1. American Government and Politics Today Chapter 4 Civil Liberties

2. The Bill of Rights Origins: colonists’ fear of a tyrannical government. Origins: colonists’ fear of a tyrannical government. Federalists agreed to amend the Constitution to include a Bill of Rights after ratification, placing limitations on the government, and thus protecting citizens’ civil liberties. Federalists agreed to amend the Constitution to include a Bill of Rights after ratification, placing limitations on the government, and thus protecting citizens’ civil liberties.

3. The Bill of Rights and State Governments While the Bill of Rights protected the people from the national government it did not protect the people from state governments. While the Bill of Rights protected the people from the national government it did not protect the people from state governments. In 1868 the Fourteenth Amendment became a part of the Constitution, imposing step-by-step most of the Constitutional protections of civil liberties upon state governments. In 1868 the Fourteenth Amendment became a part of the Constitution, imposing step-by-step most of the Constitutional protections of civil liberties upon state governments. Incorporation Theory: The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment’s due process clause. Incorporation Theory: The view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment’s due process clause. Gitlow v. NYGitlow v. NY

4. Freedom of Religion Separation of Church and State Separation of Church and State Establishment ClauseEstablishment Clause 1. Aid to church-related schools 2. School vouchers 3. School prayer—Engel v. Vitale 4. Prayer outside the classroom 5. The Ten Commandments 6. Teaching evolution 7. Religious speech

5. Free Exercise Clause Guarantees the free exercise of religion; restrained when religious practices interfere with public policy. Guarantees the free exercise of religion; restrained when religious practices interfere with public policy. Examples: the ability of school districts to select texts for students, and the requirement of vaccinations for school enrollment.Examples: the ability of school districts to select texts for students, and the requirement of vaccinations for school enrollment. The Religious Freedom Restoration Act The Religious Freedom Restoration Act Accommodate religious conduct unless there was compelling reason not to do so. If it had to regulate, use the least restrictive means possibleAccommodate religious conduct unless there was compelling reason not to do so. If it had to regulate, use the least restrictive means possible Free Exercise in the Public Schools. Free Exercise in the Public Schools.

6. Lemon v. Kurtzman  Established the Lemon Test to determine separation of church and state.  Three part test Law must have secular legislative purposeLaw must have secular legislative purpose Must neither advance nor inhibit religionMust neither advance nor inhibit religion Must avoid “excessive government entanglement with religionMust avoid “excessive government entanglement with religion

7. Freedom of Expression No Prior Restraint No Prior Restraint Regulation before the event—implies censorship Regulation before the event—implies censorship NY Times vs US—affirmed Prior restraint NY Times vs US—affirmed Prior restraint Protection of Symbolic Speech Protection of Symbolic Speech Tinker, Texas, Eichman Tinker, Texas, Eichman Protection of Commercial Speech Protection of Commercial Speech Permitted Restrictions on Expression Permitted Restrictions on Expression Clear and Present Danger- Determines when gov’t may restrict free speech-Schenk v USClear and Present Danger- Determines when gov’t may restrict free speech-Schenk v US Modifications: Grave and Probable Danger RuleModifications: Grave and Probable Danger Rule

8. Freedom of Expression (cont.) Unprotected Speech Unprotected Speech ObscenityObscenity Pornography/Internet PornographyPornography/Internet Pornography Slander/defamation of CharacterSlander/defamation of Character Campus Speech Campus Speech Hate Speech on the Internet Hate Speech on the Internet

9.  Does the Clear and Present Danger Statute give the government too much power over your civil liberties?  As you see it, are civil liberties protected more than they are Limited? Explain

10. Freedom of the Press Libel, a written defamation of character Libel, a written defamation of character Public figures must meet higher standards than ordinary people to win a libel suit.Public figures must meet higher standards than ordinary people to win a libel suit. In these cases, the court must prove “actual malice” In these cases, the court must prove “actual malice” NY Times vs. SullivanNY Times vs. Sullivan Helped Freedom of the Press, had to prove they knew it was falseHelped Freedom of the Press, had to prove they knew it was false A Free Press versus a Fair Trial A Free Press versus a Fair Trial First amendment vs. Sixth Amendment???First amendment vs. Sixth Amendment??? Gag orders: the right of a defendant to a fair trial supersedes the right of the public to “attend” the trial.Gag orders: the right of a defendant to a fair trial supersedes the right of the public to “attend” the trial. Most commonly used for pretrial hearings Most commonly used for pretrial hearings Films, Radio, and TV Films, Radio, and TV Film industry regulates itself (FCC)Film industry regulates itself (FCC) Freedom of the press is no longer limited to just the print media, though broadcast media does not receive the same protection as print media.Freedom of the press is no longer limited to just the print media, though broadcast media does not receive the same protection as print media.

11.  In Montgomery, Alabama, after students sang "My Country, 'Tis of Thee" on the State Capitol steps... False. They sang "The Star-Spangled banner." False. They sang "The Star-Spangled banner." ...their leaders were expelled from school.... False. They were expelled after a lunch counter sit-in. False. They were expelled after a lunch counter sit-in. ...and truckloads of police armed with shotguns and tear-gas ringed the Alabama State College Campus. Exaggeration. They did not "ring" the campus. Exaggeration. They did not "ring" the campus.  When the entire student body protested to state authorities by refusing to re-register, their dining hall was padlocked in an attempted to starve them into submission. False. False.

12. The Right to Assemble and Petition the Governor The Supreme Court has held that state and local governments cannot bar individuals from assembling. State and local governments can require permits for such assembly so that order can be maintained. However the government cannot be selective as to who receives the permit. The Supreme Court has held that state and local governments cannot bar individuals from assembling. State and local governments can require permits for such assembly so that order can be maintained. However the government cannot be selective as to who receives the permit. Nazi Party, Ku Klux KlanNazi Party, Ku Klux Klan Street Gangs. “3 or more”Street Gangs. “3 or more” Shopping plaza, mallShopping plaza, mall

13. Privacy Rights There is no explicit Constitutional right to privacy, but rather the right to privacy is an interpretation by the Supreme Court. There is no explicit Constitutional right to privacy, but rather the right to privacy is an interpretation by the Supreme Court. From the First, Third, Fourth, Fifth, and Ninth Amendments. From the First, Third, Fourth, Fifth, and Ninth Amendments. The right was established in 1965 in Griswold v. Connecticut. The right was established in 1965 in Griswold v. Connecticut. Conn. Law prohibited the sale/use of contraceptivesConn. Law prohibited the sale/use of contraceptives

14. Privacy Rights and Abortion – Roe v. Wade. In Roe v. Wade (1973) the court held that governments could not totally prohibit abortions because this violates a woman’s right to privacy. Government action was limited depending on the stage of the pregnancy. – The controversy continues – Freedom of Access to Clinics Entrances Act (1994)- Prohibits protesters from blocking the entrance to abortion clinics – Partial Birth Abortion

15. More Privacy  What should be covered under the right to privacy? Home, car, person?Home, car, person?  At what point can privacy go too far?  When can the government limit Privacy?  Can Roe v Wade ever be overturned? How/why?  Do you think Roe will ever be overturned?

16. Privacy Rights and The Right to Die Cruzan v. Director, Missouri Department of Health (1997): a patient’s life support could be withdrawn at the request of a family member if there was “clear and convincing evidence” that the patient did not want the treatment. This has led to the popularity of “living wills.” Cruzan v. Director, Missouri Department of Health (1997): a patient’s life support could be withdrawn at the request of a family member if there was “clear and convincing evidence” that the patient did not want the treatment. This has led to the popularity of “living wills.” What If There Is No Living Will? For married persons, the spouse is the relative with authority in this matter.What If There Is No Living Will? For married persons, the spouse is the relative with authority in this matter. Terri Schiavo case Terri Schiavo case

17. Privacy Rights and The Right to Die (cont.) Physician-Assisted Suicide. The Constitution does not include a right to commit suicide. This decision has left states much leeway to legislate on this issue. Since that decision in 1997, only the state of Oregon has legalized physician-assisted suicide. Physician-Assisted Suicide. The Constitution does not include a right to commit suicide. This decision has left states much leeway to legislate on this issue. Since that decision in 1997, only the state of Oregon has legalized physician-assisted suicide. Washington v. Glucksberg Washington v. Glucksberg The cons. does not include the issue of suicide with or without assistance—this decision left the matter in the hands of the states.The cons. does not include the issue of suicide with or without assistance—this decision left the matter in the hands of the states. Gonzales v. Oregon Gonzales v. Oregon

18. Privacy Rights vs. Security Issues Privacy rights have taken on particular importance since September 11, 2001. For example, legislation has been proposed that would allow for “ roving ” wiretaps, which would allow a person (and his or her communications) to be searched, rather than merely a place. Such rules may violate the Fourth Amendment. Privacy rights have taken on particular importance since September 11, 2001. For example, legislation has been proposed that would allow for “ roving ” wiretaps, which would allow a person (and his or her communications) to be searched, rather than merely a place. Such rules may violate the Fourth Amendment. The USA Patriot Act The USA Patriot Act Civil liberties concernsCivil liberties concerns ACLU-american civil liberties union ACLU-american civil liberties union

19. Rights of the Accused Fourth Amendment Fourth Amendment No unreasonable or unwarranted search or seizure.No unreasonable or unwarranted search or seizure. No arrest except on probable cause.No arrest except on probable cause. No entrapmentNo entrapment Court ordered warrant only with Probable CauseCourt ordered warrant only with Probable Cause Fifth Amendment Fifth Amendment No coerced confessions.No coerced confessions. No compulsory self-incrimination.No compulsory self-incrimination. Writ of Habeas Corpus-must be brought before a judge and notified of chargesWrit of Habeas Corpus-must be brought before a judge and notified of charges No coerced confessionsNo coerced confessions

20. Rights of the Accused (cont.) Sixth Amendment Sixth Amendment Legal counsel.Legal counsel. Gideon Rule Gideon Rule Informed of charges.Informed of charges. Speedy and public jury trial.Speedy and public jury trial. Impartial jury by one’s peers.Impartial jury by one’s peers. Prompt arraignment-hear charges, enter pleaPrompt arraignment-hear charges, enter plea Eighth Amendment Eighth Amendment Reasonable bail.Reasonable bail. No cruel or unusual punishment.No cruel or unusual punishment.

21.  Are the rights of the accused more important that the rights of the victim?  Is a person innocent until proven guilty in our judicial system? Explain

22. The Bill of Rights and the Accused Miranda v. Arizona: requires the police to inform suspects of their rights (Miranda v. Arizona 1966). Miranda v. Arizona: requires the police to inform suspects of their rights (Miranda v. Arizona 1966). Exceptions to the Miranda Rule. These include a “public safety” exception, a rule that illegal confessions need not bar a conviction if other evidence is strong, and that suspects must claim their rights unequivocally. Exceptions to the Miranda Rule. These include a “public safety” exception, a rule that illegal confessions need not bar a conviction if other evidence is strong, and that suspects must claim their rights unequivocally.

23. The Bill of Rights and the Accused (cont.) Video Recording of Interrogations. In the future, such a procedure might satisfy Fifth Amendment requirements. Video Recording of Interrogations. In the future, such a procedure might satisfy Fifth Amendment requirements. The Exclusionary Rule. This prohibits the admission of illegally seized evidence (Mapp v. Ohio 1961). The Exclusionary Rule. This prohibits the admission of illegally seized evidence (Mapp v. Ohio 1961). May be allowed if court can prove that a warrant would have been issuedMay be allowed if court can prove that a warrant would have been issued Good Faith clause, if a police officer searches illegally using good faith it is allowedGood Faith clause, if a police officer searches illegally using good faith it is allowed

25. The Death Penalty Is the death penalty cruel and unusual punishment or is it a useful method for dealing with the worst criminals? Is the death penalty cruel and unusual punishment or is it a useful method for dealing with the worst criminals?

26. The Death Penalty Today 38 states allow the death penalty. 38 states allow the death penalty. Time Limits for Death Row Appeals. Time Limits for Death Row Appeals. The 1996 Anti-Terrorism and Effective Death Penalty Act limits appeals from death row. The 1996 Anti-Terrorism and Effective Death Penalty Act limits appeals from death row. Recently, DNA testing has led to the freeing of about a hundred death row inmates who were wrongly convicted, throwing doubt on the death penalty. Recently, DNA testing has led to the freeing of about a hundred death row inmates who were wrongly convicted, throwing doubt on the death penalty. Furman v. Georgia (1972) Furman v. Georgia (1972) Gregg v. Georgia (1976) Gregg v. Georgia (1976)