Chapter 4: Civil Liberties American Democracy Now 2/e

Civil Liberties Civil Liberties in the American Legal System  The Freedoms Protected in the American System  The Historical Basis for American Civil Liberties: The Bill of Rights ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 2

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Civil Liberties Where Do You Stand? Would the Constitution’s framers approve of regulations we face today in everyday life, such as laws requiring motorcyclists to wear helmets, requiring car riders to use seatbelts, restricting the consumption of alcohol and cigarettes, and banning cell phone use while driving? a. Yes, they would approve. b. No, they would not approve. Source: “Zogby Poll: U.S. Constitution Wearing Well in Modern America,” ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 5

Civil Liberties Civil Liberties in the American Legal System  Incorporation of the Bill of Rights to Apply to the States Barron v. Baltimore (1833) Fourteenth Amendment Selective incorporation versus total incorporation Palko v. Connecticut (1937) ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 6 (continued)

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 7

Civil Liberties Freedoms of Speech, Assembly, and the Press: First Amendment Freedoms Supporting Civil Discourse  The First Amendment and Political Instability The Tension Between Freedom and Order The Historical Context for Free Speech Laws The Standard Today: The Imminent Lawless Action Test ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 8

Civil Liberties Freedoms of Speech, Assembly, and the Press:  Freedom of Speech Pure Speech versus Symbolic Speech Not all Speech is Created Equal: Unprotected Speech  Freedom of Assembly and Redress of Grievances  Freedom of the Press ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 9 (continued)

Civil Liberties Freedoms of Religion, Privacy, and Criminal Due Process  The First Amendment and the Freedom of Religion The Establishment Clause The Free Exercise Clause  The Right to Privacy The Emergent Right to Privacy The Right to Privacy Applied to Other Activities ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 10

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 11

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 12

Civil Liberties Freedoms of Religion, Privacy, and Criminal Due Process  The Fourth, Fifth, Sixth, and Eighth Amendments: Ensuring Criminal Due Process The Fourth Amendment and the Protection Against Unreasonable Searches and Seizures The Fifth and Sixth Amendments: The Right to a Fair Trial and the Right to Counsel ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 13 (continued)

Civil Liberties Freedoms of Religion, Privacy, and Criminal Due Process  The Fourth, Fifth, Sixth, and Eighth Amendments: Ensuring Criminal Due Process The Eighth Amendment: Protection Against Cruel and Unusual Punishment ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 14 (continued)

Civil Liberties Where Do You Stand? Do you favor or oppose the death penalty for persons convicted of murder? a. Favor the death penalty b. Oppose the death penalty c. Unsure/Don’t know Source: “Capital Punishment’s Constant Constituency: An American Majority,” anamerican-majority. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 15

Civil Liberties Freedoms in Practice: Controversy over the Second Amendment and the Right to Bear Arms  Competing Interpretations of the Second Amendment Individual right Group right  Citizens Engaged: Fighting for a Safer Nation  Civil Liberties in Post-9/11 America ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 16

©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 17

Civil Liberties Where Do You Stand? Does the Second Amendment guarantee to all U.S. citizens the right to own a gun? Or does it protect that right only in the case of state militias such as the National Guard? a. Guarantees the right to all Americans b. Guarantees the right exclusively to state militias c. Do not know/no opinion Source: “Public Believes Americans Have Right to Own Guns,” ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 18

Civil Liberties Freedoms in Practice: Controversy over the Second Amendment and the Right to Bear Arms  Perceived Intrusions on Free Speech and Assembly  Perceived Intrusions on Criminal Due Process USA PATRIOT Act Foreign Intelligence Surveillance Act (FISA)  Discrimination Against Muslim Americans ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 19 (continued)

Civil Liberties Where Do You Stand? Which is more important in the United States today—national security or personal privacy? a. Security is more important b. Privacy is more important c. Not sure Source: “Capital Punishment’s Constant Constituency: An American Majority,” anamerican-majority. ©2011, The McGraw-Hill Companies, Inc. All Rights Reserved. 20