Civil Liberties AP Government Chapter 5

Liberties and Rights Liberties=Life Protections against the government Rights=Rules Specific laws to ensure your liberties They are inter-twined/mixed/over-lap

Conflict Sometimes one liberty 180º’s another (Nudity vs. Pornography) Ex-ACLU vs. Police Ex-Internal Security Act 1950 Culture can create conflict (immigration, religion)

Federal vs. States Who should guarantee your freedoms? US Constitution/Amendments State Constitutions (Supremacy Clause)

Judicial Branch Supreme Court decisions go a long way to defining liberties/ rights Page 103

Amendment 1—5 parts Speech Religion Press Assembly/Association Petition

Speech can cannot Expression Neutral Preferred position Pg 107 Prior restraint Clear and present danger Slander Imminent danger

Speech Obscenity 3 parts/rules It would offend the average person Violates anti-obscenity laws Lacks artistic value. “I know it when I see it” -US Supreme Court Justice Potter Stewart

Speech Symbolic Commercial Can combine with press and religion at times

Press Libel-written untruths Page 109

Religion Free Exercise Free Expression Establishment Clause no exclusive government sponsored religion

Religion Can Can’t Start your own Go door to door Sacrifice animals Stop going to school Not work on Saturday Avoid the draft Polygamy Avoid vaccinations Use drugs Mandatory prayers in school

Wall of Separation Principle of no government participation in things religious Impossible for the government to do Page 113/114

The Lemon Test Lemon vs. Kurtzman 1971 When is government involvement OK? Has a secular purpose Is religious neutral Keeps govt. involvement at a minimum

Assembly/Association Free to hang out with a group of people (local law can set limits) If it is for a cause/purpose…follow the “P’s” Peaceful-Permission-Police Do not break a law-incite people to

Petition Can ask/request change in the government Applies to all levels (Federalism) Most common in state/local Initiatives Referendums

Amendment 2 Gives states the right to have a militia (Ohio National Guard) NOT individuals-many rules to having a weapon

Amendment 3 We use military bases/public buildings Outdated since Revolutionary War when British army took homes

Amendment 4 Searches and Seizures Need probable cause search warrants permission from individual Miranda vs. Arizona 1966

Illegal Evidence Exclusionary Rule Illegal evidence cannot be used Self confessions when coerced are illegal Mapp vs. Ohio 1961

Use of Illegal Evidence Part of Drug testing Inevitable discovery Good faith Honest mistake on warrant Undercover confessions in jail

Search without a Warrant Can search you/area when arrested Emergency You give consent Evidence in plain view Moveable crime scene (articulable suspicion)

Minors Reasonable belief only needed at school New Jersey vs. TLO 1985 Rehab vs. jail—probation/parent supervision/community service 18 is a minor at school Student/Teacher relationship still exists outside of school

USA Patriot Act Response to 911 Allows govt. to by-pass courts when investigating terrorists Wire taps/Internet taps/Sharing Grand Jury info./Immigration laws/Financial laws/No Statute of Limitations on Terror Crimes/Voice mail-Email

Military vs. Civil Courts Terrorists are tried in military courts-no jury Foreigners held in US military prisons (Guantanamo) Page 121

Amendment 5 Indictment by grand jury No double jeopardy No self- incrimination Given due process Eminent domain

Types of Due Process Procedural- the actions of the government/police Substantive- the wording of the law

Amendment 6 Speedy trial (100 days) Public trial Jury of Peers Trial held where crime was committed Informed of crime Have a lawyer Call witnesses in favor Cross-examine opposing witnesses

Amendment 7 Civil trials with a jury if you want

Amendment 8 Bail Cruel Punishment No torture Death Sentences are limited Sentencing session Mental state Only for certain crimes Must be fair Can be denied Ensures you return for trial Get it back after trial

Amendment 9 You still have other rights in case we missed them in the 1st 8. The “Oops” Amendment

Amendment 10 Any powers not given to the National Government are Reserved to the states Practice what you preach (Kind of untrue today)

Civil War Amendments 13th- involuntary servitude 14th- all laws apply equally Due process, nationalized the B of R, equal protection clause 15th- voting -no racial bias (new freed male slaves)