Civil Liberties 4

Video: The Big Picture IA_1/polisci/presidency/OConner_Ch04_Civil_Liberties_Se g1_v2.html 4

Learning Objectives Outline the issues and compromises that were central to the writing of the Constitution Analyze the underlying principles of the Constitution

Outline the First Amendment guarantees of and limitations on freedom of speech, press, assembly, and petition Summarize changes in the interpretation of the Second Amendment right to keep and bear arms Learning Objectives

Analyze the rights of criminal defendants found in the Bill of Rights Explain the origin and significance of the right to privacy Learning Objectives

Evaluate how reforms to combat terrorism have affected civil liberties Learning Objectives

Video: The Basics IA_1/polisci/presidency/Seg2_CivilLiberties_v2.html 4

 The Incorporation Doctrine: The Bill of Rights Made Applicable to the States  Selective Incorporation and Fundamental Freedoms 4.1 Roots of Civil Liberties: The Bill of Rights

 Fourteenth Amendment Bill of Rights applies to actions of states, not just federal government  Due process clause Applied to Bill of Rights  Substantive due process 4.1 The Incorporation Doctrine: The Bill of Rights Made Applicable to the States

4.1 When did the Court first articulate the doctrine of selective incorporation?

 Fundamental freedoms protected under selective incorporation  Rights that states must protect: Freedom of press Freedom of speech Freedom of assembly 4.1 Selective Incorporation and Fundamental Freedoms

4.1 TABLE 4.1 How has selective incorporation made the Bill of Rights applicable to the states?

Video: In Context IA_1/polisci/presidency/Seg3_CivilLiberties_v2.html 4.1

4.1 What does the Bill of Rights include? a.The first 10 amendments to the Constitution b.All of the amendments to the Constitution c.The first 14 amendments to the Constitution d.A list of basic freedoms outlined in the Preamble to the Constitution

What does the Bill of Rights include? a.The first 10 amendments to the Constitution b.All of the amendments to the Constitution c.The first 14 amendments to the Constitution d.A list of basic freedoms outlined in the Preamble to the Constitution

 The Establishment Clause  The Free Exercise Clause 4.2 First Amendment Guarantees: Freedom of Religion

 Separation of church and state  Lemon test Must have secular purpose Must not advance or prohibit a religion Must not entangle government with religion 4.2 The Establishment Clause

4.2 Should children be required to pray in school?

 Free exercise clause not absolute Some religious rites considered illegal State must provide compelling reason to limit exercise of religion 4.2 Free Exercise Clause

Which of the following is not part of the Lemon test? a.Law must neither advance nor inhibit religion b.Law must not foster government entanglement with religion c.Law must not impose costs on religious organizations d. Law must have a secular legislative purpose

Which of the following is not part of the Lemon test? a.Law must neither advance nor inhibit religion b.Law must not foster government entanglement with religion c.Law must not impose costs on religious organizations d. Law must have a secular legislative purpose

 Freedoms of Speech and the Press  Protected Speech and Press  Unprotected Speech and Press  Freedoms of Assembly and Petition 4.3 First Amendment Guarantees: Freedoms of Speech, Press, Assembly, and Petition

 Prior restraint  Alien and Sedition Acts Censored criticisms of the government  Slavery, Civil War speech again censored  World War I and anti-government speech 4.3 Freedoms of Speech and the Press

 Limiting prior restraint  Symbolic speech  Hate speech 4.3 Protected Speech and Press

4.3 How broad is the right to symbolic speech?

 Unprotected speech Libel Slander Fighting words Obscenity 4.3 Unprotected Speech and Press

 Freedom to assemble hinges on peaceful conduct Subject to rules regarding free speech  Right to petition government about issues 4.3 Freedoms of Assembly and Petition

4.3 How do we use our right to assemble?

What standard is not considered when defining obscenity? a.Is it based on community norms? b.Is it sexually offensive? c.Does it have artistic or political value? d.Is it harmful to minors?

What standard is not considered when defining obscenity? a.Is it based on community norms? b.Is it sexually offensive? c.Does it have artistic or political value? d.Is it harmful to minors?

Explore the Simulation: You Are a Police Officer _1/2013_mpsl_sim/simulation.html?simulaURL=5 4.3

 Included to prevent Congress from disarming state militias  Dred Scott v. Sandford (1857) The right to bear and carry arms a basic right of citizenship 4.4 Second Amendment: Right to Keep and Bear Arms

What was an original intent of the Second Amendment? a.To require colonists to keep and bear arms b.To disarm the state militias c.To regulate the sale of firearms d.To preserve the right to revolt against the government

What was an original intent of the Second Amendment? a.To require colonists to keep and bear arms b.To disarm the state militias c.To regulate the sale of firearms d.To preserve the right to revolt against the government

 The Fourth Amendment and Searches and Seizures  The Fifth Amendment  The Fourth and Fifth Amendments: The Exclusionary Rule  The Sixth Amendment: Right to Counsel  The Sixth Amendment: Jury Trials  The Eighth Amendment: Cruel and Unusual Punishment 4.5 Rights of Criminal Defendants

 Protection from unreasonable searches Warrants Probable cause  Drug tests 4.5 The Fourth Amendment and Searches and Seizures

 Protection against self-incrimination  Miranda v. Arizona (1966) Right to remain silent Knowledge that what you say can be used against you Right to an attorney present during questioning Right to have an attorney provided if you cannot afford one  Double jeopardy 4.5 The Fifth Amendment

4.5 Why was Ernesto Miranda important to the development of defendants’ rights?

 Mapp v. Ohio (1961)  Exceptions to the exclusionary rule “Good faith” mistakes 4.5 The Fourth and Fifth Amendments: Exclusionary Rule

 Sixth Amendment right to attorney Gideon v. Wainwright (1963) State must provide attorney for indigent Right to counsel begins with first appearance before a judge 4.5 The Sixth Amendment and Right to Counsel

 Speedy and public trial by impartial jury  Right to confront witnesses  Jury of peers Racial peers Gender 4.5 The Sixth Amendment and Jury Trials

 Cruel and unusual punishment not defined  Furman v. Georgia (1972)  Protecting the wrongfully convicted 4.5 The Eighth Amendment and Cruel and Unusual Punishment

4.5 How do states vary in their application of the death penalty?

Video: In the Real World IA_1/polisci/presidency/Seg5_CivilLiberties_v2.html 4.5

4.5 Because of the ____, l awyers cannot select jurors on the basis of gender. a.Fifth Amendment b.Civil Rights Act of 1964 c.role of political correctness d.equal protection clause

Because of the ____, l awyers cannot select jurors on the basis of gender. a.Fifth Amendment b.Civil Rights Act of 1964 c.role of political correctness d.equal protection clause

Explore Civil Liberties: Should the Government Apply the Death Penalty? g_12/pex/pex4.html 5.4

 Birth Control  Abortion  Homosexuality 4.6 Right to Privacy

 Right of women to obtain contraceptives  Griswold v. Connecticut (1965) 4.6 Birth Control

4.6 What was the outcome of Griswold v. Connecticut (1965)?

 Roe v. Wade Prohibits state bans on abortion  Planned Parenthood v. Casey (1992) Restrictions cannot place “undue burden” on woman 4.6 Abortion

 Right to privacy extends to private sexual behavior  Lawrence v. Texas (2003) 4.6 Homosexuality

4.6 Which case led to greater discussion of gay rights issues?

Video: Thinking Like a Political Scientist IA_1/polisci/presidency/Seg3_CivilLiberties_v2.html 4.6

4.6 What was the decision in Griswold v. Connecticut based on? a.Right to privacy b.Right to information about family planning c.Right to abortion d.Right to sexual conduct

What was the decision in Griswold v. Connecticut based on? a.Right to privacy b.Right to information about family planning c.Right to abortion d.Right to sexual conduct

 The First Amendment  The Fourth Amendment  Due Process Rights 4.7 Toward Reform: Civil Liberties and Combating Terrorism

 USA PATRIOT Act Limits on freedom of speech Constraints on media 4.7 The First Amendment

 The USA PATRIOT Act and impact on illegal search and seizure Private records Search of private property Collection of foreign intelligence Who is sending and receiving communications 4.7 The Fourth Amendment

 Reduced rights of habeas corpus  Detention facilities  Right to trial by jury  Cruel and unusual punishment 4.7 Due Process Rights

4.7 What are living arrangements like for detainees?

Which rights have been affected by the USA PATRIOT Act and the Military Commissions Act? a.The right to trial by jury b.The protection from illegal search and seizure c.The right to obtain legal counsel d.All of the above

Which rights have been affected by the USA PATRIOT Act and the Military Commissions Act? a.The right to trial by jury b.The protection from illegal search and seizure c.The right to obtain legal counsel d.All of the above

Overall, have the Court’s rulings on civil liberties strengthened citizens’ rights or weakened them in favor of government restrictions? Are there any notable trends over time? Discussion Question 4

Video: So What? _1/polisci/presidency/OConner_Ch04_Civil_Liberties_Seg6_v 2.html 4

Further Review: On MyPoliSciLab  Listen to the Chapter  Study and Review the Flashcards  Study and Review the Practice Tests 4