Presentation on theme: "Chapter 5 The Bill of Rights & Civil Liberties. Civil Liberties Civil Liberties = the protections the Constitution provides against the abuse of government."— Presentation transcript:
Chapter 5 The Bill of Rights & Civil Liberties
Civil Liberties Civil Liberties = the protections the Constitution provides against the abuse of government power. THE BILL OF RIGHTS Civil Rights = basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) ** Originally only protection from National Government ** Now applies to state governments for certain liberties - all with the exception of 2, 3, 5, 7 & 8
…Tell our enemies that they may take our lives, but they will never take our FREEDOM!!!
The Bill of Rights 1 st Amendment – Freedom of religion, speech, press, assembly, petition of the government 2 nd Amendment – Right to bear arms 3 rd Amendment – Quartering troops in private homes
4 th Amendment Prohibits unreasonable search and seizures the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
5 th Amendment Right to due – process, no double jeopardy, self- incrimination, eminent domain No person shall be held to answer for any 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 offence 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.
Miranda v. Arizona
6 th Amendment Rights when on trial 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 where in 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.
The Bill of Rights 7 th Amendment – Common-law suits 8 th Amendment – Excessive Bail; Cruel & Unusual Punishment 9 th Amendment – Bill of rights doesnt expand Government powers 10 th Amendment – powers not listed for the Federal Government are reserved for the __________.
Mini- History: Free Speech & Press 1798 Sedition Act passed by Federalists; undeclared naval war w/ France; crime to publish "false, scandalous, and malicious writing" against the government or its officials Civil War - Lincoln suspended free press Ordered the arrest of editors of 2 NY papers critical of him; Congress prohibited the Court from issuing a judgment in any cases involving convictions for publishing statements critical of the U.S. (Art. II gives Congress power to determine jurisdiction of the Court) WWI - Clear and Present Danger Test Schenck v. U.S. (1919) the Court looks to see whether the words used could create a clear and present danger 1969: Imminent Danger/Direct Incitement Test Court in Brandenburg v. Ohio (1969) holds that advocacy of illegal action is protected by 1 st Am. unless imminent lawless action is intended and likely to occur.
REMEMBER…. NY Times v. Sullivan (USSC 1964)
NY Times v. Sullivan (1964) Libel of requires all of: –False? –Written? –Harm Reputation? Libel of Public Figure also requires: –actual malice or reckless disregard for the truth? What if the writing is negligent?
1st Am. Guarantees: Freedom of Speech and Press Prior Restraint: USSC very rarely allows –New York Times Co. v. US (1971) (6-3) »Pentagon Papers case »Court ruled the U.S. government could not block the publication of secret Department of Defense documents illegally furnished to the Times by anti-war activists. –US could not prove a grave and irreparable danger to Natl Security. –Prior restraint: Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact (to do so violates 1 st Am.)
Obscenity 1973 definition: –judged by the average person, applying contemporary community standards to appeal to the prurient interest or to depict in a patently offensive way, sexual conduct specifically defined by applicable state law and lacking serious literary, artistic, political, or scientific value –1964: J. Stewart, I know it when I see it Balancing competing claims: freedom v. decency
Free Speech & Press Summary Democracy depends on a free exchange of ideas. –allows unpopular, offensive speech Symbolic Speech Protected Prior Restraint rarely justified GOVERNMENT Can Prohibit SOLIDs: Slander, Obscenity, Libel, Imminent Danger speech
Decrease in civil liberties since 911?
Exceptions –good faith exceptions when there is an error in gathering evidence that is minor, it may be used in court –Consent Plain View – Motor Vehicles Mapp v. Ohio4 th Amendment - Mapp v. Ohio (1961) exclusionary rule –Evidence illegally gathered may not be used in a criminal trial = exclusionary rule in this case it was applied to states
4 th, 5 th, 6 th Amendments: prohibits illegal _______ and ______ without _______ cause and a ______ warrant protection from double ________, e_______d_______, self ___________ and upholds D___ P_______ of law.…fair and speedy ______, right to _______. Miranda v. Arizona (1966) Gideon v. Wainwright (1963) –6 th Amendment In forma pauperis Have right to attorney even if you cant afford one
Selective Incorporation The court cases that applied the Bill of Rights to the states 14 th Amendment (1868) due process clause & equal protection clause Palko v. Connecticut Palko v. Connecticut (1937) – rejects FULL/TOTAL incorporation opts for selectively incorporating ** Now applies to state governments for certain liberties - all with the exception of 2, 3, 5, 7 & 8 ***** No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall any State deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
1 st Amendment Rights Selective Incorporation (application to the states) Gitlow v. New York (1925): Applied freedom of speech to the states Near v Minnesota (1931): Applied freedom of press to the States De Jonge v. Oregon (1937) Applied Free Assembly & Right to Petition Government