1. Civil Liberties

2. What are Civil Liberties?
Protected personal freedoms; govt. is ________in their intrusion
Est. by the ________________
Initially intended to limit national govt…not as concerned with state intrusion
Most states had their own bill of rights & interpreted them separately
____ Amendment required states to apply est. civil liberties: “No state shall…deprive any person of life, liberty, or property without due process of law”
Known as the _______________Theory

3. Freedom of Religion Separation of Church & State The Clause
“Congress shall make no law respecting the establishment of a religion”
Govt. cannot set up a church, pass laws aiding a religion, force church on people, use taxes to support a religious activity or group, etc.
Govt. can neither promote or discriminate religious beliefs

4. Freedom of Religion Giving money to church-related schools
___% of students attend private schools (85% religious)
Lemon v. Kurtzman (1971) ruled that religious instruction _______ be funded by direct state aid
Govt. cannot be entangled with religion
Rulings have permitted the use of state money to fund parochial schools’ ______ programs, ________, speech/hearing tests, standardized tests, computers & internet

5. Freedom of Religion School Vouchers
Can parents use state funded vouchers to send their child to religious schools?
2002: Supreme Court ruled it ____ constitutional because the voucher did not specify to which type of school the student must attend
Questions is now raised: Must voucher schools abide by civil rights & disability laws?

6. Freedom of Religion Prayer in Schools Engel v. Vitale (1962)
NY suggested schools say the following prayer everyday:
“Almighty God, we acknowledge our dependence upon Thee, and we beg Thy blessings upon us, our parents, our teachers, & our country.”
Supreme Court ruled that govt. institutions ________ mandate prayer
1992: Schools _______ invite religious officials to say a prayer at graduation
2000: Students ______ use the PA system for prayer before sporting events

7. Freedom of Religion The Ten Commandments Teaching Evolution in schools
Debate about posting them in schools or govt. buildings
Teaching Evolution in schools
State laws banning evolution being taught is _______________, nor can schools issue disclaimers to “not
dissuade the biblical teaching”
Religious speech in public schools
Schools ________discriminate against religious groups when permitting certain rights/privileges to secular groups
Alabama Supreme
Court, 2003

8. Freedom of Religion Free Exercise Clause
Govt. ______ prohibit the free exercise of religion, unless religious practices contradict _______ policy & ________.

9. Freedom of Expression Prior restraint
Cannot censor an activity before it occurs
We have the right to speak freely
Symbolic speech includes ________, ________, __________, etc.
Tinker v. Des Moines
School District (1969)
Students ______ legally protest
the war by wearing black
armbands to school

10. Freedom of Expression Symbolic speech, cont.
Laws banning flag burning in peaceful protest have been declared ______________.
Laws banning cross burnings are ___________as they are used for intimidation & threatening purposes

11. Freedom of Expression Permitted Restrictions on Expression
Clear & Present _______ on peace or public order
Gitlow v. New York: 1st amendment freedoms can be restricted if the expression might lead to some “evil” (bad-tendency rule)
Cannot advocate ________________.

12. Freedom of Expression Unprotected Speech: Obscenity
Difficult to define…changes with time
Offensiveness is left to community standards
Must lack _________, __________, _________, or __________ merit
Laws banning the sale of child pornography are ________________.
Most laws to limit internet pornography have been labeled ______________.
CIPA (2000) can require public schools & libraries to install __________.

13. Freedom of Expression Unprotected Speech: Slander Campus Speech
No slander: willing defamation of _________.
Campus Speech
Can a college/university require students to pay activity fees which support causes with which they disagree?
____, if it’s promoting “dynamic discussions of [various subjects]”
Schools ______ issue rules restricting students’ verbal or physical speech displaying prejudices
In light of school shootings, some schools do ban certain items generating “ill will or hatred” & to promote equality

14. Freedom of the Press We have the right to print what we want
Defamation in Writing
No _____ with “actual malice”
Broadcasts can be regulated by the ____ (_______________________) because they grant licenses for people to use their airwaves
Movies are ___ censored, but instead regulate the industry with _______.

15. Right to Assemble & Petition
Citizens can express ideas on public issues to the govt. or other people
Cities may require ________ for public officials to _________________.
Street Gangs
_______ gather together, but may not _______ (aimless dawdling)
Do people have the right to engage in assembly online?
Should the govt. be allowed to monitor these?

16. Right to Privacy
Not used as a legitimate, defined liberty until 1965 – ___ Amendment
1965: Griswold v. Connecticut – states ______ ban contraceptives
Privacy Act of 1974: you can request copies of personal records the govt. has collected on you & can correct inaccuracies
Abortion
Roe v. Wade (1973): States ______ ban abortions
Supreme Court has since ruled that states can ban using __________, & require ___________& consent of ________.
States can also outlaw abortions in the _______ trimester

17. Right to Privacy Right to Die
1976 was one of the first cases: Court said patients may refuse ____________ & those unable to speak may have the decision made by _________________ or ___________.
People can make decisions with a _____________.
If there is no living will, the _________ is the legal guardian (Terri Schiavo’s case – 2003)
Right to commit suicide is _____ a protected liberty & will not be ruled upon by the Supreme Court
all states but _________ ban assisted suicides.
Should the right to privacy be eclipsed by national security issues? (USA ____________)

18. Rights of the Accused
_th, _th, _th, & _th Amendments deal with criminal defendants
Gideon v. Wainwright (1963): govt. must provide an ___________ if the defendant cannot afford one (6th amendment)
Miranda v. Arizona (1966): you must be informed of your rights to __________& be provided with an _________ (5th amend.)

19. Rights of the Accused Pretrial Rights Trial Rights
Prompt arraignment, legal council, & informed of charges (_th amendment)
Reasonable bail (_th amendment)
To remain silent (_th amendment)
Trial Rights
Speedy & public trial before impartial jury, & Adequate council (_th amendment)
No self-incrimination or double jeopardy (_th)
No cruel & unusual punishment (_th amendment)

20. Rights of the Accused
Exclusionary Rule: illegally obtained evidence ______ be used by prosecutors
Forces police officers to take proper procedures
What about letting guilty people go free because of an innocent error?
Good Faith Exception (1984): illegally obtained evidence may be used in court if police or officials can prove they would have obtained evidence legally anyway

21. Limits on Police Conduct
No unreasonable or unwarranted _____________
No arrest without ____________
No coerced __________
No entrapment
When questioned, suspect must be informed of ______.

22. Death Penalty Is the death penalty cruel & unusual punishment?
Initially the phrase referred to torturous prolonging of death
Furman v. Georgia (1972): imposing the death penalty was random & arbitrary, and violated the 8th & 14th Amendments
Said it’s not C & U if there was a murder or attempted murder, & left it to the ______ to make laws
Most states have est. a ______ process for deciding on the death penalty
___states currently use the death penalty & can only be decided by ______, not ______.