Civil Liberties

What are Civil Liberties? Protected personal freedoms; govt. is ________in their intrusion Est. by the ________________ Initially intended to limit national govt…not as concerned with state intrusion Most states had their own bill of rights & interpreted them separately ____ Amendment required states to apply est. civil liberties: “No state shall…deprive any person of life, liberty, or property without due process of law” Known as the _______________Theory

Freedom of Religion Separation of Church & State The Clause “Congress shall make no law respecting the establishment of a religion” Govt. cannot set up a church, pass laws aiding a religion, force church on people, use taxes to support a religious activity or group, etc. Govt. can neither promote or discriminate religious beliefs

Freedom of Religion Giving money to church-related schools ___% of students attend private schools (85% religious) Lemon v. Kurtzman (1971) ruled that religious instruction _______ be funded by direct state aid Govt. cannot be entangled with religion Rulings have permitted the use of state money to fund parochial schools’ ______ programs, ________, speech/hearing tests, standardized tests, computers & internet

Freedom of Religion School Vouchers Can parents use state funded vouchers to send their child to religious schools? 2002: Supreme Court ruled it ____ constitutional because the voucher did not specify to which type of school the student must attend Questions is now raised: Must voucher schools abide by civil rights & disability laws?

Freedom of Religion Prayer in Schools Engel v. Vitale (1962) NY suggested schools say the following prayer everyday: “Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, & our country.” Supreme Court ruled that govt. institutions ________ mandate prayer 1992: Schools _______ invite religious officials to say a prayer at graduation 2000: Students ______ use the PA system for prayer before sporting events

Freedom of Religion The Ten Commandments Teaching Evolution in schools Debate about posting them in schools or govt. buildings Teaching Evolution in schools State laws banning evolution being taught is _______________, nor can schools issue disclaimers to “not dissuade the biblical teaching” Religious speech in public schools Schools ________discriminate against religious groups when permitting certain rights/privileges to secular groups Alabama Supreme Court, 2003

Freedom of Religion Free Exercise Clause Govt. ______ prohibit the free exercise of religion, unless religious practices contradict _______ policy & ________.

Freedom of Expression Prior restraint Cannot censor an activity before it occurs We have the right to speak freely Symbolic speech includes ________, ________, __________, etc. Tinker v. Des Moines School District (1969) Students ______ legally protest the war by wearing black armbands to school

Freedom of Expression Symbolic speech, cont. Laws banning flag burning in peaceful protest have been declared ______________. Laws banning cross burnings are ___________as they are used for intimidation & threatening purposes

Freedom of Expression Permitted Restrictions on Expression Clear & Present _______ on peace or public order Gitlow v. New York: 1st amendment freedoms can be restricted if the expression might lead to some “evil” (bad-tendency rule) Cannot advocate ________________.

Freedom of Expression Unprotected Speech: Obscenity Difficult to define…changes with time Offensiveness is left to community standards Must lack _________, __________, _________, or __________ merit Laws banning the sale of child pornography are ________________. Most laws to limit internet pornography have been labeled ______________. CIPA (2000) can require public schools & libraries to install __________.

Freedom of Expression Unprotected Speech: Slander Campus Speech No slander: willing defamation of _________. Campus Speech Can a college/university require students to pay activity fees which support causes with which they disagree? ____, if it’s promoting “dynamic discussions of [various subjects]” Schools ______ issue rules restricting students’ verbal or physical speech displaying prejudices In light of school shootings, some schools do ban certain items generating “ill will or hatred” & to promote equality

Freedom of the Press We have the right to print what we want Defamation in Writing No _____ with “actual malice” Broadcasts can be regulated by the ____ (_______________________) because they grant licenses for people to use their airwaves Movies are ___ censored, but instead regulate the industry with _______.

Right to Assemble & Petition Citizens can express ideas on public issues to the govt. or other people Cities may require ________ for public officials to _________________. Street Gangs _______ gather together, but may not _______ (aimless dawdling) Do people have the right to engage in assembly online? Should the govt. be allowed to monitor these?

Right to Privacy Not used as a legitimate, defined liberty until 1965 – ___ Amendment 1965: Griswold v. Connecticut – states ______ ban contraceptives Privacy Act of 1974: you can request copies of personal records the govt. has collected on you & can correct inaccuracies Abortion Roe v. Wade (1973): States ______ ban abortions Supreme Court has since ruled that states can ban using __________, & require ___________& consent of ________. States can also outlaw abortions in the _______ trimester

Right to Privacy Right to Die 1976 was one of the first cases: Court said patients may refuse ____________ & those unable to speak may have the decision made by _________________ or ___________. People can make decisions with a _____________. If there is no living will, the _________ is the legal guardian (Terri Schiavo’s case – 2003) Right to commit suicide is _____ a protected liberty & will not be ruled upon by the Supreme Court all states but _________ ban assisted suicides. Should the right to privacy be eclipsed by national security issues? (USA ____________)

Rights of the Accused _th, _th, _th, & _th Amendments deal with criminal defendants Gideon v. Wainwright (1963): govt. must provide an ___________ if the defendant cannot afford one (6th amendment) Miranda v. Arizona (1966): you must be informed of your rights to __________& be provided with an _________ (5th amend.)

Rights of the Accused Pretrial Rights Trial Rights Prompt arraignment, legal council, & informed of charges (_th amendment) Reasonable bail (_th amendment) To remain silent (_th amendment) Trial Rights Speedy & public trial before impartial jury, & Adequate council (_th amendment) No self-incrimination or double jeopardy (_th) No cruel & unusual punishment (_th amendment)

Rights of the Accused Exclusionary Rule: illegally obtained evidence ______ be used by prosecutors Forces police officers to take proper procedures What about letting guilty people go free because of an innocent error? Good Faith Exception (1984): illegally obtained evidence may be used in court if police or officials can prove they would have obtained evidence legally anyway

Limits on Police Conduct No unreasonable or unwarranted _____________ No arrest without ____________ No coerced __________ No entrapment When questioned, suspect must be informed of ______.

Death Penalty Is the death penalty cruel & unusual punishment? Initially the phrase referred to torturous prolonging of death Furman v. Georgia (1972): imposing the death penalty was random & arbitrary, and violated the 8th & 14th Amendments Said it’s not C & U if there was a murder or attempted murder, & left it to the ______ to make laws Most states have est. a ______ process for deciding on the death penalty ___states currently use the death penalty & can only be decided by ______, not ______.