1. A.P. U.S. Government & Politics
Civil Liberties
A.P. U.S. Government & Politics

2. What are Civil liberties
Rights that belong to all Americans
Protections against government action
Guaranteed by the Constitution, legislation, and judicial decisions

3. Bill of rights review 1: 2: 3: 4: 5: 6: 7: 8: 9:
10:

4. Where do we get our civil liberties?
The Original Constitution
Mentions specific rights considered to be fundamental freedoms by the founding fathers
Writ of habeas corpus- brought before the court & informed of charges against you
No bills of attainder- cannot be punished without a trial
No ex post facto laws- laws applied to acts committed before the law’s passage are unconstitutional
Trial by jury
Bill of Rights
Freedom of religion, speech, press, petition, & assembly
No unreasonable searches and seizures
Protection against self-incrimination & double jeopardy
14th Amendment
Incorporation of Bill of Rights to state & local governments
Legislative Actions
Sets limits on one person’s rights over another for the interest of society
Court Decisions
Protect rights thru the use of judicial review

5. The first amendment
Of these 5 freedoms guaranteed in the 1st Amendment, which is the most important to you, & why?

6. Freedom of religion Religion
“Congress shall pass no law respecting an establishment of a religion, or prohibiting the free exercise thereof”
– 1st Amend.
Establishment Clause-
cannot establish any religion as the national religion, favor one religion over another, or use tax money for religious purposes
Free Exercise Clause-
Guarantees the right to practice any religion, or no religion at all
Belief vs. Practice: belief- absolute, practice- limited

7. Issues regarding the freedom of religion
Aid to religious schools
School prayer
Public religious displays
Evolution
Free exercise vs. belief of religion

8. Cases to Know: Engel v. Vitale (1962) Epperson v. Arkansas (1968)
Lemon v. Kurtzman (1971)
Lynch v. Donnelly (1984)
Lee v. Weisman (1992)
Kitzmiller v. Dover (2005)
Reynold’s v. United States (1879)
Wisconsin v. Yoder (1972)
Employment Division of Oregon v. Smith (1990)
Church of the Lukumi Babalu Aye v. City of Hialeah (1993)
Religious Freedom Restoration Act of 1993
City of Boerne, Texas v. Flores

9. Freedom of Speech Types of Speech Regulating Speech
Pure Speech- verbal, given the most protection by the courts
Symbolic Speech- using actions & symbols to convey and idea
Speech Plus- verbal & symbolic used together, may be limited
Regulating Speech
Usually in the interest of national security

10. Issues regarding the freedom of Speech
Libel
Written defamation of character
Very difficult to prove
Symbolic speech
Non-verbal actions of expressions
Commercial speech
Advertising is considered speech
Clear and present danger rule
Gov can limit speech if dangerous to themselves or others
Obscenity
Speech violates “community standards”
Speech creates unnatural interest in sex
Material depicts offensive sexual context
Lacks any “serious” purpose
Slander
Spoken defamation of character

11. Cases to Know: Alien and Sedition Act (1798)
Schenck v. United States (1919)
Gitlow v. New York (1925)
Chaplinksy v. New Hampshire (1942)
Tinker v. Des Moines (1969)
Texas v. Johnson (1898)

12. Freedom of the Press Prior Restraint
Government’s efforts to prevent publication
The gov cannot prevent a story from being published
Allowed in school
Protected because it is closely related to the freedom of speech
Includes: newspapers, magazines, radio, tv, & the internet
Facebook?

13. Cases to Know: New York Times v. Sullivan (1964)
New York Times v. United States (1971)
Hazelwood School District v. Kuhlmeier (1988)

14. Freedom of Assembly & Petition
1st Amendment: “the right of the people peacefully to assemble, and to petition the government for a redress of grievances”
Applies to both public & private places
Includes: petitions, letters, picketing, demonstrations, parades, and marches
Government may set limits on these freedoms to protect the rights and safety of others
Limits usually in context of time, place, and manner
United for Care
What about gangs?

15. Cases to Know: Dejonge v. Oregon (1937) Thornhill v. Alabama (1940)
Lloyd Corporation v. Tanner (1972)
Boy Scouts of America v. Dale (2000)

16. 14th Amendment
Section 1: “…no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law…”
Selective Incorporation- the application of the Bill of Rights to individual states
Not all of the Bill of Rights have been applied to the states
The following Amendments have NOT been incorporated:
2nd, 3rd, 5th, 7th, 8th

17. Property Rights
The 5th & 14th Amendments provide for the protection of private property guaranteeing the government cannot deprive a person of “life, liberty, or property without the due process of law”
What is Due Process?
Substantive Due Process- involves the policies of government or the subject matter of the laws, determining if the law is fair or it violates constitutional protections
Procedural Due Process- the method of government action or how the law is carried out, according to the established rules and procedures

18. Right to Privacy The most controversial area of civil liberties
The Constitution does not directly mention a “right to privacy”
The Supreme Court has interpreted several rights that fall under the “right to privacy” using the 1st, 3rd, 4th, 9th, and 14th Amendments
Right to Privacy?
The USA Patriot Act

19. Cases to Know Griswold v. Connecticut (1965) Roe v. Wade (1973)
Planned Parenthood v. Casey (1992)

20. Rights of the Accused Amendments 4-8 address rights of the accused
Amendment 14 extends those rights to the states
Fourth Amendment: freedom from unreasonable search & seizure
Fifth Amendment: freedom from self-incrimination, double jeopardy, & eminent domain
Sixth Amendment: right to an attorney, to be notified of charges against him & faced by his accusers, & right to a speedy and public trial by jury
Eighth Amendment: freedom from cruel & unusual punishment

21. Issues regarding the rights of the accused
4th Amendment Exceptions:
Immediate searches can take place without warrant:
Following a legal arrest
Search if given consent
Material is in plain view
Reason to believe evidence would disappear
Right to trial by jury
Only incorporated during criminal cases
Right to counsel
Not required in civil cases
Miranda Rights
Must be notified of the right to an attorney before questioning
Right to speedy trial
100 day rule unless more time is requested by counsel
Exclusionary Rule
Evidence obtained illegally during a search may not be used in court
Objective good faith exception- allows if found in “good faith”
Death Penalty
Freedom from excessive bail
Not every criminal must be offered bail if considered dangerous or likely to flee
Not incorporated
Rights of the accused go to far
Makes it more difficult to capture, try, and imprison criminals

22. Cases to Know: Mapp v. Ohio (1961) Terry v. Ohio (1968)
United States v. Leon (1984)
Terry v. Ohio (1968)
Nix v. Williams (1984)
Miranda v. Arizona (1966)
Gideon v. Wainwright (1963)
Escobedo v. Illinois (1964)
Atkins v. Virginia (2002)