Dec 4 - Civil Liberties
Agenda:
• Lecture and
Presentations
Homework:
• Finish Chapter 15,
and submit SG by
11:59 Thursday
evening
Take out:
• Pen/Pencil
• Notebook
• Court case materials
CIVIL LIBERTIES
Defining Terms
• Civil Liberties (Amend 1)
– Basic Freedoms (e.g., speech and religion),
Citizens Protections against actions of the
government
• Civil Rights (Amend 5, 14, and by legislation)
– Positive Acts of Government
– Protections against discriminatory treatment
• The Principle of Limited Government
– Constitutional Guarantees
– Personal Freedoms
Rights Are Relative
• There are many Constitutional
Guarantees of Rights
• However, No one can do anything they
please
• Each persons rights are relative to the
rights of other people
– You have a right to freedom of speech
– But you do not have a right to cause panic
Which of the BOR are
most important?
• Amendment One
–
–
–
–
–
–
Establishment Clause
Free Exercise Clause
Speech
Press
Peaceable assembly
Petition for redress of grievances
• Amendment Two
– “the right of the people to keep and bear arms shall
not be infringed.”
FREEDOM OF
RELLIGION
• First Amendment
– Congress shall make no law respecting the
establishment of religion or prohibiting the free
exercise thereof…..
• Incorporated with the 14th – apply to states
• Two parts
– Establishment clause
– Free Exercise Clause
CASES: Freedom of
Religion
• Engel v. Vitale (1962)
• Abington School District v. Schempp
(1963)
• Lemon v. Kurtzman (1971)
• Employment Division of Oregon v. Smith
(1990)
• Zelman v. Simmons – Harris (2002)
FREEDOM OF SPEECH
AND PRESS
CASES: Freedom of
Speech
• Schenck v. US (1919)
• Gitlow v. New York (1925)
Tests Used to Determine if
speech is protected
•
•
•
•
•
Bad tendency doctrine
Clear and present danger
Centrality of Political Speech
Least Drastic Means
Prior Restraint
Prior Restraint Approved
• Can’t distribute pol. Material on military base
w/out approval
• CIA agents can’t write anything w/out CIA
approval
• Prison officials can block inmate receipt of
publications
• Public school official can censor student
newspapers
• School assemblies, conferences, etc. can be
censored
Dec 5 - Civil Liberties
Agenda:
• Lecture and
Presentations
Homework:
• 4.1-4.5 (104-130)
• Begin 4/5 Study
Guide
Take out:
• Pen/Pencil
• Notebook
• Court case materials
CASES: Freedom of
Speech
•
•
•
•
Tinker v. DesMoines (1969)
Texas v. Johnson (1989)
Buckley v. Valeo (1976)
Citizens United v. Federal Election
Commission (2010)
Symbolic Speech
• Non Oral Expression of thoughts
• USSC Cases
– Picketing - Upheld
– Draft Card Burning – Not protected
– No long hair in violation of policies
CASES: Freedom of the
Press
• Near v. Minnesota (1931)
• NY Times v. US (1971)
• Hazelwood School District v. Kuhlmeier
(1988)
Freedom of the Press
Controversial Areas
•
•
•
•
•
Right of Access
Executive Privilege
Gag orders for fair trials
Shield Laws
Defamation
– Difference between libel and slander
– Difficult to win libel cases
• Obscenity
Dec 9 - Civil Liberties
Agenda:
• Lecture and
Presentations
Homework:
• 4.6, 4.7 and 4.8 (130146)
• Continue 4/5 Study
Guide
Take out:
• Pen/Pencil
• Notebook
• Court case materials
CASES: Obscenity
•
•
•
•
•
Miller v. California (1972)
Bethel v. Frasier (1986)
Reno v. ACLU (1997)*
Ashcroft v. ACLU (2002)
US v. American Library Association (2003)
Later rulings
• Can not display obscene material
within 1,000 feet of a church,
school, residential area, park
• No nude Dancing in an adult
bookstore
• Crime to possess or view child
pornography
RIGHTS OF THE
ACCUSED
• Amendment Four
– Search and Seizure
• Amendment Five
– Grand jury
– Double Jeopardy
– Eminent Domain
• Amendment Six
– Speedy and public trial
– Assistance of counsel
• Amendment Eight
– “Cruel and unusual punishment”
CASES: Search and
Seizure
• Mapp v. Ohio (1961)
• New Jersey v. TLO (1985)
Arrests, Questioning,
Imprisonment
• Searches:
– Probable cause—must be specific, time, place, object
– Without Warrant:
•
•
•
•
•
Automobile exception
Terry exception (armed and dangerous)
Lawful arrest
Gives consent
Border crossings
• Arrests (Seizures):
– Probable cause, hot pursuit
Arrests, Questioning,
Imprisonment
• Exclusionary Rule:
– Illegally obtained evidence may not be used in
court
– Not used if “inevitable discovery”
– Good faith assumption that a warrant was
valid
• Controversies:
– Detractors: lets the crooks “off the hook”; why
should society pay for misdeeds of police
– Supporters: discourages police misconduct
REVIEW
Amendment 1 - Freedom of Religion,
Press, Expression.
• Congress shall make no law respecting an
establishment of religion, or prohibiting
the free exercise thereof; or abridging
the freedom of speech, or of the press; or
the right of the people peaceably to
assemble, and to petition the Government
for a redress of grievances.
Amendment 5 - Trial and Punishment, Compensation
for Takings.
• No person shall be held to answer for a capital, or
otherwise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offense to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.
CASES: Defendants
• Gideon v. Wainwright (1963)
• Miranda v. Arizona (1966)
Arrests, Questioning,
Imprisonment
• Self-Incrimination
• Questioning:
– Cannot force someone to talk- “I plead the 5th!”
– Miranda warnings to silence and to counsel
• Habeas Corpus:
– Court order that requires authorities to bring an
accused person to court to determine if he/she is
being held legally
– Can be suspended by Congress only in cases of
invasion / rebellion
Dec 10 - Civil
Liberties/Rights
Agenda:
• Lecture and
Presentations
Homework:
• 5.1-5.3 (152-165)
• Continue 4/5 Study
Guide
Take out:
• Pen/Pencil
• Notebook
• Court case materials
CASE: Property Rights
v. Public Welfare
• Property rights closely connected with
liberty and freedom
– Contract Clause – Article 1 Section 10 –
states may not pass laws “impairing the
obligation of contracts”
• United States v. Cors (1949)
• Kelo v. New London (2005)
• Limits on property rights
– Protect public welfare
– Eminent domain
Rights of the Accused
Amendment 6 - Right to Speedy Trial,
Confrontation of Witnesses.
• In all criminal prosecutions, the accused shall
enjoy the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed, which district
shall have been previously ascertained by law,
and to be informed of the nature and cause of
the accusation; to be confronted with the
witnesses against him; to have compulsory
process for obtaining witnesses in his favor, and
to have the Assistance of Counsel for his
defense.
Rights of the Accused
• Speedy Public Trial:
– As speedy as possible
– No secret trials (unless terrorist)
• Trial by Jury
– Guaranteed in criminal cases AND federal civil cases
• Counsel:
– Gideon v. Wainwright — States must provide counsel
for those who cannot afford it (states)
– Johnson v. Zerbst — Feds must do so too
Rights of the Accused
Amendment 8 - Cruel and Unusual
Punishment.
• Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
Rights of the Accused
• Excessive Bail:
– 8th Amendment;
– Bail must bear some relationship to gravity of
offense and likelihood of “jumping”
• Cruel and Unusual Punishment
Due Process
• Procedural: fair procedures (observe BOR,
provide reasonable notice, etc)
• Substantive: Laws themselves MUST be fair
• Your turn: Classify the following
– Police strip searches
– Compulsory vaccination
– Minimum wage
– Firing city employee w/out a hearing
Which of the BOR are
most important?
• Amendment Nine
– The listing of rights in the Constitution does
not deny those retained by the people.
• Amendment Ten
– States Rights Best Friend
9th Amendment
• 9th Amendment:
– Created because it is impossible to list all
rights protected
– Like to do the following?
• Travel, associate, intimacy—then the 9th
Amendment is for you!!!
• Right to Privacy???
– Doesn’t exist in the constitution
– Why Roe? Why right?
CASES: Privacy?
•
•
•
•
•
•
•
•
•
Kent v. Dulles (1958)
Griswold v. Connecticut (1965)
Roe v. Wade (1973)
Webster v. Reproductive Health Services (1989)
Planned Parenthood v. Casey (1992)
BSA v. Dale (2000)
Lawrence v. Texas (2003)
Gonzales v. Carhart (2007)
US v. Windsor (2012)