Chapter 4: Civil Liberties
By
Monica
Cristian
Timothy
• Collective name for the first ten amendments to the
United States Constitution.
• Serve to protect the natural rights of liberty and property.
• Guarantee a number of personal freedoms, limit the
government's power in judicial and other proceedings,
and reserve some powers to the states and the public.
• Originally applied only to the federal government, but
were eventually applied to the states by way of the
Fourteenth Amendment.
• The amendments were introduced by James Madison to
the 1st United States Congress as a series of legislative
articles. They were adopted by the House of
Representatives on August 21, 1789, formally proposed by
joint resolution of Congress on September 25, 1789, and
came into effect as Constitutional Amendments on
December 15, 1791, through the process of ratification by
three-fourths of the States.
• Prohibits the making of any law that:
a.
b.
c.
d.
Respects an establishment of religion
Impedes the free exercise of religion
Abridges the freedom of speech or infringing on the freedom
of the press
Interferes with the right to peaceably assemble or prohibiting
the petitioning for a governmental redress of grievances
Freedom of Expression
Right to Assemble and Associate
• Right to assemble - the right to gather together in order to make a
statement
•Within reasonable limits (called time, place, and manner
restrictions), freedom of assembly includes the rights to parade,
picket, and protest.
•Right to associate - freedom to associate with people who share a
common interest
•The right to associate includes the right to meet with people who
want to create political change.
-Court Case Example: NAACP v. Alabama (1958) ruled
that the NAACP did not have to reveal its membership list and thus
subject its members to harassment
Right to Bear Arms•District of Columbia v. Heller (2008)
•Right to possess a firearm for self-defense within
the home.
•Requiring firearm in home to be disassembled or
bound by trigger lock is unconstitutional.
•McDonald v. Chicago (2010)
•Extended 2nd Amendment’s limits on restricting
right to bear arms to state and local laws.
•Freedom of speech, of the press, of association, of
assembly and petition -- this set of guarantees, protected
by the First Amendment, comprises what we refer to as
freedom of expression.
•Prior Restraint – Is when the government is preventing
material from being published.
- Court Case Example: Near v. Minnesota
(1931) ruling that the 1st Amendment protects newspapers
from prior restraint.
•Free Speech and Public Order- War often brings
government efforts to enforce censorship.
- Court Case Example: In Schenck v. United
States (1919), Justice Oliver Wendell Holmes declared that
government can limit speech if it provokes a clear and
present danger of “substantive evils that Congress has a right
to prevent.”
Obscenity•Public standards vary from time to time, place to place, and person
to person.
•Work that some call “obscene” may be “art” to others.
•No nationwide consensus exists that offensive material should be
banned
-Court Case Example: Roth v. United States (1957) ruling that
“obscenity is not constitutionally protected
Libel and Slander•Libel (the publication of statements known to be false that tend to
damage a person’s reputation) and slander (spoken defamation) are
not protected by the First Amendment.
- Court Case Example :New York Times v. Sullivan
(1964) ruled that statements about public figures are libelous only if
made with reckless disregard for truth.
Symbolic Speech•Symbolic speech refers to actions that do not consist of speaking or
writing but that express an opinion.
-Court Case Example:Texas v. Johnson (1989) ruled that the
burning of the American flag was symbolic speech protected by the First
Amendment
Free Press and Free Trials•A few states have passed shield laws to protect reporters in situations
where they need to protect a confidential source; but in most states,
reporters have no more rights than other citizens once a case has come to
trial.
-Court Case Example: Branzburg v. Hayes (1972) If no
shield laws, the right of a fair trial preempts reporter’s right to protect
sources.
Regulation of the Public Airwaves•Broadcast stations must follow Federal Communication
Commission rules and regulations.
-Court Case Example: United States v. Playboy
Entertainment Group (2000) – Regulation must be narrowly
tailored to promote a compelling governmental interest.
• Interpreting Defendants’ Rights
•
•
Criminal Justice personnel are limited by the Bill of Rights and failure
to follow constitutional protections may invalidate a conviction.
Courts continually rule on what is constitutional and what is not.
• Searches and Seizures
•
•
•
Probable Cause – When the police have reason to believe that a
person should be arrested.
Exclusionary rule – Evidence obtained unconstitutionally can not be
introduced into a trial.
Mapp v. Ohio (1961) – Protection of 4th Amendment against
unreasonable searches and seizures extended to the states.
• Self-Incrimination
•
•
When an individual accused of a crime is compelled to be a witness
against himself or herself in court.
Miranda v. Arizona (1966) ruled that set guidelines for police
questioning of accused persons must be used to protect them
against self-incrimination and to protect their right to counsel.
• The Right to Counsel
•
•
Sixth Amendment – The right to counsel, the right to confront
witnesses, and the right to a speedy and public trial.
Gideon v. Wainwright (1963) – Anyone accused of a felony where
imprisonment may be imposed, however poor he or she might be,
has a right to a lawyer.
• Trials
•
•
Plea bargaining – A bargain between the prosecution and defense
for a defendant to plead guilty to a lesser crime; 90 percent of cases
end here and do not go to trial
Juries generally consist of 12 people, but unanimity is not always
needed to convict.
• Cruel and unusual punishment. 8
th amendment.
Gregg v. Georgia declares that death penalty is not cruel and unusual;
it should be used extremely.
Right to
Privacy
• The right to a private personal life free from
the intrusion of government. (implied by 4th
and 9th Amendments)
• Controversy over Abortion
• Roe v. Wade (1973) – Ruling that a state
ban on all abortions was unconstitutional.
•
Rights ensured in the Bill of Rights are essential
to democracy. Courts protect this.
• Civil Liberties and the Scope of Government
• In deciding between freedom and order, the
United States generally chooses liberty.
• Civil liberties limit the scope of government,
even though government efforts are needed
to protect rights.
AP Multiple Choice Questions
1)
The right of the people to be secure of their possessions
(persons, houses, and papers) against unreasonable
searches is protected by the _____ Amendment.
a. first
b. second
c. third
d. fourth
AP Multiple Choice Questions
1)
The right of the people to be secure of their possessions
(persons, houses, and papers) against unreasonable
searches is protected by the _____ Amendment.
a. first
b. second
c. third
d. fourth
AP Multiple Choice Questions
2) In which 1966 Supreme Court decision did they set guidelines
for police questioning of accused persons to protect them
against self-incrimination and to protect their right to counsel
a. Near v. Minnesota
b. Miranda v. Arizona
c. Roth v. United States
d. Tellez v. Macalino
AP Multiple Choice Questions
2) In which 1966 Supreme Court decision did they set guidelines
for police questioning of accused persons to protect them
against self-incrimination and to protect their right to counsel
a. Near v. Minnesota
b. Miranda v. Arizona
c. Roth v. United States
d. Tellez v. Macalino
AP Multiple Choice Questions
3) The Right to bear Arms is guaranteed by the _____
Amendment.
a. third
b. fourth
c. second
d. sixth
AP Multiple Choice Questions
3) The Right to bear Arms is guaranteed by the _____
Amendment.
a. third
b. fourth
c. second
d. sixth
AP Multiple Choice Questions
4) The right to a private personal life free from the intrusion
of government is _______.
a. right to privacy
b. freedom of expression
c. free exercise clause
d. exclusionary rule
AP Multiple Choice Questions
4) The right to a private personal life free from the intrusion
of government is _______.
a. right to privacy
b. freedom of expression
c. free exercise clause
d. exclusionary rule
AP Multiple Choice Questions
5) The 1973 Supreme Court decision holding that a state ban
on all abortions was unconstitutional was _______.
a. Planned Parenthood v. Casey
b. Roe v. Wade
c. McClesky v. Kemp
d. Mapp v. Ohio
AP Multiple Choice Questions
5) The 1973 Supreme Court decision holding that a state ban
on all abortions was unconstitutional was _______.
a. Planned Parenthood v. Casey
b. Roe v. Wade
c. McClesky v. Kemp
d. Mapp v. Ohio
AP FRQ Practice Question
• Describe an Amendment passed by Congress and explain
the rights the individual is granted. Include how it has an
impact on society and discuss whether or not you agree
with the amendment. How could you improve it? Explain
and Use Evidence.