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Unit 5 Civil Liberties. Section 1: The Bill of Rights and Fundamental Freedoms BILL OF RIGHTS.

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Presentation on theme: "Unit 5 Civil Liberties. Section 1: The Bill of Rights and Fundamental Freedoms BILL OF RIGHTS."— Presentation transcript:

1 Unit 5 Civil Liberties

2 Section 1: The Bill of Rights and Fundamental Freedoms BILL OF RIGHTS

3 Bill of Rights 1 st 10 Amendments Protect civil liberties Framers believe this is imp. Job of gov. Protects all US Citizens + most aliens

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5 Balancing Rights vs. Interest of Public Good Examples: Freedom of assembly. You do NOT have the right to riot Example: Freedom of press. Should press have right to report on a criminal investigation if it threatens the accused’s right to a fair trial? Example: Right to bear arms. Does this mean anyone can own any weapon? How does the gov. try to balance individual rights with the public good? Pass laws Courts use judicial review

6 Section 2: First Amendment Rights: Freedom of Religion

7 The Establishment Clause “Congress shall make no law respecting an establishment of religion.” A. NO official religion B. NO favoring one religion over another C. We are too diverse for this D. “separation between church and state”—T. Jefferson

8 Court Cases RELIGION IN PUBLIC SCHOOLS McCollum v. Board of Education A. Illinois B C. Religious instruction program unconstitutionally established religion because it received official support RELIGION IN PUBLIC SCHOOLS Engle v. Vitale A B. Unconstitutional to have any officially sponsored prayer in school, even if voluntary Other court cases No Bible readings No moments of silence for meditation or prayer *STUDENTS ARE ALLOWED TO PRAY ON THEIR OWN AT SCHOOL! GOVERNMENT AID FOR RELIGIONS Lemon v. Kurtzman A. Lemon Test 1. Have a secular, or nonreligious, purpose 2. Neither advance nor limit religion 3. Not result in excessive government involvement with religion

9 OYEZ—click on the links to read about the case McCollum v. BOE Engle v. Vitale Lemon v. Kurtzman

10 Freedom of Religion, continued – Government Aid for Religion Parochial schools—schools run by churches or religious groups – Some believe gov. money should go to parochials » Taxpayers » Tuition would be less—choice of schools – Some believe gov. money should NOT go to parochials » Families choose it » $$$ would support religious education – Currently—some money used for some services Ex: busing, special education teachers LEMON TEST NOW USED!!!!!!!!!

11 Should any of these be allowed? “In God We Trust” Nativity Scenes in front of Government Buildings Congress opening session with prayer

12 Taxes and Religion a. Property owned by churches is not taxed – For: it taxed, the gov. could limit the freedom of religion – Against: puts all tax burden on the non-exempt b. Custom and Religion “In God We Trust” Nativity scenes Opening Congress with prayer *all seen as OK—SC says they represent most Americans’ deeply held beliefs

13 The Free Exercise Clause – “Congress shall make no law…prohibiting the free exercise of religion.” – A person can choose his/her religion and beliefs – Religious practices can be restricted if Threaten health and safety of others (Ex: bigamy, vaccinations/medicine)

14 Section 3: 1 st Amendment Rights: Freedom of Speech and of the Press

15 Early Case *John Stubbs case: he wrote a book criticizing a proposed marriage of Queen Elizabeth 2. his hand was cut off

16 **United States—freedom of speech guaranteed. However, individual rights must be balanced against other liberties.

17 Treason and Sedition Treason—act of aiding and comforting an enemy of the US Sedition—the use of language that encourages people to rebel against lawful gov. – Both of these can be debated, depending on point of view – Courts have had to balance individual rights vs. national security

18 Alien and Sedition Acts 1789 Made it illegal to say anything “false, scandalous and malicious” against the gov or its officials Many arrested Many felt this went against 1 st Amendment Expired in 1801

19 Clear and Present Danger Schenk v. United States WWI Use of US PS to distribute leaflets to encourage men not to join the draft Schenk found guilty of Alien and Sedition Acts OYEZ.ORG SCHENCK V. UNITED STATES

20 Prior Restraint stopping someone from expressing an idea or providing info The gov. can not do this stopping someone from expressing an idea or providing info The gov. can not do this Established in Near v Minnesota, 1931 (Click on this note to read about the case) Established in Near v Minnesota, 1931 (Click on this note to read about the case) 1971—Pentagon Papers – Court ruled The New York Times could publish this info that dealt with the Vietnam War Court ruled The New York Times could publish this info that dealt with the Vietnam War

21 Trials – Trials News reporters have used First Amendment guarantee of a free press to avoid giving testimony about the identities of their news sources or about info they have discovered in their work Courts have refused to accept the argument that the 1 st Amendment protects media from naming their sources – Branzburg v Hayes » Reporters have to name their sources – Shield laws: some states passed laws that allow reporters to protect the identity of their sources from state courts

22 OYEZ—click on the link to read about the case Branzburg v. Hayes

23 – Libel Written defamation of a person – Slander Spoken defamation of a person – Obscenity—something sexually indecent and highly offensive Miller v California, 1973 – Obscenity is material » In which the major theme would be judged to appeal to indecent sexual desires by the average person applying “contemporary community standards” » That shows in a clearly offensive way sexual behavior not allowed by state laws; and » That is “lacking serious literary, artistic, political, or scientific value.” ***Very hard to prove obscenity— people’s standards vary.

24 OYEZ—click on the link to read about the case Miller v. California

25 Licensing Radio and TV have fewer 1 st Amendment protections against gov actions than do newspapers They broadcast over airwaves owned by the public Federal Communications Commission (FCC)—gives licenses – Violence/sex during certain hours – TV Ratings System *with satellite and cable TV, things have changed over recent years – False advertising Can not give false or misleading advertisements – EX: can’t say a product has health benefits when it does not

26 Freedom of Speech and Individual Behavior – Personal Conduct – The following 3 cases deal with symbolic speech United States v O’Brien (1968) – Burning draft cards was illegal – Men did this to protest the Vietnam War Tinker v Des Moines (1969) – Students had the right to wear black armbands to school in protest of the Vietnam War 1990—court ruled that people can burn the American flag in protest—freedom of expression

27 OYEZ—click on the link to read about the case United States v. O'Brien Tinker v. Des Moines

28 Hate Speech The expression of hatred or bias against a person, based on characteristics such as race, sex religion, or sexual orientation Tough to enforce—however today, there are harsher penalties for those who commit hate violence.

29 Section 4: Fundamental Freedoms Freedom of Assembly and Petition

30 Demonstrations and Protests – These are very common Equal rights Abortion Honoring certain groups or causes – PURPOSE??? Persuade gov officials and others to pursue certain goals – These are protected by Bill of Rights – Gov can set boundaries to protect rights of others

31 Assembly and Public Property – Can not block streets, be too loud, etc – For parades—must get a permit – Police could end protests if they get violent – End protests that could disrupt school activities – Some protests allowed, even if unpopular Skokie case (1978) – Skokie, Illinois – Neo-Nazi parade – Many in Skokie were Jews, including some who escaped the concentration camps – Parade was allowed KKK rallies are allowed in not violent

32 OYEZ—click on the link to read about the case Skokie Case

33 Assembly and Private Property – Protests are very restricted on private property – Lloyd Corporation v Tanner 1972 Shopping mall Protestors trying to pass out literature opposing Vietnam War Court ruled mall owners could not allow them to do so

34 OYEZ—click on the link to read about the case Lloyd Corporation v. Tanner

35 Section 5: Assuring Individual Rights: Protecting Civil Liberties Due Process: gov. duty to follow fair procedures set by law when carrying out gov. functions courts decide whether gov has acted with due process. In other words, courts determine whether gov uses its police power reasonably

36 2 types of due process Procedural Due Process gov must apply a law fairly and act according to procedures and rules set by that law Ex: “Save Our City” wants to hold a demonstration of the city’s lax pollution law. Gov. says they can, but must be before 6am outside city limit. IS THIS DUE PROCESS??????? Substantive Due Process the principle that a law must be fair and reasonable. The right to substantive due process requires a court to consider the fairness of the law itself.

37 Due Process and the States – Fifth amendment: protected people from federal government actions only (not from the states) – After Civil War (1860’s) this changed 14 th Amendment: everyone born in the US is a US citizen and therefore has the right of due process (including freed slaves) – Added to this amendment are the words “the states may not deprive any person of life, liberty, or property, without due process of law.” Gitlow v. New York (1925)—established that the states MUST respect the fundamental freedoms guaranteed by the Bill of Rights In short, the due process clause limits the governments police power—or its authority to promote and to protect the health, safety, and welfare of the people. This power is exercised primarily by state and local governments. – Ex: police officers have the police power to fight crime. However, they have to work within the framework of the Constitution on things like search and seizure—getting a warrant

38 OYEZ—click on the link to read about the case Gitlow v. New York

39 Protecting People From Government Intrusion ***4 th Amendment—“the right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.”

40 Security at Home Police must follow a certain set of rules if they want evidence to be used in a criminal trial Search warrant—allows police to enter homes and search for certain items – Judge will only issue if “probable cause” shown – If evidence collected without search warrant, evidence not allowed » Exclusionary rule » Mapp v. Ohio (1961)—extended this to state trials – Exceptions Evidence ruled OK if the officer acted in “good faith” No warrant needed to search through garbage No warrant needed to search things “in plain view”

41 OYEZ—click on the link to read about the case Mapp v. Ohio

42 Personal Security 4 th amendment prevents police from conducting unreasonable searches of people and their possessions Police can’t search someone for no reason – Exceptions Court has allowed employee drug tests Police do not need search warrant to search autos, boats, etc – These can be driven away! Sobriety checks

43 Security and Private Communications 4 th amendment protections have been extended to private conversations Court used to allow wiretaps without warrants (Olmstead v. United States, 1928) 1967—this changed – Court ruled that a warrant was needed for wiretaps

44 OYEZ—click on the link to read about the case Olmstead v United States

45 Student Rights School officials need “reasonable” grounds to search lockers, etc New Jersey v. T.L.O – 14 year old caught smoking – School officials searched purse and found marijuana – Court ruled school can search to guard students’ health and safety and keep order

46 OYEZ—click on the link to read about the case New Jersey v. TLO

47 Protecting the Right to Privacy – 1928—wiretapping was legal. – Justice Louis Brandies wrote for the minority Said it was wrong for the gov. to wiretap without a warrant – 1955—Supreme Court reversed itself Griswold v. Connecticut Dealt with birth control being illegal The Court said that such laws violated a married couple’s “zone of privacy created by several fundamental constitutional guarantees.” – Another example: 1973 Roe v. Wade Abortion in the 1 st 3 months

48 OYEZ—click on the link to read about the case Roe v. Wade

49 Section 6: Assuring Individual Rights: Rights of the Accused *The Framers of the Constitution wanted to guarantee that innocent people would not be wrongly convicted of crimes Writ of Habeas Corpus Bill of attainder Ex Post Facto Laws Grand jury Self- incrimination

50 Explanations Writ of Habeas Corpus – Police must appear in court with the accused and show good reason to keep him or her in jail Bill of attainder – The government may not pass laws directed at specific individuals – The United States v. Lovett (1946) Ex Post Facto Laws – The government may not pass laws that punish people for actins that were legal when they took place Grand jury – A person accused of a federal crime must be brought before a panel of citizens who decide if the government has enough evidence to try him or her on formal charges Self-incrimination – An accused person cannot be forced to proved evidence to support a criminal charge against himself of herself – Miranda v. Arizona (1966) Police must inform criminal suspects of their rights Ernesto Miranda—confessed to rape after 2 hours of questioning Confession ruled not allowed because he was not read his rights

51 OYEZ—click on the link to read about the case Miranda v. Arizona

52 Section 6: Assuring Individual Rights: Ensuring Fair Trials and Punishments ***Government MUST respect a person’s right to a fair trial and must act fairly when punishing people convicted of crimes ***Which parts of the Constitution requires the government to respect the rights of a fair trial??? The Fifth, Sixth, Seventh, and Eighth Amendments! These give us the right to a speedy and public trial, the right to a trial by jury, the rights to an adequate defense, and restrictions on trying a person twice for the same crime.

53 Right to a Fair Trial—5 items – 1. Speedy Trial 6 th amendment The time period between the filing of formal charges and the start of a trial must be reasonable – Accused is not in jail for extended period – Evidence won’t be lost Extensions can be allowed by the judge to allow attorneys to gain more evidence Accused may be released on bail that is not excessive – Once trial starts, bail money is returned (as long as accused shows up!)

54 Right to a Fair Trial—5 items – 2. Public Trial Helps prevent abuses of the law How about televising trials??? – OJ Simpson case » For: it’s the public’s right to witness trials » Against: this case was a circus! Everybody got to watch it and it could influence the court proceedings! » *IN OJ CASE, THE JURY WAS SEQUESTERED!

55 Right to a Fair Trial—5 items – 3, Trial by Jury 6 th Amendment, 7 th Amendment, and Article III, Section 2 guarantees the right to a trial by jury Petit Jury—decides cases – 12 – Trial must be held in the district in which the crime was committed – Jury is a cross-section of the registered voters – Can not be kept off jury because of race, sex, economic status, national origin, or religion Change of venue – Accused can ask for change of venue – They think they will not get a fair trial in their home town – EX: Timothy McVeigh—blew up a government building in Oklahoma City – His trial was moved to Denver Unanimous (all 12 jurors) verdicts needed to convict Bench trial – Accused can waive right of trial by jury – Judge decides the case – Judge can refuse this

56 Right to a Fair Trial—5 items – 4. Adequate Defense Sixth Amendment guarantees this right People accused of crimes have the right to – Be informed of the charges against them – Question witnesses against them in court – Present their own witnesses in court, and – Be represented by counsel—a lawyer 1932—Supreme Court ruled that the right to counsel was so critical in cases involving capital offenses that the government MUST provide lawyers for people who cannot afford them 1963 Gideon v. Wainwright – Gideon accused of breaking into a pool hall with the intent to commit a misdemeanor. – He was too poor to afford a lawyer, and requested that one be provided. – Judge refused. – He got 5 year sentence. – Gideon mailed a petition about his case to the Supreme Court. – Court said that Gideon’s 6 th Amendment right was violated – government MUST provide lawyer for anybody who can’t afford one 1973: Court extended the right to counsel even further – Accused person cannot be sent to jail for any offense unless he or she has either been represented by counsel or voluntarily given up that right

57 OYEZ—click on the link to read about the case Gideon v. Wainwright

58 Right to a Fair Trial—5 items – 5. Double Jeopardy—can not be tried twice for the same crime Fifth Amendment guarantees this right Can not be found innocent in state court, then tried again in federal court Can not be found guilty, then put on trial again to get a harsher penalty Does NOT INCLUDE – Situation when a person breaks both a state and federal law – If a jury does not give a verdict in 1 st trial, you can be tried again

59 Fair Punishment—8 th Amendment – Cruel and Unusual Punishment – What is cruel and unusual punishment? Whipping? Flogging? Quartering? Firing Squad? Electric Chair? – Supreme Court says cruel and unusual punishment “is not fastened to the absolute but may acquire meaning as public opinion becomes enlightened by humane justice.” – 1969—overcrowding in prisons included as cruel and unusual

60 Capital Punishment – Is it cruel and unusual? – Court said it is not cruel and unusual until the 1970’s – Furman v. Georgia Court said capital punishment against the 8 th Amendment Too many death penalty cases were influenced by race or other factors – 1976 Gregg v. Georgia Georgia came up with a new system for death penalty cases 2 parts—both decided by the jury – Conviction phase – Penalty phase Also, the Supreme Court automatically reviews all death penalty cases

61 OYEZ—click on the link to read about the case Furman v. Georgia Gregg v. Georgia


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