Copyright © 2014 Cengage Learning CIVIL LIBERTIES Chapter Four

Copyright © 2014 Cengage Learning Learning Outcomes 1. Explain the origin of the Bill of Rights and discuss how these rights were applied to the states. 2. Explain how the Bill of Rights protects freedom of religion while maintaining a separation between the state and religion. 3. Define “freedom of expression,” explain where it is found in the Bill of Rights, and show why it is important in a democracy. 2

Copyright © 2014 Cengage Learning Learning Outcomes 4. Discuss the concept of privacy rights and give examples of how individual privacy is protected under the Constitution. 5. Identify the rights of the accused and discuss the role of the Supreme Court in expanding those rights. 3

Copyright © 2014 Cengage Learning Introduction  Civil liberties: personal freedoms protected for all individuals  Restraints on government actions  Americans protected by Bill of Rights  First ten amendments to Constitution  Broad guidelines, not specific laws 4

Copyright © 2014 Cengage Learning The Bill of Rights  Colonists feared a tyrannical government  Bill of Rights added by framers to limit national government  In practice, shaped by judicial interpretation  Must balance personal freedoms with rights of all citizens  Early conflict over issue of limiting state government powers 5

Copyright © 2014 Cengage Learning The Bill of Rights  Extending the Bill of Rights to state governments  Barron v. Baltimore  Most states had own bill of rights, but still subject to judicial interpretation  Incorporation of Fourteenth Amendment  Incorporation theory: most Bill of Rights protections apply to state governments  Gitlow v. New York 6

Copyright © 2014 Cengage Learning Incorporating the Bill of Rights into the Fourteenth Amendment 7

Copyright © 2014 Cengage Learning Freedom of Religion  The separation of church and state –The Establishment Clause Aid to church-related schools School vouchers School prayer—Engel v. Vitale Prayer outside the classroom The Ten Commandments Teaching evolution Religious speech 8

Copyright © 2014 Cengage Learning Freedom of Religion 9

Copyright © 2014 Cengage Learning Freedom of Religion  The Free Exercise Clause  What defines religious practice?  Oregon v. Smith  Religious Freedom Restoration Act (1993)  National, state and local governments must work to accommodate religious conduct  Overturned by City of Boerne v. Flores 10

Copyright © 2014 Cengage Learning Freedom of Expression  Free speech and free press without government interference  No prior restraint  New York Times v. U.S. (Pentagon Papers)  WikiLeaks  Protection of symbolic speech  Protection of commercial speech  Citizens United v. FEC 11

Copyright © 2014 Cengage Learning Protecting Symbolic Speech? 12

Copyright © 2014 Cengage Learning Freedom of Expression  Permitted restrictions on expression  Clear and present danger test  Modifications by Supreme Court  Grave and probable danger rule Copyright © 2014 Cengage Learning 13

Copyright © 2014 Cengage Learning Freedom of Expression  Unprotected speech: obscenity  Definitional problems  “I know it when I see it”  Miller v. California  Defined by community standards  Protecting children  Pornography on the Internet 14

Copyright © 2014 Cengage Learning Freedom of Expression  Unprotected speech: slander  Public uttering of a false statement that harms reputation of another  Defamation of character  Campus speech  Student activity fees  Campus speech and behavior codes 15

Copyright © 2014 Cengage Learning Freedom of the Press  Defamation in writing  Libel  Public figures must meet higher standards  New York Times v. Sullivan (1964)  Actual malice must take place  Made it difficult to prove libel for public figures 16

Copyright © 2014 Cengage Learning Freedom of the Press  Free press versus a fair trial: gag orders  Right of a defendant to a fair trial supersedes right of public to “attend” the trial  Court permits press to publish factual information  Films, radio and TV:  No longer limited to print media, though broadcast media do not receive identical protections 17

Copyright © 2014 Cengage Learning The Right to Assemble and to Petition the Government  First Amendment guarantees  Supreme Court: state and local governments cannot bar individuals from assembling  Nazi Party  Westboro Baptist Church  Online assembly 18

Copyright © 2014 Cengage Learning NATO Protestors: the Right to Assemble 19

Copyright © 2014 Cengage Learning More Liberties Under Scrutiny: Matters of Privacy  No explicit Constitutional right to privacy, but is interpretation by Supreme Court  First, Third, Fourth, Fifth, Ninth and Fourteenth Amendments imply “zones of privacy”  Griswold v. Connecticut (1965)  Privacy rights in an information age 20

Copyright © 2014 Cengage Learning More Liberties Under Scrutiny: Matters of Privacy  Privacy rights and abortion  Roe v. Wade (1973)  Webster v. Reproductive Health Services  Planned Parenthood v. Casey  The controversy continues 21

Copyright © 2014 Cengage Learning More Liberties Under Scrutiny: Matters of Privacy  Privacy rights and the “right to die”  Karen Ann Quinlan case  Living wills  Physician-assisted suicide 22

Copyright © 2014 Cengage Learning More Liberties Under Scrutiny: Matters of Privacy  Privacy rights versus security issues  Fourth Amendment protections  Increased in importance after 9/11 attacks  Threats to liberty may make rights “too extravagant to endure”  USA PATRIOT Act  Civil liberties concerns  FISA Amendments Act 23

Copyright © 2014 Cengage Learning The Great Balancing Act: The Rights of the Accused versus The Rights of Society  Extending the rights of the accused  Fourth Amendment  No unreasonable or unwarranted search or seizure  No arrest except on probable cause  Fifth Amendment  No coerced confessions  No compulsory self-incrimination 24

Copyright © 2014 Cengage Learning Basic Rights of Criminal Defendants 25

Copyright © 2014 Cengage Learning The Great Balancing Act: The Rights of the Accused versus The Rights of Society  Rights of the accused (continued)  Sixth Amendment  Legal counsel  Informed of charges  Speedy and public jury trial  Impartial jury by one’s peers  Eighth Amendment  Reasonable bail  No cruel or unusual punishment 26

Copyright © 2014 Cengage Learning The Great Balancing Act: The Rights of the Accused versus The Rights of Society  Extending rights of the accused  Gideon v. Wainwright  Miranda v. Arizona  Public-safety exceptions  Recorded interrogations  Rights complicated for Americans outside U.S. borders Copyright © 2014 Cengage Learning 27

Copyright © 2014 Cengage Learning The Great Balancing Act: The Rights of the Accused versus The Rights of Society  Exclusionary Rule  Prohibits admission of illegally seized evidence  Mapp v. Ohio (1961)  Court has limited scope of exclusionary rule in recent decades 28

Copyright © 2014 Cengage Learning The States and the Death Penalty: Executions and Death Row Population 29

Copyright © 2014 Cengage Learning The Death Penalty  Cruel and unusual punishment?  Forbidden by Eighth Amendment  Supreme Court does NOT restrict all forms of capital punishment  Many states adopt bifurcated procedure  Death penalty today  Allowed by 33 states  Carried out mostly by state governments  Declining in number 30