Civil Liberties

True or False Bigamy is legal in the United States A police officer can lie to an accused person while questioning them. A police officer can search your car without your consent. You may use illegal drugs if it is part of a religious ceremony/ritual

True or False States can require a female under the age of 18 to have parental consent before having an abortion. You have a right to assisted physician suicide. You can legally burn the American flag.

Freedom of Religion Rests on Two Principles: Establishment Clause Free Exercise of Religion

Establishment Clause and related Supreme Court Cases/ Findings

The Issue of School Prayer Engel v. Vitale (1962) Moment of Silence Pledge of Allegiance – Jehovah Witnesses Pledge of Allegiance – “Under God”

Aid to Religious Schools Lemon v. Kurtzman (1971) The Lemon Test: –Aid must be used for secular purpose –Aid must be neutral – it may not advance or inhibit religion –Aid must not extensively entangle the government in religion

Aid to Religious Schools Using state university buildings for religious services Student religious groups meeting during activity hours Lending books and computers School vouchers

The Free Exercise of Religion When practices work against public policy and welfare of the people

Freedom of Speech, Press and Assembly

Unprotected Speech Direct Incitement/Imminent Lawless Action Libel & Slander Fighting Words Obscenity

Direct Incitement Test Brandenburg v. Ohio (1969) Direct Incitement Test –Directed at inciting or producing imminent lawless actions –Likely to incite or produce such an action –Immediate, violent, and illegal action

Libel & Slander Slander is a spoken statement Libel is a written statement Defame character Truth is an absolute defense

Slander To be slanderous the statement must… –Be false –Harm a person’s good reputation –Be made to a third party

Libel New York Times Co. v. Sullivan (1964) –Actual Malice –Press’s watchdog role in Democratic society –Public figures have access to public medium

Fighting Words Inflict injury or tend to incite an immediate breach of peace Actual threat of immediate violence, not merely offensive Fighting words can include profanity, obscenity, and threats Contextual

Obscenity Miller v. California (1973) –Violates contemporary community standards –Appeals to a prurient interest in sex –Patently offensive conduct –Lacks serious redeeming literary, artistic, political or scientific merit

Protected Speech Prior Restraint Symbolic Speech

Prior Restraint An activity cannot be stopped before it occurs. New York Times v. United States (1971) –Pentagon Papers

Symbolic Speech Includes gestures, movements, articles of clothing, etc. Texas v. Johnson (1989) –Burning American flag during peaceful protest

Bong Hits 4 Jesus

Right to Assembly

Rights of the Accused

Fourth Amendment & Searches and Seizures

Searches & Seizures No search warrant needed… –Consent is given –Once a person is arrested –Plain view doctrine –Immediate reach

Searches & Seizures No search warrant needed… –Violence or destruction of evidence –Reasonable suspicion person committing or about to commit a crime –Breathalyzer test

Exclusionary Rule of Evidence Mapp v. Ohio (1961) –Evidence obtained in illegal search and seizures are not admissible in a court of law

Fifth Amendment Self-Incrimination & Eminent Domain

Self-Incrimination Accused do not have to take stand Involuntary statements/confessions may not be used against Miranda v. Arizona (1966)

Kelo v. City of New London Eminent Domain Case City take private property to increase tax revenue Meaning of public use/public purpose 90% of Americans disagree with ruling

Sixth Amendment & Right to Counsel Jury Trials

Right to Counsel Gideon v. Wainwright (1963) Cannot afford an attorney the government must provide counsel

Jury Trials Speedy and public trial by an impartial jury

Eighth Amendment & Cruel and Unusual Punishment

Death Penalty Cases Furman v. Georgia (1972) –Arbitrary nature/racial bias –States must review statutes – Not applied capricious or discriminatory manner. Atkins v. Virginia (2002) –No executions of mentally retarded

The Death Penalty Roper v. Simmons –Execution of Minors –Evolving Standards of decency –Sociological/Scientific Research –Overwhelming international opinion against

Right to Privacy Birth Control Abortion Homosexuality Right to Die

Right to Privacy Griswold v. Connecticut (1965) –Director of Planned Parenthood –First, Third, Fourth, and Ninth Amendments created umbrellas (penumbras) that established zones of privacy –Falls under protection of Equal Protection – 14 th Amendment –Right to privacy covers marital relations

Roe v. Wade Laws against abortion violated a woman’s right to privacy During the first trimester states must leave decision to woman & her physician. During the 2nd trimester states may regulate abortion in. During final trimester state may prohibit abortion unless mother’s life is in danger

Further Rulings on Abortion States can… –Ban the use of public hospitals for abortions –Require pre-abortion counseling –Waiting period of 24 hours –Parental/judicial permission for girls under 18 –2000: Ended the ban on RU – 486 –Partial Birth Abortion is legal

Homosexuality Lawrence v. Texas (2003) – Texas law banning sodomy was unconstitutional –Scalia: Court has signed on to the so-called homosexual agenda

Right to Die Cruzan v. Director, Missouri Dept. of Health (1990) –Patient’s life-sustaining treatment can be withdrawn at request of family only if there is clear & convincing evidence patient did not want such treatments.

Physician Assisted Suicide Washington v. Glucksberg (1997) –Not a fundamental liberty protected by the Fourteenth Amendment – Due Process Clause