CIVIL LIBERTIES Chapter 4

Learning Objectives Copyright © 2016 Cengage Learning. All rights reserved. 4.1Identify what civil liberties are 4.2Explain why civil liberties are limited in times of crisis 4.3Distinguish what rights of expression the First Amendment protects 4.4Determine what religious freedoms the First Amendment protects 4.5Outline how the “right to bear arms” has been interpreted 4.6Describe what protections the Bill of Rights provides to those accused of crimes 4.7Assess what constitutes the right to privacy 2

What Are Civil Liberties?  Civil Liberties and Civil Rights  Balancing Liberty and Order  Constitutional Rights  The Bill of Rights and the States  Started to apply to states end of 19 th century  Fourteenth Amendment  Selective incorporation Copyright © 2016 Cengage Learning. All rights reserved. 3

Distinction between Civil Liberties and Civil Rights Copyright © 2016 Cengage Learning. All rights reserved. 4

Constitutional Amendments That Pertain to Civil Liberties Copyright © 2016 Cengage Learning. All rights reserved. 5

Civil Liberties in Times of Crisis  From Revolution to Civil War  The Sedition Act  The World Wars  The Espionage Act  The Cold War and Vietnam  U.S. worried about communism  The War on Terror  The Patriot Act  Civil Liberties and American Values Copyright © 2016 Cengage Learning. All rights reserved. 6

Civil Liberties in Times of Crisis Copyright © 2016 Cengage Learning. All rights reserved. 7 The name of Senator Joseph McCarthy has been attached to an era noted for fear of Communism and the use of fear tactics to suppress freedom of speech and belief. His dishonesty and abusive treatment of witnesses during these hearings turned both the Senate and the public against him.

The First Amendment and Freedom of Expression  Freedom of Speech  Advocacy of Unlawful Activities  Clear and present danger test  Fighting Words and Hate Speech  Cross burning by the KKK  Picketing at funerals of U.S. soldiers  College speech codes  Symbolic Speech  Time, Place, and Manner Regulations Copyright © 2016 Cengage Learning. All rights reserved. 8

The First Amendment and Freedom of Expression Copyright © 2016 Cengage Learning. All rights reserved. 9 In 2002, high school student Joseph Frederick unfurled this banner while his class watched the Olympic Torch relay pass through Juneau, Alaska. When the principal suspended Frederick for the banner’s message about drugs, Frederick sued, saying that his free speech rights had been violated.

The First Amendment and Freedom of Expression  Freedom of the Press  Prior Restraint  Subsequent Punishment  Miller test for obscene materials  The Right of Association Copyright © 2016 Cengage Learning. All rights reserved. 10

Religious Freedom  Free Exercise  The Establishment of Religion  Congress cannot recognize one official church  Establishment clause  Lemon test Copyright © 2016 Cengage Learning. All rights reserved. 11

Religious Freedom Copyright © 2016 Cengage Learning. All rights reserved. 12 In 2014, the Court decided that the Hobby Lobby Corporation, which is owned by a devout Christian, had to abide by the requirement in the Affordable Care Act that its employee health care plan provide free access to birth control pills when the corporate owner believes that such pills can result, not just in the prevention of, but in the termination of pregnancy.

The Right to Keep and Bear Arms  The Second Amendment  National Firearms Act 1934  Attempt to regulate gun ownership  Individual right to bear arms 2008  Following Sandy Hook School tragedy  39 bills to tighten access to guns  70 bills easing access to guns Copyright © 2016 Cengage Learning. All rights reserved. 13

Criminal Procedure  Investigations  Searches and Seizures  Fourth Amendment  Exclusionary Rule  Interrogations  Fifth Amendment  Miranda decision Copyright © 2016 Cengage Learning. All rights reserved. 14 This is a booking photo of Ernesto Miranda. His case led the Warren Court to require police to give arrested suspects “Miranda Warnings.”

Criminal Procedure  Trial Procedures  Right to counsel  Right to impartial jury  Verdict, Punishment, and Appeal  Double Jeopardy  Sentencing  Appeals Copyright © 2016 Cengage Learning. All rights reserved. 15

The Right to Privacy  Birth Control and Abortion  1800s Comstock Laws  1961 Griswold v. Connecticut  Established right to privacy  1973 Roe v. Wade  Established national right to abortion  Modifications made in 1992 Copyright © 2016 Cengage Learning. All rights reserved. 16

The Right to Privacy Copyright © 2016 Cengage Learning. All rights reserved. 17

The Right to Privacy  Homosexual Behavior  Lawrence v. Texas  The Right to Die  Does not include assisted suicide  Student Housing Copyright © 2016 Cengage Learning. All rights reserved. 18

Civil Liberties and Democracy  Congress and president have ways to hold Supreme Court accountable  Unlimited liberties can harm social order  Political tolerance essential to democratic stability Copyright © 2016 Cengage Learning. All rights reserved. 19

Percentage Allowing Speeches by Members of Disfavored Groups Copyright © 2016 Cengage Learning. All rights reserved. 20

Muslims Surveillance Lawsuit Copyright © 2016 Cengage Learning. All rights reserved. 21 Click picture to view video

Video Discussion Questions 1.Why did many Muslims find this surveillance offensive? Is it legal? 2.Does American political culture support close scrutiny of religious groups? 3.Do security concerns justify New York’s actions in this case? Why or why not? Copyright © 2016 Cengage Learning. All rights reserved. 22