CIVIL LIBERTIES

CHAPTER 18 CIVIL LIBERTIES SPECIFY WHAT THE GOVERNMENT CAN NOT DO TO YOU. THESE ARE YOUR FREEDOMS THESE ARE LISTED IN THE BILL OF RIGHTS

BILL OF RIGHTS The Founders believed that these were unnecessary. However, the state ratifying conventions would not have accepted the Constitution.

Rights in Conflict Both the Constitution and the B of Rights contain a list of competing rights and duties. EXAMPLES: Right to a fair trial vs. right to broadcast Freedom of speech vs. preservation of public order

Crises facilitate the restriction of the liberty of some minority. Supreme Court usually upholds these Acts passed by Congress Sedition Act of 1798 Espionage & Sedition Acts of Smith Act 1940

1st Amendment Freedom of: Expression Speech Religion Petition Assembly Press

CLEAR AND PRESENT DANGER TEST Schenck vs. United States (1919) Justice Oliver Wendell Holmes - equivalent to screaming fire in a crowded theatre. Gitlow v. New York (1925) INCOPRPORATION

INCORPORATION Also known as selective incorporation Supreme Court used the “due process clause” of the 14th amendment to apply the Bill of Rights to state cases. This was done on a case by case basis. Gitlow applied the 1st amend (free speech and freedom of the press) Applied federal law to state cases.

Other Free Speech Cases Brandenburg v Ohio (1969)- speech is okay unless it’s likely to incite “imminent” unlawful action. Nazis in Skokie, Illinois- any group has the right to speak and parade peacefully.

Some kinds of speech are not fully protected Libel: written statement defaming another by false statement Slander: Defamatory oral argument Public figures must prove malice to get punitive damages What is speech?

OBSCENITY No enduring and comprehensive definition From differing opinions on obscenity from the Supreme Court. Localities decide what is offensive Protection is extended to almost all forms of communication; (i.e. nude dancing is somewhat protected)

SYMBOLIC SPEECH Cannot claim protection for an illegal act on the grounds that it conveys a political message (burning a draft card). Flag burning is protected speech. (Texas v Johnson (1995).

CHURCH AND STATE Free exercise clause- no state interference, law may not pose special burdens on religion. Conflict b/w religion and public policy 1) objection to military service 2) refusal to work on Saturdays 3) refuse to send children to public schools beyond 8th grade.

ESTABLISHMENT CLAUSE There is an “absolute” wall of separation between church and state- Jefferson Lemon Test: gov’t involvement in religious activities if it meets the following: 1) secular purpose 2) primary effect neither advances nor inhibits religion 3) no excessive gov’t entanglement in religion.

SUPREME COURT DECISIONS Engle v. Vitale- no silent moments for school prayer Lemon v Kurtzman- Lemon Test Wisconsin v Yoder- Amish schoolkids can stop going to public schools after 8th grade

Crime and Due Process The Exclusionary Rule Evidence gathered in violation of the Constitution is inadmissible in trial Implements the 4th amendment (no illegal searches and seizures) and 5th (no self- incrimination). Mapp v Ohio (1961) Incorporated the 4th amendment.

Legal Searches After arrest the police can search: 1) you 2) things in plain view 3) Things or places under your immediate control. Search warrants are usually required for searches of property, but rules have become more relaxed in recent years.

Terrorism & Civil Liberties US Patriot Act to combat terrorism PROVISIONS 1) government may tap any telephone, internet, & voic s used by a suspect, after getting court order 2) any non-citizen can be held as a security risk for seven days, sometimes longer 3) government can track $ across US borders and among borders. 4) statute of limitation on terrorist crimes eliminated, penalties increased.

EXECUTIVE ORDER for TERRORISTS He proclaimed a national emergency 1) noncitizen terrorist, or those who harbor terrorists will be tried in military court 2) Tried before a commission of military officers. 3) 2/3 vote to find guilty. 4) Appeal only to sec of defense or prez.

That’s All Folks!!!