Civil Liberties Chapters 15, 16

1st Amendment: Freedom of Expression “Congress shall make no law

1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion,

1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof;

1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech,

1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press,

1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble,

1st Amendment: Freedom of Expression “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Freedom of Expression (1st Amendment) Freedom of Speech Our government depends on citizens being informed Speech that is not protected Speech that creates a clear and present danger or that incites violence Libel (written) & slander (spoken) false report meant to harm Sedition – speech that urges the overthrow of gov’t

Freedom of Expression (1st Amendment) Symbolic Speech Nonverbal communication, expression by conduct Some is protected Picketing outside during a strike Burning an American Flag Some is prohibited Burning draft cards Government MAY regulate the time, place, and manner that we express ideas; May NOT regulate content.

Freedom of Religion “Congress shall make no law respecting an establishment of religion...” The Establishment Clause Prevents government from setting up official U.S. religion Or declaring any religion illegal “Separation of Church and State” NOT in Constitution, but in a letter of Thomas Jefferson in 1802

Freedom of Religion “… or prohibiting the free exercise thereof…” The Free Exercise Clause Protection to practice any religious belief If religious practices conflict with others rights or disrupt order, they can be denied or punished Constitution protects all religious beliefs, not all practices. Freedom of Thought vs. Freedom of Action

Freedom of Expression Freedom of Assembly Right to Assemble Must remain peaceful, especially when demonstrating Tough balance between freedom to assemble and order in society Right to Associate Freedom to join groups / associations without government interference Private organizations do not have to accept everyone who wants to associate with them.

4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Defendants’ Rights Criminal Justice personnel are limited by the Bill of Rights (preserve individual rights) Failure to follow the rules usually invalidates a conviction Searches and Seizures Probable Cause to arrest a citizen or obtain a warrant, the officer must have reasonable suspicion of a crime Exclusionary Rule the rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained

Defendant’s Rights Basic Rights during investigation: Arrest Probable Cause Search Automobile Probable cause or “plain sight” Search home/office/etc. warrant obtained from a judge Drug testing no warrant or probable cause Wiretapping must obtain a warrant

6th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Defendant’s Rights During Trial: To be informed of the accusation To call witnesses to testify for him/her To be confronted with witnesses against him/herself To have a lawyer (unless you waive that right) Trial by jury Speedy trial preliminary trial held within 100 days

5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Defendants’ Rights Self-Incrimination An individual accused of a crime is not legally required to be a witness against himself or herself in court. Miranda rights

Understanding Civil Liberties Civil Liberties and Democracy People need the right to express themselves. Courts continue to define the limits of civil liberties. Civil Liberties and the Scope of Government Must decide the line between freedom & order Limits the scope of government