Freedom of Speech and Press Prior Restraint Government CANNOT punish people for spoken or written words before they are expressed 1 st and 14 th amendments Court Case: New York Times v. United States, 1971 – Several Newspapers MIGHT print official government documents that were leaked Exceptions – School Newspapers – Political Material on Military Bases – Reading material of a person in jail Commercial Speech Speech for Business Purposes = advertising 1 st and 14 th amendments Court Case: Wooley v. Maynard – Covered state motto “Live Free or Die” on license plate Exceptions – False and Misleading Ads – Ads for illegal goods or services – Cigarette Ads on radio and TV

Freedom of Assembly and Petition Public Property Demonstrations that take place on sidewalks, streets, parks, public buildings 1 st Amendment Court Case: Gregory v. Chicago – If the people demonstrating remain PEACEFUL then they are allowed to assemble in public places and not be punished

Freedom of Security of the Person Security of Home and Person Warrant must be obtained with probable cause Arrest is seizure of a person – no need for a warrant Automobiles – no need for warrant under probable cause Exclusionary Rule – Evidence gained as a result of an illegal act by police CANNOT be used at the trial of the person Drug Testing – no need for a warrant Wiretapping – no need for a warrant because there is no physical invasion when the wires are tapped outside of the home 3 rd and 4 th amendments Court Case: Mapp v. Ohio – Exclusionary rule given to the state as well as nation

Rights of the Accused Bills of Attainder Legislative act that inflicts punishment without a court trial Bills of Attainder have been BANNED – Must have a court trial Article I, Sections 9 and 10 Court Case: United States v. Brown

Rights of the Accused Speedy Trial Person will be put on trial within a reasonable amount of time from arrest 6 th and 14 th amendment Court Case: Barker v Wingo, 1972 – The length of delay – The reason for delay – If the delay harmed the defendant – Did the defendant ask for a prompt trail Public Trial Right for people to view the trial and proceedings – Mainly dealing with media (newspapers and television) Judge can limit the number and kinds of spectators Trials should not be too speedy or too public 6 th and 14 th amendment Court Case: Chandler v. Florida, 1981 – Constitution does not prevent allowing televising a criminal trial

Rights of the Accused Trial by Jury Person accused of a federal crime must be tried by an impartial jury Jury must come from the state and district the crime was committed – Person being tried may as for “change of venue” – Person being tried may waive the right to a jury trial (bench trial) 6 th and 14 th amendment Court Case:Miller-El v Dretke, 2005 Right to an Adequate Defense Person accused of a crime has the right to the best possible defense that circumstances will allow 6 th and 14 th amendments Court Case: Escobedo v Illinois, 1964 – Escobedo asked for his lawyer, his lawyer was there and yet the police denied his right to see him

Federal Civil Rights Laws Civil Rights: Reconstruction to Today – 1870s – 1950s Congress did not pass ANY civil rights legislation Dr. King and the Civil Rights Movement – Civil Rights Act of 1964 Outlaws discrimination based on race, color, religion, national origin, sex, or physical disability Can not be denied federal funding Cannot be discriminated against by employer or labor unions – Civil Rights Act of 1968 Open Housing Act – forbids anyone to refuse to sell or rent a dwelling to any person on grounds of race, color, religion, national origin, sex, or physical disability