2Civil LibertiesIndividual legal & constitutional protections against the governmentSet down in the Bill of RightsWhat rights do Americans have?What rights do Americans deserve?
3Fourteenth Amendment“…nor [shall any state] deny to any person within its jurisdiction the equal protection of the laws.”Makes all states have to uphold the First Amendment according to the incorporation doctrine first established by Gitlow v. New York (1925)Aka selective incorporation
7Freedom of Religion: Establishment clause Debate over interpretationWhat does the establishment clause mean?Should there be separation of church and state?Engel v. Vitale (1962)Should prayer be allowed in schools?no school prayerLemon v. Kurtzman (1971)Should governments fund church related schools?regulates aid to church-related schools: “Lemon test”
8Freedom of Religion: Free exercise clause Prohibits government from interfering with practice of religionMuch less controversialReynolds v. U.S. (1879)Should polygamy be allowed as part of a Mormon man’s religious duty?Polygamy is not protected “religious duty”Difference between religious belief and action that flows from religious beliefOregon v. Smith (1990)Should you be allowed to take illegal drugs (peyote) in a religious ceremony?Can’t do illegal things because of your religion
9Freedom of Religion Sebelius v. Hobby Lobby (2014) Should a for-profit company be allowed to deny its employees health coverage of contraception based on religious objections of the company’s owners?
11Free Expression Free speech and press Should you be able to say anything?Tinker v. Des Moines (1969)Should students have free speech in school?Yes, if it doesn’t interfere with schoolShould the press be allowed to publish anything?First Amendment Rights Are Not AbsoluteShould student publications be treated differently than privately held media outlets?Do school administrators have special responsibilities to censor student produced publications?
12Freedom of Expression: Free Speech & Public Order Biggest conflict between press and governmentSchenck v. U.S. (1919)Should you be allowed to tell people to resist the draft?upheld conviction of socialist urging draft resistanceLimits speech that promotes “clear and present danger” of substantive evils
13Freedom of Expression: Obscenity (*&^%$!) Obscenity is not constitutionally protected speech or pressWhat is obscenity?Justice Potter Stewart, “I know it when I see it” [Jacobellis v. Ohio (1964)]Miller v. California (1973)Should a porn store be able to send out a brochure with graphic images from its products?Three-prong standard for obscenity = Miller testAppeal to a “prurient interest in sex”“Patently offensive” sexual contentLacks “serious literary, artistic, political or scientific value”
14Freedom of Expression: Libel & Slander What’s the difference? Are they allowed?Slander = spoken defamationLibel = written defamation = not protectedNY Times v. Sullivan (1964)Should the press be allowed to publish false statements about the conduct of public officials?Public figures need to prove that statements were intentionally maliciousPrivate individuals only need to show that statements were defamatory lies and the author was negligent
15Freedom of Expression: Symbolic Speech Texas v. Johnson (1989)Should you be able to burn the American flag as a protest statement?Supreme Court struck down law banning flag burningSymbolic speech is protected by the First Amendment
16Commercial SpeechAdvertising = much more restricted than other types of speechRegulated by the Federal Trade Commission (FTC)Radio & TV regulated by the Federal Communications Commission (FCC)More government regulation than print mediaLimited number of broadcasting frequencies
17Freedom of Assembly What is it? Right to gather together to make a statement within reasonable limitsTime, place, and manner restrictionsRight to associate with people who share a common interestNAACP v. Alabama (1958)Should the NAACP be forced to reveal the names and addresses of all its members?NAACP did not have to reveal its membershipProtected right to assemble
18The Right to Bear Arms Is it an individual right? Can there be limits on it?
19Defendants’ RightsMost of the Bill of Rights is about protecting people accused of crimesFourth, Fifth, Sixth, Seventh, and Eighth AmendmentsStages of criminal justice system:Crime arrest prosecution trial verdict / punishment
20Defendants’ Rights: Searches & Seizures Fourth Amendment prohibits unreasonable s & sNeed probable cause for search warrantReasonable grounds to believe someone guilty of crimeWritten authorization from court specifying area to be searched and what’s being searched for
22Searches & Seizures: Exclusionary rule Prevents illegally seized evidence from being used in courtMapp v. Ohio (1961)Should evidence obtained in an illegal search and seizure be admissible in court?Extended exclusionary rule to the statesCritics believe this allows guilty people to go free because of police incompetence or human errorCourt has increasingly made some exceptions to exclusionary rule since 1980s
23Defendants’ Rights: Self-Incrimination “Pleading the Fifth”: suspects need not provide evidence that can later be used against themImmunity = exempt from prosecution in exchange for testimonyMiranda v. Arizona (1966)Should police be allowed to interrogate you without telling you of your right to counsel and protection against self-incrimination?Court established guidelines for police questioningRemain silentWhat they say can be used against themRight to an attorney
24Defendants’ Rights: Right to Counsel Guaranteed by the Sixth Amendment (for federal courts)Gideon v. Wainwright (1963)Should right to counsel extend to felony defendants in state courts?Yes
25Defendants’ Rights: Post-9/11 Sixth Amendment guarantees that accused have the rightto be informed of accusations andto have a speedy and public trialAfter 9/11 FBI held more than 1200 people as possible dangers to national security762 illegal aliensMany languished in jail for months until cleared by FBI
26Defendants’ Rights: Post-9/11 First time in U.S. history federal government withheld names of detaineesArgued that this info would help terroristsHamdi v. Rumsfeld & Rasul v. Bush (2004)Should “enemy combatants” get Due Process?Yes
27Defendants’ Rights: Cruel & Unusual Punishment Forbidden by Eighth AmendmentMost of constitutional debate is centered on:Is the death penalty cruel and unusual punishment?Furman v. Georgia (1972)Death penalty is not cruel and unusualThe way it’s being carried out is (arbitrary, racially biased)Gregg v. Georgia (1976)Does not violate Eighth or Fourteenth Amendments
28Right to Privacy Should we have this right? Not explicitly in the Bill of Rights -- Implied?Griswold v. Connecticut (1965)Does a law banning birth control violate a couple’s right to marital privacy?Bill of Rights grants unstated liberties implied by explicitly stated rightsFirst, Third, Fourth, and Ninth Amendment right to privacy in marital relations
29Right to Privacy: Abortion Should abortions be legal under any circumstances?Should abortions be legal in certain circumstances?Should abortions be legal in all circumstances?
31Right to Privacy: Abortion Roe v. Wade (1973)Divided pregnancy into three trimesters1st: Forbade any government control of abortions2nd: Permitted states to allow regulated abortions only to protect mothers’ health3rd: Allowed states to ban except when life or health of mother is in dangerNot overturned, but restricted
32Abortion rights: Restrictions Congress has passed several laws forbidding use of federal fundsWebster v. Reproductive Health Services (1989)Do any of these laws infringe on right to privacy or equal protection?Public employees and facilities can’t be used in performing or assisting abortionsCounseling to have abortions prohibitedViability testing after 20 weeksUpheld Missouri laws
33Abortion rights: More restrictions Planned Parenthood v. Casey (1992)Do any of these laws violate Roe?24 hour waiting periodParental/judicial consent for minorsHusband notification requirementOnly the third fails “undue burden” testGave government more power to regulate abortions