Today’s Objectives
• Analyze why civil liberties issues involve
“politics” as well as “law”.
• Evaluate judicial interpretation of various
liberties (such as freedom of speech, rights of
the accused) & the impact of significant
Supreme Court cases on these rights/liberties
• Apply key concepts of democratic rule and
civil liberties in analyzing current events and
pieces of legislation.
Civil Liberties
The Basis for Any
Democracy
What Are Civil Liberties?
• Civil Liberties:
– Basic rights and freedoms that are guaranteed -either in the Bill of Rights/Constitution, or interpreted
in Courts
• Free Speech, Free Press, Free from Search & Seizure, etc.
• Civil Rights:
– Basic right to be free from unequal treatment based
on certain protected characteristics (race, gender,
disability)
• What right’s affected? v. Whose rights affected?
Bill of Rights:
Civil Liberties Amendments
• 1st Amendment:
– Freedom of Religion, Speech, Press, Petition, Assemble
• Establishment Clause:
– Congress shall make no law endorsing/ estbl. a religion
– Estbl. Separation of Church & State…How closely have we followed
this?
• Free Exercise Clause
– Prevents infringement on people’s right to believe in whatever religion
they choose (some religious practices can be restricted however…)
– Limits on Free Speech
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Clear & Present Danger Doctrine (Schenck v. U.S.)
Obscenity (Roth v. U.S.)
Libel/Slander (written/spoken defamation)
Commercial Speech Regulated by FTC/FCC
Bill of Rights:
Civil Liberties Amendments
• 2nd Amendment:
– Right to Bear Arms
• “A well regulated Militia, being
necessary to the security of a free
State, the right of the people to
keep and bear Arms, shall not be
infringed.”
• 3rd Amendment:
– Prohibits Quartering of Troops
Bill of Rights:
Civil Liberties Amendments
• Amendments 4-8
– 4th: Protection against illegal search & seizure
• Probable Cause/Warrant
• Exclusionary Rule (Weeks v. U.S.; Mapp v. Ohio)
– Evidence gathered thru illegal search & seizure can’t be submitted in
court of law
– Deterrent to unlawful police action
– 4th Amendment Under Attack
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Terry Frisk
Pretext Stops
Drug Courier Profiles
“Consent Searches”
Patriot Act
Bill of Rights:
Civil Liberties Amendments
– 5th: Right to grand jury, no double jeopardy, can’t be
forced to testify against self, due process
• http://www.comedycentral.com/videoclips/3vk26x/chappelle-s-show-tron-carter-s-law---order
– 6th: Speedy/public trial w/ impartial jury; Right to
Confront witnesses; Right to counsel; prevents
suspension of habeas corpus
– 7th: Jury trial in civil cases
– 8th: Free from excessive bail; cruel & unusual
punishment
– Upheld by Gregg v. Georgia
Bill of Rights:
Civil Liberties Amendments
• 9th Amendment:
– Protects rights of the people that are not specifically
enumerated in the Constitution
• Right to Privacy
• Explicit?
• Griswald v. Connecticut; Roe v. Wade; Planned Parenthood v.
Casey
• 10th Amendment…
• Outlining Federalism/“Reserved Powers”
• 14th Amendment:
– “No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the united states nor shall
any state deprive person of life, liberty or property without due
process of law; nor deny any person within its jurisdiction equal
protection of laws”
– Incorporation
Selective Incorporation:
Applying the Bill of Rights to States
• Selective Incorporation:
– Process by which the courts have gradually
applied portions of the U.S. Bill of Rights to the
states
• Incorporated thru the due process clause/equal
protection of the 14th Amendment
– Key Court Cases
• Barron v. Baltimore (1833)
– Said Bill of Rights did NOT apply to states
• Gitlow v. New York (1925)
– Began process of “Incorporation”…said B.o.R. DID apply to
states
What is the Main Focus of the
Bill of Rights?
• Protection of the rights of the accused
– Why?
• Experiences under Brits
• Ex: Syria/China
• Big Question: How do you balance need for
law enforcement with individual rights?
“INJUSTICE ANYWHERE, IS A THREAT
TO JUSTICE EVERYWHERE!” MLK JR.
Criminal Process
1. Evidence Gathered:
– 4th Amendment—forbids unreasonable search &
seizure (exclusionary rule)
2. Suspicion Cast/Arrest Made
– 6th Guarantee habeas corpus—forbids
imprisonment without evidence
– 5th Amendment—Right to remain silent; due
process
“INJUSTICE ANYWHERE, IS A THREAT
TO JUSTICE EVERYWHERE!” MLK JR.
• Interrogation Held:
• 5th Amendment: Forced self-incrimination forbidden
• 6th Amendment: Right to Counsel
• 8th Amendment: Excessive bail forbidden
• Trial Held:
• 4th Amendment: Exclusionary Rule (Mapp v. Ohio)
• 5th Amendment: No “Double Jeopardy”
• 6th Amendment: “Speedy & Public Trial” by an impartial
jury ; Right to confront witnesses; Right to counsel
• Punishment Imposed:
• 8th Amendment: Protection from Cruel & Unusual
Punishment
Bill of Rights Overview
• 1st 10 Amendments added to the Constitution
• Bill of Rights
– Added to the Constitution to get key states of New
York and Virginia to ratify the Constitution
– Protects political rights
• 1st Amendment: Free speech, press, petition, assemble,
religion
– Protects the rights of the accused
• Protection from illegal search and seizure
• Right to a trial by jury, right to an attorney, right to be
free from self-incrimination
If Your Group Finishes A Station Early…
• Define the following terms on a separate sheet:
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Due Process
Equal Protection Clause
Habeas Corpus
Amicus Curiae
Clear & Present Danger Test
Lemon Test
Libel
Slander
Obscenity
Miranda Rule
Opener: SOPA/PIPA…Another Step
Closer to Censorship? Or A
Necessary Protection?
• Evaluation of SOPA/PIPA
• Colbert--SOPA/PIPA
• Daily Show--KO Computer