1. American Government and Politics Today Chapter 4 Civil Liberties

2. (1) Civil Liberties : those personal freedoms that are protected for all individuals and that generally deal with individual freedom -usually involve restraining the government’s actions against an individual -limits on government actions (what the government can’t do) (2) Civil Rights – all rights rooted in the 14 th Amendment provide a guarantee of equal protection under the law -specifies what government must do

3. Freedom of Religion Separation of Church and State Separation of Church and State (1) Establishment Clause(1) Establishment Clause “Congress shall make no law respecting an establishment of religion” 1. Aid to Church-related schools -Lemon v. Kurtzman (1971) –direct state aid is not to be used to subsidize any religious institutions -aid to church-related schools must: (a) have a secular legislative purpose (b) have a primary effect that neither advances or inhibits religion (c) not foster an excessive govt “entanglement” with religion

4. 2. School Vouchers -2002 Supreme Court held that a Cleveland voucher program was Constitutional-Why?

5. 3. School Prayer—Engel v. Vitale (1962) -use a suggested prayer to start the school day: “Almighty God, we acknowledge our dependence upon thee, and we beg thy blessings upon us, our parents, our teachers, and our Country.” -parents complained; SC ruled it could not be used, because state sponsored religious support could lead to state sponsored persecution.

6. -Abington School District v. Schempp (1963) -SC outlawed officially sponsored daily reading of the Bible and the Lord’s Prayer in public schools. -What about students leading the prayer outside of school? -it is allowed 4. The Ten Commandments -what does the Court say? 5. Teaching Evolution

7. (2) 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. Not allowed to use drugs in servicesNot allowed to use drugs in services Not allowed to sacrifice someone in servicesNot allowed to sacrifice someone in services

8. The Religious Freedom Restoration Act (1993) – conferred on all persons the right to perform their religious rituals unless the govt. can show true harm to society The Religious Freedom Restoration Act (1993) – conferred on all persons the right to perform their religious rituals unless the govt. can show true harm to society Overturned by Supreme Court in 1997 Overturned by Supreme Court in 1997  Free Exercise in the Public Schools. -2002 NCLB requires all schools, in order to receive federal funds, must certify that they do not ban prayer or other expressions as long as everything conforms to the Constitution.

9. Freedom of Expression No Prior Restraint – relates to censorship --New York Times v. United States --S.C. ruled the paper could publish the Pentagon Papers Protection of Symbolic Speech --nonverbal expression of beliefs --Tinker v. Des Moines School District --S.C. held that students could wear black armbands as a form of protest Protection of Commercial Speech -advertisements

10. Permitted Restrictions on Expression Permitted Restrictions on Expression Clear and Present Danger TestClear and Present Danger Test Bad Tendency Rule (Gitlow v. NY)Bad Tendency Rule (Gitlow v. NY) Modifications: Grave and Probable Danger Rule Modifications: Grave and Probable Danger Rule -Dennis v. U.S. (1951) -court ruled “the gravity of the evil” warrants limitation of speech

11. Unprotected Speech Unprotected Speech ObscenityObscenity Pornography/Internet PornographyPornography/Internet Pornography SlanderSlander Hate SpeechHate Speech

12. 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. A Free Press versus a Fair Trial A Free Press versus a Fair Trial 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.

13. Films, Radio, and TV Films, Radio, and TV Freedom of the press is no longer limited to just the print media though broadcast media do not receive the same protection as print media.Freedom of the press is no longer limited to just the print media though broadcast media do not receive the same protection as print media.

14. The Right to Assemble and Petition the Governor The S. C. has held that state and local governments cannot bar individuals from assembling; can require permits for such assembly; cannot be selective as to who receives the permit. The S. C. has held that state and local governments cannot bar individuals from assembling; can require permits for such assembly; cannot be selective as to who receives the permit. Street Gangs.Street Gangs. Online AssemblyOnline Assembly

15. 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. The right was established in 1965 in Griswold v. Connecticut The right was established in 1965 in Griswold v. Connecticut

16. 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. – “partial birth abortion”

17. 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. 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.” ==This has led to the popularity of “living wills.”

18. What If There Is No Living Will?What If There Is No Living Will? For married persons, the spouse is the relative with authority in this matter.For married persons, the spouse is the relative with authority in this matter. Physician-Assisted Suicide.Physician-Assisted Suicide. -The Constitution does not include a right to commit suicide. -if the Constitution does not prohibit it, then whose authority does it fall under? This decision left states much leeway to legislate on this issue.This decision left states much leeway to legislate on this issue. Since that decision in 1997, only the state of Oregon has legalized physician-assisted suicide. Since that decision in 1997, only the state of Oregon has legalized physician-assisted suicide.

19. Privacy Rights vs. Security Issues Privacy rights have taken on particular events since September 11, 2001. Privacy rights have taken on particular events 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. 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. Such rules may violate the Fourth Amendment.

20. Rights of the Accused Procedural safeguards as found in the U.S. Constitution include the: 4 th Amendment, which provides protection from unreasonable searches and seizure (1) Search is defined as any government intrusion into something in which a person has a reasonable expectation of privacy (house, garage, diary, mail, yards)

21. Exemptions: -no expectation of privacy in “plain view” (ex. plants growing in front of a window, could be seen by police on street (legal location); therefore no search was conducted -no expectation of privacy for abandoned property (garbage)

22. (2) seizure is defined as the taking into possession, custody, or control; can include people & property *Once a search or seizure has taken place, it must be then found reasonable -courts have held that a search is not reasonable without a warrant (Mapp v. Ohio {1961} *Exclusionary Rule- -prohibits illegally obtained evidence from being used during trial

23. 5 th Amendment, which requires that no one can be deprived of life, liberty, or property without “due process of the law,” -includes protections against double jeopardy and individuals being required to be a witness against himself or herself -Escobedo v. Illinois (1964) -Miranda v. Arizona (1966)

24. 6 th Amendment, which guarantees a speedy trial, a trial by jury, a public trial, the right to confront witnesses, and the right to a lawyer at various stages of criminal proceedings Gideon v. Wainwright (1963)

25. The Death Penalty 8 th Amendment 8 th Amendment Prohibits cruel and unusual treatment by the courts. Prohibits cruel and unusual treatment by the courts. Is the death penalty cruel and unusual punishment? Is the death penalty cruel and unusual punishment? The Death Penalty Today. The Death Penalty Today. -Now 37 states allow the death penalty. -Time Limits for Death Row Appeals. -The 1996 Anti-Terrorism and Effective Death Penalty act limits appeals from death row.

26. 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.

27. Figure 4-1 States that Allow the Death Penalty