such
as the freedom of the press and the right to a fair trial.
Not all rights are guaranteed to aliens, who are foreignborn residents or non-citizens. For instance, their right to
travel is often restricted.
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Chapter 19, Section 1
Federalism and Individual Rights
The Bill of Rights
•
•
The most famous of the
Constitution’s guarantees
apply only to the National
Government, not the
government of the States.
The Supreme Court held
that the Bill of Rights only
restricts the National
Government in Barron v.
Baltimore, in 1833.
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The Modifying Effect of
the 14th Amendment
•
•
The 14th Amendment’s Due
Process Clause provides
that no State can “deprive
any person of life, liberty or
property, without due process
of law…”.
However, to include rights
under that heading, the
Supreme Court had to define
the rights on a case by case
basis, called the process of
incorporation.
Chapter 19, Section 1
The 9th Amendment
“The enumeration in the Constitution, of
certain rights, shall not be construed to deny
or disparage others retained by the people.”
• The Ninth Amendment states that the American
people possess rights that are not set out explicitly
in the Constitution.
• It has been used to protect rights as various as the
rights of the accused to a woman’s right to abortion
without undue interference by government.
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Chapter 19, Section 1
Section 1 Review
1. The Bill of Rights was ratified
(a) with the Constitution.
(b) in 1791.
(c) in 1833.
(d) in 1964.
2. The 14th Amendment includes the
(a) Bill of Rights.
(b) Due Process Clause.
(c) rights of an accused person.
(d) all of the above.
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Chapter 19, Section 1
SECTION 2
Freedom of Religion
• Why can’t a free society exist without free
expression?
• What is the “wall of separation between
church and state”?
• How has the Supreme Court ruled on
Establishment Clause cases?
• How has the Supreme Court interpreted and
limited the Free Exercise Clause?
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Chapter 19, Section 2
Freedom of Expression
Two guarantees of religious freedom:
Establishment Clause
•
•
Guards against
establishing a mandated
religion.
In effect, freedom from
religion
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Free Exercise Clause
•
•
Guards against the
government interfering in
the exercise of any
religion.
In effect, freedom for
religion.
Chapter 19, Section 2
Separation of Church and State
A wall of separation?
Church and
government are
constitutionally
separated from
one another.
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However, the
government supports
churches and religion
in a variety of ways,
including tax
exemption.
Chapter 19, Section 2
Religion and Education
The Supreme Court has had to consider many
Establishment Clause cases that involve religion and
education.
Released Time—students can be released during school hours to
attend religious classes, as long as the classes do not take place in a
public facility
Prayers and the Bible—the use of prayer and the Bible in a religious
way is not allowed in school or at school functions
Student Religious Groups—are allowed to meet in the school on
the same basis as other student organizations
Evolution—a doctrine can not be preferred or prohibited according to its
relation to a religious theory
Aid to Parochial Schools—the Supreme Court uses the Lemon test
to determine what public funding of church-related schools is acceptable
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Chapter 19, Section 2
The Lemon Test
The Lemon Test is based on Lemon v.
Kurtzman, 1971.
• The purpose of the aid must be nonreligious.
• The aid can neither advance nor inhibit religion.
• Aid must not excessively entangle the
government with religion.
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Chapter 19, Section 2
Other Establishment Clause Cases
Seasonal Displays
•
•
•
Lynch v. Donnelly, 1984—
allowed the display of a
nativity scene along with
other nonreligious objects on
public land
County of Allegheny v. ACLU,
1989—prohibited an
exclusively Christian holiday
display
Chaplains
•
The Supreme Court ruled
in Marsh v. Chamber, 1983
that it was permissible for
chaplains to open daily
sessions of Congress and
State legislatures
Pittsburgh v. ACLU, 1989—
allowed a multi-faith holiday
display
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Chapter 19, Section 2
The Free Exercise Clause
Limits
•
Actions that violate social duties
or disrupt social order are not
covered under the Free Exercise
Clause.
Free Exercise Upheld
•
The Court has found many
government actions to be
counter to the Free Exercise
Clause.
Examples:
Examples:
Bigamy
Amish children cannot be forced to
go to school after grade 8
Using poisonous snakes during
religious ceremonies
Schoolchildren who have not been
vaccinated
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Ministers are allowed to hold
elective office
Unemployment benefits cannot be
denied to someone who quit their
job because of religious beliefs
Chapter 19, Section 2
Section 2 Review
1. The Establishment Clause and the Free Exercise Clause protect
(a) freedom of petition.
(b) freedom of assembly.
(c) freedom of religion.
(d) all of the above.
2. The Lemon Test evaluates
(a) if a car has manufacturer’s defects.
(b) what aid is appropriate to give parochial schools.
(c) when it is appropriate to salute the flag.
(d) all of the above.
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Chapter 19, Section 2
SECTION 3
Freedom of Speech and Press
• How important is the two-way free exchange
of ideas?
• How has the Supreme Court limited seditious
speech and obscenity?
• What are the issues of prior restraint and
press confidentiality?
• What limits have the Court placed on the
media?
• What are symbolic speech and commercial
speech?
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Chapter 19, Section 3
The Free Exchange of Ideas
Freedom of Speech and
Freedom of Press
guarantees are meant to:
•
•
Protect each person’s right of
free expression, whether
spoken, written, or
communicated in any other
way.
Protect all persons’ right to a
complete discussion of public
affairs.
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Freedom of Speech and
Press do not protect:
•
•
•
•
Libel, the false and malicious
use of written words
Slander, the false and
malicious use spoken words
Obscenity
Words that incite others to
commit crimes
Chapter 19, Section 3
Seditious Speech
Sedition is the crime of attempting to overthrow the government by
force, or to disrupt its lawful activities by violent acts. Seditious
speech is speech that urges such conduct.
Congress has enacted three major laws to prevent sedition
and seditious speech:
•
•
•
The Alien and Sedition Acts—made scandalous or false criticism of the
government illegal. Expired before Thomas Jefferson took office in 1801.
The Sedition Act of 1917—made it a crime to encourage disloyalty or
spread anti-government ideas during a time of crisis. Upheld by the
Supreme Court in instances of “clear and present danger.”
The Smith Act of 1940—forbade advocating violent overthrow of the
government, and belonging knowingly to any group that does. The
Supreme Court still upholds the constitutionality of the law, but over time
has modified it so that it is difficult to enforce.
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Chapter 19, Section 3
Obscenity
Obscenity laws are enforced under the postal
power (Article I, Section 8, Clause 7 of the
Constitution).
Obscenity Test laid out in Miller v. California, 1973
1) The average person finds that the work appeals to
“prurient interests” judging from contemporary
standards.
2) The work describes offensive sexual conduct that
is specifically outlawed as obscene.
3) The work lacks serious value of any variety.
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Chapter 19, Section 3
Prior Restraint
In most cases, the government cannot curb ideas
before they are expressed. It can punish ideas
after they are expressed.
•
•
The Supreme Court has held in several cases that the guarantee of a free press
does not allow the government to exercise prior restraint on publication except in
grave circumstances. In Near v. Minnesota, the Court protected the rights of even
“miscreant purveyors of scandal.”
In New York Times v. United States, 1971, the government sought a court order to
keep newspapers from printing “the Pentagon Papers” which had been stolen and
leaked to the press. The Supreme Court found that the government couldn’t show
that the papers endangered national security enough to justify prior restraint of
publication.
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Chapter 19, Section 3
The Media
The Relationship between the Freedom of Speech and Press
Amendments and the Media:
 Confidentiality: Since the Supreme Court found that the Constitution
does not allow members of the news media to keep their sources
confidential in a court of law, 30 states have passed shield laws to give
reporters some protection against having to reveal their sources.
 Motion Pictures: In Mutual Film Corporation v. Ohio, 1915, the
Supreme Court held that motion pictures were a business, not a form of
expression, and so were not protected under the freedom of expression
guarantees. The Court reversed this decision in Burstyn v. Wilson, 1952.
 Both Radio and Television Media are subject to more government
regulation than other forms of expression because they are transmitted
by “public airwaves.”
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Chapter 19, Section 3
Symbolic Speech
•
•
Symbolic speech is
expression by conduct.
Picketing, the patrolling of
a business site by workers
on strike, is a prevalent
form of symbolic speech.
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•
Supreme Court rulings
show that the blanket of
symbolic speech covers
only so much. It does not
cover destroying draft
cards (United States v.
O’Brien, 1968) but it does
encompass flag burning
(Texas v. Johnson, 1989,
and United States v.
Eichman, 1990).
Chapter 19, Section 3
Commercial Speech
Commercial Speech is speech for business purposes,
usually advertising.
•
•
•
For many years, it was believed that the 1st and 14th
amendment guarantees did not protect advertising.
In a handful of decisions in the 1970s, the Court held
that advertising was protected, but not without
exceptions.
Exceptions include: barring false and misleading
advertisement, advertising illegal goods or services,
and the promotion of tobacco products on the radio or
television.
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Chapter 19, Section 3
Section 3 Review
1. Sedition means
(a) the practice of espionage.
(b) exercising treasonous practices.
(c) attempting to overthrow the government by force.
(d) blatant industrial espionage.
2. The most regulated form of communication is
(a) symbolic speech.
(b) commercial speech.
(c) radio and television broadcasts.
(d) motion pictures.
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Chapter 19, Section 3
SECTION 4
Freedom of Assembly and Petition
• How does the Constitution guarantee the freedoms
of assembly and petition?
• How can the government limit the time, place, and
manner of assembly?
• How do public and private property affect freedomof-assembly issues?
• How has the Supreme Court interpreted freedom
of association?
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Chapter 19, Section 4
The Constitution’s Guarantees
The Constitution guarantees “…the right of the
people peaceably to assemble, and to petition the
Government for a redress of grievances.”
• The right to assemble, or gather with one
another to express views.
• The right to bring views to the attention of
public officials.
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Chapter 19, Section 4
Time-Place-Manner Regulations
The government can make and enforce rules
regarding the time, place, and manner of
assemblies.
• An example of such a rule is that public areas near
•
schools and courthouses are restricted.
The government’s rules must be content neutral.
They can place restrictions of the basis of the time,
place and manner of the assembly, but not on what
the assembly is trying to say.
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Chapter 19, Section 4
Public Property
Restrictions on the right to demonstrate:
Cox v. New Hampshire, 1941: the Supreme Court approved a
State law requiring a license to hold a parade on a public
street.
Gregory v. Chicago, 1969: so long as demonstrators act
peacefully, they cannot be held accountable for disturbances
that arise because of their demonstration.
Madsen v. Women’s Health Services, Inc., 1994, and Hill v.
Colorado, 2000: the Supreme Court approved laws creating
buffer zones around abortion clinics and people going in and
out of them.
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Chapter 19, Section 4
Private Property
The rights of assembly and petition do not give
people a right to trespass on private property.
States can interpret their constitutions to require owners of
private property, such as shopping centers, to allow people
to petition on their property.
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Chapter 19, Section 4
Freedom of Association
• The guarantees of
freedom of assembly
and petition include a
right of association—
the right to associate
with others to promote
causes.
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• The freedom of
association also means
that a State cannot
force an organization
to accept members
when that association
would contradict what
the organization
believes in.
Chapter 19, Section 4
Section 4 Review
1. The freedom to assemble and petition includes
(a) the right of association.
(b) the right to trespass on private property.
(c) the right to demonstrate without prior notice.
(d) all of the above.
2. The government has the right to regulate the
(a) timing of a demonstration.
(b) content of a demonstration.
(c) manner of a demonstration.
(d) location of a demonstration.
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Chapter 19, Section 4
Presentation Pro
Magruder’s
American Government
C H A P T E R 20
Civil Liberties: Protecting Individual Rights
© 2001 by Prentice Hall, Inc.
C H A P T E R 20
Civil Liberties: Protecting Individual Rights
SECTION 1
Due Process of Law
SECTION 2
Freedom and Security of the Person
SECTION 3
Rights of the Accused
SECTION 4
Punishment
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Chapter 20
SECTION 1
Due Process of Law
• How is the meaning of due process of law
set out in the 5th and 14th amendments?
• What is police power and how does it relate
to civil rights?
• What is the right of privacy and where are its
origins in constitutional law?
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Chapter 20, Section 1
The Meaning of Due Process
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Chapter 20, Section 1
The 5th and 14th Amendments
•
•
The 5th Amendment
provides that “no person
… shall be deprived of
life, liberty, or property
without due process of
law…”.
The 14th Amendment
extends that restriction to
State and local
governments.
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•
•
Due process means
that the government
must act fairly and in
accord with established
rules at all times.
Due process is broken
down into two branches:
Substantive due process—the
fairness of the laws themselves
Procedural due process—the
fairness of the procedures used to
enforce the laws
Chapter 20, Section 1
The Police Power
The police power is the authority of each State to act to
safeguard the well-being of its people.
To promote health: States can limit the sale of alcohol and tobacco, make
laws to combat pollution, and require vaccination of school children.
To promote safety: States can forbid concealed weapons, require the use
of seat belts, and punish drunk drivers.
To promote morals: States can outlaw gambling, the sale of obscene
materials, and prostitution.
To promote the general welfare: States can enact compulsory education
laws, provide help to the needy, and limit profits of public utilities.
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Chapter 20, Section 1
The Right to Privacy
The constitutional guarantees of due process
create a right of privacy.
•
•
Established in Griswold v. Connecticut, 1965, which held that a law
outlawing birth-control was unconstitutional.
In Stanley v. Georgia, 1969, the right of privacy was defined as “the
right to be free, except in very limited circumstances, from unwanted
governmental intrusion into one’s privacy.”
The right of privacy provoked controversy when it was
applied to a woman’s right to an abortion, beginning with
Roe v.Wade in 1973.
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Chapter 20, Section 1
Section 1 Review
1. Due process is broken down into substantive due process and
(a) policing due process.
(b) private due process.
(c) State-regulated due process.
(d) procedural due process.
2. The police power is the authority of each State to
(a) arrest its citizens.
(b) hire a police force.
(c) protect and promote the public health and general welfare.
(d) restrictions on alcohol and tobacco.
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Chapter 20, Section 1
SECTION 2
Freedom and Security of the Person
• Which Supreme Court cases have dealt with
slavery and involuntary servitude?
• What is the intent of the 2nd Amendment’s
protection of the right to keep and bear
arms, and how is it applied?
• What constitutional provisions are designed
to guarantee the security of home and
person?
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Chapter 20, Section 2
Slavery and Involuntary Servitude
• The 13th Amendment, ratified in 1865, ended
slavery in this country. It also protects against
involuntary servitude, or forced labor.
– Neither the draft nor imprisonment can be classified as
involuntary servitude.
• Unlike any other part of the Constitution, the 13th
Amendment covers the actions of private
individuals as well as that of the government.
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Chapter 20, Section 2
The 13th Amendment in Action
•
For a long time after it was
passed, both citizens and
members of the Supreme Court
thought that the 13th
Amendment did not apply to acts
of racial discrimination
committed by private citizens.
After all, the discriminatory acts
were social choices and did not
reinstitute slavery. According to
this theory, Congress did not
have the power to act against
private parties who practiced
discrimination.
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•
Starting in 1968, the Supreme
Court breathed new life into the
13th Amendment by upholding
provisions in the Civil Rights Act
of 1866, a little-known law that
had escaped repeal in the late
1800s. In a series of landmark
cases, the Supreme Court found
that private citizens could not
practice racial discrimination to
exclude people on the basis of
their color. They also expanded
the law to include any group
subject to discrimination based
on their ethnicity.
Chapter 20, Section 2
The Right to Keep and Bear Arms
•
•
•
The 2nd Amendment protects the right of each State to form and keep a
militia.
In DC v. Heller, The Court ruled that the 2nd Amendment also sets out
an individual right to keep and bear arms.
The 2nd Amendment was extended to each State under the 14th
Amendment in Chicago v. Mcdonald. Therefore, the individual States
have the right to regulate arms in their own ways.
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Chapter 20, Section 2
Security of Home and Person
The 3rd and 4th Amendments protect
the security of home and person.
The 4th Amendment protects against
writs of assistance (blanket search
warrants) and “unreasonable searches
and seizures.” It is extended to the
States through the 14th Amendment.
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Chapter 20, Section 2
Aspects of the 4th Amendment
Probable Cause—to search a
premise, in most cases, a warrant
must be obtained based on a
reasonable suspicion of crime
Arrests—to arrest a person, a police
officer needs only probable cause
Automobiles—police officers do
not always need search warrants to
search an automobile
The Exclusionary Rule—Evidence
gained as a result of an illegal search
cannot be used in court
Mapp v. Ohio
Wiretapping—unless police officers Drug Testing—drug testing can be
have a warrant, tapping phone calls conducted without a warrant or
is not legal
probable cause
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Chapter 20, Section 2
Section 2 Review
1. When did the 13th Amendment begin to be enforce laws against
racial discrimination by private citizens?
(a) 1791
(b) 1865
(c) 1866
(d) 1968
2. The 3rd Amendment forbids
(a) new taxes.
(b) housing soldiers in private homes.
(c) new colonies in the Americas.
(d) all of the above.
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Chapter 20, Section 2
SECTION 3
Rights of the Accused
• What are the writ of habeas corpus, bills of
attainder, and ex post facto laws?
• What issues arise from the guarantee of a
speedy and public trial?
• What constitutes a fair trial by jury?
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Chapter 20, Section 3
Article I, Sections 9 & 10
• Writ of Habeas Corpus—A court order which
prevents unjust arrests and imprisonment
• Bills of Attainder—laws passed by Congress that
inflict punishment without a court trial
• Ex Post Facto Laws—new laws cannot apply to
things that happened in the past
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Chapter 20, Section 3
Grand Jury
A grand jury is the formal device by which a
person can be accused of a serious crime.
•
•
•
•
It is required for federal courts under the 5th Amendment.
The grand jury deliberates on whether the prosecution’s
indictment, a formal complaint, presents enough evidence
against the accused to justify a trial.
Only the prosecution presents evidence.
The right to a grand jury is not covered by the 14th
Amendment’s Due Process Clause. Most States have
legislated to skip the grand jury stage.
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Chapter 20, Section 3
Speedy and Public Trial
The right to a speedy and public trial was extended
as part of the 14th Amendment’s Due Process
Clause by Klopfer v. North Carolina, 1967.
The Speedy Trial Act of
1974 requires that the
beginning of a person’s
federal criminal trial must
take place no more than
100 days after the arrest.
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A judge can limit who
can watch a trial if the
defendant’s rights are
in jeopardy.
Chapter 20, Section 3
Trial by Jury
•
•
•
Americans in criminal trials are guaranteed an impartial jury chosen
from the district where the crime was committed.
If a defendant waives the right to a jury trial, a bench trial is held where
the judge alone hears the case.
Most juries have to be unanimous to convict.
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Chapter 20, Section 3
Right to an Adequate Defense
Some rights of the accused:
1. to be informed of the
content and form of the
accusation
3. to be able to subpoena
witnesses to testify on
his/her behalf
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2. to be confronted with the
witnesses against her/him
4. to have a lawyer speak in
his/her defense
Chapter 20, Section 3
Self-Incrimination
The Fifth Amendment declares that no person can be “compelled
in any criminal case to be a witness against himself.” This
protection extends to the States, and sometimes to civil trials if the
self-incrimination could lead to a criminal charge.
•
•
A person cannot be forced to confess to a crime under extreme circumstances.
A husband or wife cannot be forced to testify against their spouse, although they
can testify voluntarily.
In Miranda v. Arizona, 1966, the Supreme Court set an
historic precedent when it would no longer uphold
convictions in cases in which the defendant had not been
informed of his or her rights before questioning. This
requirement is known as the Miranda Rule.
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Chapter 20, Section 3
Hiibel v. Sixth Judicial District Court of
Nevada
•
The deputy explained to the man that there had been a report of a fight
between the man and the young woman, and asked the man if he had
any identification on him. The man protested that he had no reason to
provide identification, and became ill-tempered when the deputy
continued to press him for his identification.
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Eminent Domain
•
Kelo v. New London
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Section 3 Review
1. The ban on bills of attainder exists because
(a) Congress had abused this power.
(b) colonial English government had abused this power.
(c) Thomas Jefferson was the victim of such a bill.
(d) all of the above.
2. A bench trial is held if
(a) the publicity surrounding a case requires it.
(b) the defendant waives the right to a trial by jury.
(c) the defendant pleads guilty.
(d) the prosecutor has little evidence of a crime.
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Chapter 20, Section 3
SECTION 4
Punishment
• What is the purpose of bail and preventive
detention?
• What is the Court’s interpretation of cruel and
unusual punishment?
• What is the history of the Court’s decisions of
capital punishment?
• What is treason?
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Chapter 20, Section 4
Bail and Preventative Detention
•
•
Bail is a sum of money that
the accused may be required
to deposit with the court as a
guarantee that he or she will
appear in court.
The Constitution does not
guarantee that all accused
persons are entitled to bail,
just that the amount of the
bail cannot be excessive.
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•
•
Preventive detention is a
law that allows federal judges
to order that accused felons
be held without bail if there is
a danger that the person will
commit another crime if
released.
Critics think preventive
detention amounts to
presuming the accused guilty.
The Court upheld the law in
United States v. Salerno,
1987.
Chapter 20, Section 4
Cruel and Unusual Punishment
The 8th Amendment also forbids “cruel and unusual
punishment.” The Supreme Court extended the provision
to the States in Robinson v. California, 1962.
•
•
•
The 8th Amendment is intended to prevent, in the Court’s
opinion, barbaric tortures such as drawing and quartering and
other excessively cruel punishments.
The Supreme Court held that defining narcotics addiction as a
crime, rather than an illness, was cruel and unusual in Robinson
v. California, 1962. In Estelle v. Gamble, 1976, it ruled that a
prison inmate could not be denied medical care.
However, generally the Court has not found many punishments
to be cruel and unusual.
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Chapter 20, Section 4
Capital Punishment
Capital punishment, or the death penalty, is hotly debated
under the 8th Amendment.
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The Supreme Court voided
capital punishment laws in the
early 1970s because it felt that
the punishment was applied
“capriciously” to only a few
convicts, often African American
or poor or both.
•
However, in 1976, the Court held for
the first time that a new law which
instituted the death penalty was
NOT unconstitutional. The new law
provided for a two-stage trial
process. One trial would determine
guilt or innocence, and a second
hearing would decide whether the
death penalty was warranted. The
Court later restricted the use of the
death penalty to cases where the
victim died.
Despite these decisions, debate still surrounds
the issue.
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Chapter 20, Section 4
Treason
Treason is the only
crime defined in the
Constitution.
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Treason is:
1. Levying war against the
United States or
2. Giving aid and comfort to
the enemies of the United
States.
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A person can only commit
treason in times of war, and it
is punishable by the death
penalty.
Other related acts, such as
sabotage or espionage, can
be committed in peacetime.
John Brown, who was
hanged as a traitor to Virginia
because of his raid on
Harper’s Ferry, is the only
person ever to be executed
for treason against a State.
Chapter 20, Section 4
Section 4 Review
1. Bail is
(a) a fine you have to pay if you are arrested.
(b) a tax to support jails.
(c) a deposit you put down to guarantee appearance in court.
(d) a contract between the State and a prisoner.
2. Treason is
(a) the only crime defined in the Constitution..
(b) punishable by death.
(c) committed only in wartime.
(d) all of the above.
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Chapter 20, Section 4