4 Where do we get our civil liberties? The Original ConstitutionMentions specific rights considered to be fundamental freedoms by the founding fathersWrit of habeas corpus- brought before the court & informed of charges against youNo bills of attainder- cannot be punished without a trialNo ex post facto laws- laws applied to acts committed before the law’s passage are unconstitutionalTrial by juryBill of RightsFreedom of religion, speech, press, petition, & assemblyNo unreasonable searches and seizuresProtection against self-incrimination & double jeopardy14th AmendmentIncorporation of Bill of Rights to state & local governmentsLegislative ActionsSets limits on one person’s rights over another for the interest of societyCourt DecisionsProtect rights thru the use of judicial review
5 The first amendmentOf these 5 freedoms guaranteed in the 1st Amendment, which is the most important to you, & why?
6 Freedom of religion Religion “Congress shall pass no law respecting an establishment of a religion, or prohibiting the free exercise thereof”– 1st Amend.Establishment Clause-cannot establish any religion as the national religion, favor one religion over another, or use tax money for religious purposesFree Exercise Clause-Guarantees the right to practice any religion, or no religion at allBelief vs. Practice: belief- absolute, practice- limited
7 Issues regarding the freedom of religion Aid to religious schoolsSchool prayerPublic religious displaysEvolutionFree exercise vs. belief of religion
8 Cases to Know: Engel v. Vitale (1962) Epperson v. Arkansas (1968) Lemon v. Kurtzman (1971)Lynch v. Donnelly (1984)Lee v. Weisman (1992)Kitzmiller v. Dover (2005)Reynold’s v. United States (1879)Wisconsin v. Yoder (1972)Employment Division of Oregon v. Smith (1990)Church of the Lukumi Babalu Aye v. City of Hialeah (1993)Religious Freedom Restoration Act of 1993City of Boerne, Texas v. Flores
9 Freedom of Speech Types of Speech Regulating Speech Pure Speech- verbal, given the most protection by the courtsSymbolic Speech- using actions & symbols to convey and ideaSpeech Plus- verbal & symbolic used together, may be limitedRegulating SpeechUsually in the interest of national security
10 Issues regarding the freedom of Speech LibelWritten defamation of characterVery difficult to proveSymbolic speechNon-verbal actions of expressionsCommercial speechAdvertising is considered speechClear and present danger ruleGov can limit speech if dangerous to themselves or othersObscenitySpeech violates “community standards”Speech creates unnatural interest in sexMaterial depicts offensive sexual contextLacks any “serious” purposeSlanderSpoken defamation of character
11 Cases to Know: Alien and Sedition Act (1798) Schenck v. United States (1919)Gitlow v. New York (1925)Chaplinksy v. New Hampshire (1942)Tinker v. Des Moines (1969)Texas v. Johnson (1898)
12 Freedom of the Press Prior Restraint Government’s efforts to prevent publicationThe gov cannot prevent a story from being publishedAllowed in schoolProtected because it is closely related to the freedom of speechIncludes: newspapers, magazines, radio, tv, & the internetFacebook?
13 Cases to Know: New York Times v. Sullivan (1964) New York Times v. United States (1971)Hazelwood School District v. Kuhlmeier (1988)
14 Freedom of Assembly & Petition 1st Amendment: “the right of the people peacefully to assemble, and to petition the government for a redress of grievances”Applies to both public & private placesIncludes: petitions, letters, picketing, demonstrations, parades, and marchesGovernment may set limits on these freedoms to protect the rights and safety of othersLimits usually in context of time, place, and mannerUnited for CareWhat about gangs?
15 Cases to Know: Dejonge v. Oregon (1937) Thornhill v. Alabama (1940) Lloyd Corporation v. Tanner (1972)Boy Scouts of America v. Dale (2000)
16 14th AmendmentSection 1: “…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 any person of life, liberty, or property without due process of law…”Selective Incorporation- the application of the Bill of Rights to individual statesNot all of the Bill of Rights have been applied to the statesThe following Amendments have NOT been incorporated:2nd, 3rd, 5th, 7th, 8th
17 Property RightsThe 5th & 14th Amendments provide for the protection of private property guaranteeing the government cannot deprive a person of “life, liberty, or property without the due process of law”What is Due Process?Substantive Due Process- involves the policies of government or the subject matter of the laws, determining if the law is fair or it violates constitutional protectionsProcedural Due Process- the method of government action or how the law is carried out, according to the established rules and procedures
18 Right to Privacy The most controversial area of civil liberties The Constitution does not directly mention a “right to privacy”The Supreme Court has interpreted several rights that fall under the “right to privacy” using the 1st, 3rd, 4th, 9th, and 14th AmendmentsRight to Privacy?The USA Patriot Act
19 Cases to Know Griswold v. Connecticut (1965) Roe v. Wade (1973) Planned Parenthood v. Casey (1992)
20 Rights of the Accused Amendments 4-8 address rights of the accused Amendment 14 extends those rights to the statesFourth Amendment: freedom from unreasonable search & seizureFifth Amendment: freedom from self-incrimination, double jeopardy, & eminent domainSixth Amendment: right to an attorney, to be notified of charges against him & faced by his accusers, & right to a speedy and public trial by juryEighth Amendment: freedom from cruel & unusual punishment
21 Issues regarding the rights of the accused 4th Amendment Exceptions:Immediate searches can take place without warrant:Following a legal arrestSearch if given consentMaterial is in plain viewReason to believe evidence would disappearRight to trial by juryOnly incorporated during criminal casesRight to counselNot required in civil casesMiranda RightsMust be notified of the right to an attorney before questioningRight to speedy trial100 day rule unless more time is requested by counselExclusionary RuleEvidence obtained illegally during a search may not be used in courtObjective good faith exception- allows if found in “good faith”Death PenaltyFreedom from excessive bailNot every criminal must be offered bail if considered dangerous or likely to fleeNot incorporatedRights of the accused go to farMakes it more difficult to capture, try, and imprison criminals
22 Cases to Know: Mapp v. Ohio (1961) Terry v. Ohio (1968) United States v. Leon (1984)Terry v. Ohio (1968)Nix v. Williams (1984)Miranda v. Arizona (1966)Gideon v. Wainwright (1963)Escobedo v. Illinois (1964)Atkins v. Virginia (2002)