Chapter 4 Civil Liberties

Civil Liberties versus Civil Rights civil liberties involve restraining the government’s action against individuals civil rights are rights all individuals share as provided for in the 14 th amendment, which guarantees equal protection under the law

Table 4-1: Incorporating the Bill of Rights into the Fourteenth Amendment YearIssue Amendment Involved Court Case Freedom of speech Freedom of the press Right to a lawyer in capital punishment cases Freedom of assembly and right to petition Freedom of religion Separation of church and state Right to a public trial No unreasonable searches and seizures Exclusionary rule No cruel and unusual punishment Right to a lawyer in all criminal felony cases No compulsory self-incrimination Right to privacy Right to an impartial jury Right to a speedy trial No double jeopardy I VI I VI IV VIII VI V I, III, IV, V, IX VI V Gitlow v. New York, 268 U.S Near v. Minnesota, 283 U.S Powell v. Alabama, 287 U.S. 45. De Jonge v. Oregon, 299 U.S Cantwell v. Connecticut, 310 U.S Everson v. Board of Education, 330 U.S. 1. In re Oliver, 333 U.S Wolf v. Colorado, 338 U.S. 25. Mapp v. Ohio, 367 U.S Robinson v. California, 370 U.S Gideon v. Wainwright, 372 U.S Malloy v. Hogan, 378 U.S. 1. Griswold v. Connecticut, 381 U.S Parker v. Gladden, 385 U.S Klopfer v. North Carolina, 386 U.S Benton v. Maryland, 395 U.S. 784.

Freedom of Religion: Separation of Church and State –comes from the 1 st amendment establishment clause state aid to church-related schools Issues concerning separation of church and state include: –school vouchers –prayer in schools –teaching evolution –religious speech

Freedom of Religion (cont.) Free Exercise – comes from the 1 st amendment –means that no type of religious practice can be prohibited and restricted by the government

Freedom of Expression No prior restraint – the Supreme Court has been critical of government efforts to censor expression (prior restraint) The Supreme Court has protected some forms of speech: –symbolic speech –commercial speech (though in Nike v. Kasky (2003), the court did not protect commerical speech

Freedom of Expression Permitted restrictions: –speech that presents a “clear and present danger” –speech speech that might lead to some “evil “(the bad tendency rule)

Freedom of Expression Unprotected speech obscenity hate speech slander

Freedom of the Press press has some protection from libel charges libel must be accompanied by actual malice the press is now protected from gag orders during trials, except in unusual circumstances radio and t.v. have much more limited 1 st amendment protections they are subject to the equal time rule

The Right to Assemble and Petition the Government can be limited by municipalities right to offer permits for marches protected by the 1 st amendment

Privacy Rights and Abortion no explicit right to privacy in Constitution, but in Roe v. Wade (1973) court rules that privacy rights include abortion rights since then, the Court has taken on a more restrictive view of the rights outlined in Roe

Rights of the Accused versus the Rights of Society Limits on Conduct of Police Officers and Prosecutors Defendant’s Pre-Trial Rights Trial Rights Miranda Rights Videotaped Interrogations Exclusionary Rule

Hot Links to Selected Internet Resources: Book’s Companion Site: f f2004 Wadsworth’s Political Science Site: American Civil Liberties Union: Project Vote Smart: EPIC Archive – Privacy: