1. Chapter 4 Civil Liberties

2. Civil liberties are individual legal and constitutional protections against government. Civil liberties are individual legal and constitutional protections against government. Formally listed in the Bill of Rights Formally listed in the Bill of Rights Courts, police, and legislatures define their meaning Courts, police, and legislatures define their meaning Bill of Rights is the first 10 amendments to the constitution which define basic civil liberties. Bill of Rights is the first 10 amendments to the constitution which define basic civil liberties. Added as a compromise to please the anti-federalists Added as a compromise to please the anti-federalists

3. The Bill of Rights Americans were comfortable with state governments b/c every state constitution had its own Bill of Rights. Americans were comfortable with state governments b/c every state constitution had its own Bill of Rights. Barron v. Baltimore Barron v. Baltimore National govt may not violate Bill of Rights but states don’t have this restriction National govt may not violate Bill of Rights but states don’t have this restriction Gitlow v. New York Gitlow v. New York States must respect some 1 st amendment rights b/c of 14 th amendment States must respect some 1 st amendment rights b/c of 14 th amendment

4. Bill of Rights 14 th amendment 14 th amendment Equal protection of the laws to U.S. citizens Equal protection of the laws to U.S. citizens Gitlow decision begins the incorporation doctrine. Gitlow decision begins the incorporation doctrine. Legal concept under which supreme court nationalized B.o.R. by making most provisions applicable through the 14 th amendment Legal concept under which supreme court nationalized B.o.R. by making most provisions applicable through the 14 th amendment

5. Freedom of Religion 1 st amendment contains 2 elements regarding religion and government. 1 st amendment contains 2 elements regarding religion and government. Establishment Clause – govt will make no law respecting an establishment of religion Establishment Clause – govt will make no law respecting an establishment of religion Free Exercise Clause – govt cannot prohibit a citizens freedom to worship or not worship as they please Free Exercise Clause – govt cannot prohibit a citizens freedom to worship or not worship as they please

6. Establishment Clause Govt cannot make a religion Govt cannot make a religion A lot of debate from aid to church-related schools A lot of debate from aid to church-related schools Lemon v. Kurtzman Lemon v. Kurtzman Aid to church related schools must Aid to church related schools must Have a secular legislative purpose Have a secular legislative purpose Have a primary effect the neither advances nor inhibits religion Have a primary effect the neither advances nor inhibits religion Not foster an excessive govt. entanglement with religion Not foster an excessive govt. entanglement with religion

7. Establishment Clause Engel v. Vitale Engel v. Vitale State officials violated 1 st amendment when they wrote a prayer to be recited in New York State officials violated 1 st amendment when they wrote a prayer to be recited in New York No school prayer No school prayer School District of Penn v Schempp School District of Penn v Schempp Laws requiring bible reading in school violates the 1 st amendment Laws requiring bible reading in school violates the 1 st amendment

8. Free Exercise Clause Allowed to practice whatever religion you have Allowed to practice whatever religion you have Oregon v Smith Oregon v Smith State laws interfering with religious practice but not aimed at religion are constitutional State laws interfering with religious practice but not aimed at religion are constitutional Religious freedom is not an excuse for any and all behavior Religious freedom is not an excuse for any and all behavior

9. Freedom of Expression Prior restraint, aka censorship, is the govt preventing material from being printed Prior restraint, aka censorship, is the govt preventing material from being printed Near v Minnesota Near v Minnesota 1 st amendment protects newspapers from prior restraint 1 st amendment protects newspapers from prior restraint Thus we have freedom of Press Thus we have freedom of Press

10. Freedom of Expression Can we say anything we want at any time? Can we say anything we want at any time? Schenck v United States Schenck v United States Govt can limit speech if the speech provokes a “clear and present” danger of substantive evil Govt can limit speech if the speech provokes a “clear and present” danger of substantive evil Only when such danger exists can govt restrain speech Only when such danger exists can govt restrain speech Yates v U.S. and Brandenburg v. Ohio Yates v U.S. and Brandenburg v. Ohio Its ok to advocate the violent overthrow of the US govt in the abstract, but not to actually incite anyone to imminent lawlessness Its ok to advocate the violent overthrow of the US govt in the abstract, but not to actually incite anyone to imminent lawlessness

11. Freedom of Expression Zurcher v Stanford Daily Zurcher v Stanford Daily A proper search warrant may be used on a newspaper or anyone else without violating 1 st amendments A proper search warrant may be used on a newspaper or anyone else without violating 1 st amendments Roth v. United States Roth v. United States Obscenity is not protected by the constitution as freedom of speech or press Obscenity is not protected by the constitution as freedom of speech or press What is obscene? What is obscene?

12. Freedom of Expression Miller v. California Miller v. California Established guidelines for classifying obscenity Established guidelines for classifying obscenity The work, taken as a whole appealed to a prurient interest in sex The work, taken as a whole appealed to a prurient interest in sex The work showed patently offensive sexual conduct that was specifically defined by an obscenity law The work showed patently offensive sexual conduct that was specifically defined by an obscenity law The work taken as a whole lacked serious literary, artistic, political, or scientific value The work taken as a whole lacked serious literary, artistic, political, or scientific value

13. Freedom of Expression Libel and slander are not protected by the 1 st amendment Libel and slander are not protected by the 1 st amendment Libel is the publication of false or malicious statements that damage one’s reputation Libel is the publication of false or malicious statements that damage one’s reputation Slander is spoken defamation of character whereas libel is written Slander is spoken defamation of character whereas libel is written New York Times v Sullivan New York Times v Sullivan Established guidelines for damages to public officials for libel Established guidelines for damages to public officials for libel Defamatory statements must be made with actual malice and reckless disregard for the truth Defamatory statements must be made with actual malice and reckless disregard for the truth

14. Freedom of Expression Symbolic speech is any nonverbal communication, and is protected by the 1 st amendment Symbolic speech is any nonverbal communication, and is protected by the 1 st amendment Wearing an armband, burning the flag, marching in a parade Wearing an armband, burning the flag, marching in a parade Texas v Johnson Texas v Johnson Burning the flag is legal as symbolic speech Burning the flag is legal as symbolic speech

15. Freedom of Expression Commercial Speech is the most restricted form of speech Commercial Speech is the most restricted form of speech Communication in the form of advertising, Communication in the form of advertising, Red Lion Broadcasting Co. v FCC Red Lion Broadcasting Co. v FCC Upheld restrictions on radio and television broadcasting Upheld restrictions on radio and television broadcasting U.S v Playboy Entertainment Group U.S v Playboy Entertainment Group

16. Freedom of Assembly Right to gather and protest Right to gather and protest NAACP v Alabama NAACP v Alabama Protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its membership to harassment Protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its membership to harassment

17. Defendants’ Rights Probable Cause Probable Cause Reasonable grounds to believe that someone is guilty of a crime Reasonable grounds to believe that someone is guilty of a crime Unreasonable Search and Seizure Unreasonable Search and Seizure Prevent police abuse of power Prevent police abuse of power May not obtain evidence in a haphazard or random way, must have a search warrant May not obtain evidence in a haphazard or random way, must have a search warrant Written authorization from a court specifying the area to be searched and what the police are searching for Written authorization from a court specifying the area to be searched and what the police are searching for

18. Defendants’ Rights Exclusionary Rule Exclusionary Rule Evidence, no matter how incriminating, cannot be used in court if not constitutionally obtained Evidence, no matter how incriminating, cannot be used in court if not constitutionally obtained Prohibits use of evidence obtained through unreasonable search and seizures Prohibits use of evidence obtained through unreasonable search and seizures Mapp v Ohio Mapp v Ohio Protection against unreasonable search and seizures must be extended to the states as well as the national govt. Protection against unreasonable search and seizures must be extended to the states as well as the national govt.

19. Defendants’ Rights 5 th amendment forbids self-incrimination 5 th amendment forbids self-incrimination Miranda v. Arizona Miranda v. Arizona Established guidelines for police questioning. Suspects must be told Established guidelines for police questioning. Suspects must be told They have constitutional right to remain silent and stop answering questions at any time They have constitutional right to remain silent and stop answering questions at any time What they say can be used against them in court What they say can be used against them in court They have the right to an attorney They have the right to an attorney

20. Defendants’ Rights 6 th amendment provides the right to counsel 6 th amendment provides the right to counsel Gideon v. Wainwright Gideon v. Wainwright Anyone accused of a felony crime where jail may be imposed has the right to an attorney Anyone accused of a felony crime where jail may be imposed has the right to an attorney 90% of cases begin and end with a guilty plea 90% of cases begin and end with a guilty plea Plea Bargaining – actual bargain between lawyers in which defendant pleads guilty to a lesser (or fewer) crimes in exchange for reduce sentence Plea Bargaining – actual bargain between lawyers in which defendant pleads guilty to a lesser (or fewer) crimes in exchange for reduce sentence

21. Defendants’ Rights 8 th amendment forbids cruel and unusual punishment 8 th amendment forbids cruel and unusual punishment This is not defined and death penalty has been ruled as legal This is not defined and death penalty has been ruled as legal Furman v. Georgia – 1 st time courts address death penalty as cruel and unusual punishment. Death penalty is not cruel and unusual but its imposition was freakish and random in the case so it was overturned Furman v. Georgia – 1 st time courts address death penalty as cruel and unusual punishment. Death penalty is not cruel and unusual but its imposition was freakish and random in the case so it was overturned

22. Defendants’ Rights Gregg v. Georgia – upheld the constitutionality of the death penalty as an extreme sanction of the most extreme crimes Gregg v. Georgia – upheld the constitutionality of the death penalty as an extreme sanction of the most extreme crimes McClesky v. Kemp- upheld the constitutionality of the death penalty on charges that it violated the 14 th amendment b/c minority defendants were more likely to receive the death penalty than whites. McClesky v. Kemp- upheld the constitutionality of the death penalty on charges that it violated the 14 th amendment b/c minority defendants were more likely to receive the death penalty than whites.

23. Right to Privacy The right to a private and personal life free from the intrusion of the government The right to a private and personal life free from the intrusion of the government Griswold v. Connecticut – various portions of the constitution cast penumbras (unstated liberties implied by the explicitly stated rights) protecting a right to privacy Griswold v. Connecticut – various portions of the constitution cast penumbras (unstated liberties implied by the explicitly stated rights) protecting a right to privacy A right to family planning was included in the Griswold ruling A right to family planning was included in the Griswold ruling Is abortion legal? Is abortion legal?

24. Right to Privacy Roe v. Wade Roe v. Wade A state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester. A state ban on all abortions was unconstitutional. The decision forbade state control over abortions during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester.

25. Right to Privacy Planned Parenthood v. Casey Planned Parenthood v. Casey Loosened the standard for evaluation restrictions on abortion from one of “strict scrutiny” to one of undue burden that permits more regulation Loosened the standard for evaluation restrictions on abortion from one of “strict scrutiny” to one of undue burden that permits more regulation 24 hour waiting period 24 hour waiting period Parental or judicial consent for minors Parental or judicial consent for minors Dr.’s must present info on risks Dr.’s must present info on risks No req. for women to tell husband No req. for women to tell husband

26. Right to Privacy Cruzan v. Director, Missouri Dept. Of Health Cruzan v. Director, Missouri Dept. Of Health Recognized a limited constitutional right for patients to refuse unwanted medical treatment, a form of suicide Recognized a limited constitutional right for patients to refuse unwanted medical treatment, a form of suicide