1. Copyright © 2011 Pearson Education, Inc. Publishing as Longman

2. Chapter 4: Civil Liberties and Public Policy The Bill of Rights Freedom of Religion Freedom of Expression Freedom of Assembly Right to Bear Arms Defendants’ Rights The Right to Privacy Understanding Civil Liberties Summary

3. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Bill of Rights The Bill of Rights—Then and Now Civil Liberties – The legal constitutional protections against the government. The Bill of Rights – The first 10 amendments, which protect basic liberties, such as religion and speech. To Learning Objectives LO 4.1

4. To Learning Objectives LO 4.1 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

5. The Bill of Rights The Bill of Rights and the States Barron v. Baltimore (1833) – The Bill of Rights restricts only the national government. Gitlow v. New York (1925) – 1 st Amendment protection of speech first incorporated to states. Most now incorporated using the 14 th Amendment and restrict state and local governments. To Learning Objectives LO 4.1

6. Freedom of Religion LO 4.2: Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights. The Establishment Clause The Free Exercise Clause To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

7. Freedom of Religion The Establishment Clause No laws shall be made respecting the establishment of religion. Lemon v. Kurtzman (1971) – Aid to church related schools must (1) have a secular legislative purpose, (2) neither advance nor inhibit religion, and (3) not foster an excessive government entanglement with religion. To Learning Objectives LO 4.2

8. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Religion The Establishment Clause (cont.) Zelman v. Simmons-Harris (2002) ruling that school vouchers are constitutional. Engel v. Vitale (1962) ruling that prayer in public schools violates Establishment Clause. To Learning Objectives LO 4.2

9. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Religion The Free Exercise Clause Prohibits government from interfering with the practice of religion. Some religious practices may conflict with other rights, and then be denied or punished. Employment Division v. Smith (1988) upheld prosecution of persons using the drug peyote as part of their religious rituals. To Learning Objectives LO 4.2

10. To Learning Objectives LO 4.2 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

11. Freedom of Expression LO 4.3: Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights. Prior Restraint Free Speech and Public Order Obscenity Libel and Slander Symbolic Speech Free Press and Fair Trials Commercial Speech Regulation of the Public Airwaves To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

12. Freedom of Expression Prior Restraint Prior restraint – A government preventing material from being published. Near v. Minnesota (1931) ruling that the 1 st Amendment protects newspapers from prior restraint. May be permissible during wartime. One may be punished after something is published. To Learning Objectives LO 4.3

13. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Free Speech and Public Order Schenck v. US (1919) – Speech is limited if it presents a “clear and present danger.” Brandenburg v. Ohio (1969) – It is permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action. To Learning Objectives LO 4.3

14. To Learning Objectives LO 4.3 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

15. Freedom of Expression Obscenity Roth v. United States (1957) ruling that obscenity is not constitutionally protected. Miller v. California (1973) – A community’s standards can be used to determine obscenity in terms of appealing to a “prurient interest” and being “patently offensive” and lacking in value. To Learning Objectives LO 4.3

16. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Libel and Slander Libel (printed) and slander (spoken) are false statements that damage one’s reputation. New York Times v. Sullivan (1964) ruling that statements about public figures are libelous only if made with reckless disregard for truth. To Learning Objectives LO 4.3

17. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Symbolic Speech Nonverbal communication, such as burning a flag or wearing an armband. Texas v. Johnson (1989) – The burning of the American flag was symbolic speech protected by the First Amendment. To Learning Objectives LO 4.3

18. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Free Press and Fair Trials Branzburg v. Hayes (1972) – If no shield laws, the right of a fair trial preempts reporter’s right to protect sources. Zurcher v. Stanford Daily (1978) ruling that a proper search warrant could be applied to a newspaper without necessarily violating the 1 st Amendment rights to freedom of the press. To Learning Objectives LO 4.3

19. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Commercial Speech Communication in the form of advertising. The Federal Trade Commission (FTC) decides what kinds of goods may be advertised on radio and television and regulates the content of such advertising. To Learning Objectives LO 4.3

20. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Freedom of Expression Regulation of the Public Airwaves Broadcast stations must follow Federal Communication Commission rules and regulations. United States v. Playboy Entertainment Group (2000) – The regulation must be narrowly tailored to promote a compelling governmental interest. To Learning Objectives LO 4.3

21. To Learning Objectives LO 4.3 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

22. Freedom of Assembly LO 4.4: Describe the rights to assemble and associate protected by the First Amendment and their limitations. Right to Assemble Right to Associate To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

23. Freedom of Assembly Right to Assemble Within reasonable limits, called time, place, and manner restrictions, freedom of assembly includes the rights to parade, picket, and protest. Usually, a group must apply to the local city government for a permit and post a bond of a few hundred dollars. To Learning Objectives LO 4.4

24. To Learning Objectives LO 4.4 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

25. Freedom of Assembly Right to Associate Freedom to join groups or associations without government interference. NAACP v. Alabama (1958) ruling that the NAACP did not have to reveal its membership list and thus subject its members to harassment. To Learning Objectives LO 4.4

26. Right to Bear Arms LO 4.5: Describe the right to bear arms protected by the Second Amendment and its limitations. Restrictions On Owning And Carrying Handguns Laws have mandated background checks for gun buyers and limited the sale of certain types of weapons altogether. Laws have required that guns be stored in a fashion to prevent their theft or children from accessing and firing them. To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

27. Right to Bear Arms District of Columbia v. Heller (2008) Right to possess a firearm for self-defense within the home. Requiring a firearm in a home to be disassembled or bound by trigger lock is unconstitutional. McDonald v. Chicago (2010) Extended 2 nd Amendment’s limits on restricting right to bear arms to state and local laws. To Learning Objectives LO 4.5

28. Defendants’ Rights LO 4.6: Characterize defendants’ rights and identify issues that arise in their implementation. Interpreting Defendants’ Rights Searches and Seizures Self-Incrimination The Right to Counsel Trials Cruel and Unusual Punishment To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

29. To Learning Objectives LO 4.6 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

30. Defendants’ Rights Interpreting Defendants’ Rights Criminal justice personnel are limited by the Bill of Rights and failure to follow constitutional protections may invalidate a conviction. Courts continually rule on what is constitutional and what is not. To Learning Objectives LO 4.6

31. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Searches and Seizures Probable Cause – When the police have reason to believe that a person should be arrested. Unreasonable searches and seizures – Evidence is obtained in a haphazard or random manner, prohibited by 4 th Amendment. Exclusionary rule – Evidence obtained unconstitutionally can not be introduced into a trial. To Learning Objectives LO 4.6

32. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Searches and Seizures (cont.) Mapp v. Ohio (1961) – Protection of 4 th Amendment against unreasonable searches and seizures extended to the states. The War on Terrorism – Patriot Act (2001) allows wiretapping, surveillance, and investigation and the Foreign Intelligence Surveillance Act (2008) allows warrants to eavesdrop on groups. To Learning Objectives LO 4.6

33. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Self-Incrimination When an individual accused of a crime is compelled to be a witness against himself or herself in court. Miranda v. Arizona (1966) ruling that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel. To Learning Objectives LO 4.6

34. To Learning Objectives LO 4.6 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

35. Defendants’ Rights The Right to Counsel Sixth Amendment – The right to counsel, the right to confront witnesses, and the right to a speedy and public trial. Gideon v. Wainwright (1963) – A person accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. To Learning Objectives LO 4.6

36. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Trials Plea bargaining – A bargain between the prosecution and defense for a defendant to plead guilty to a lesser crime; 90 percent of cases end here and do not go to trial Juries generally consist of 12 people, but unanimity is not always needed to convict. To Learning Objectives LO 4.6

37. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Defendants’ Rights Trials (cont.) The War on Terrorism – Hamdi v. Rumsfeld (2004) provided detainees the right to challenge their detention before a judge and Boumediene v. Bush (2008) provided foreign terrorism suspects the rights to challenge their detention in U.S. courts. To Learning Objectives LO 4.6

38. To Learning Objectives LO 4.6 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

39. Defendants Rights Cruel and Unusual Punishment The Eighth Amendment forbids cruel and unusual punishment. Gregg v. Georgia (1976) – The death penalty is not cruel and unusual, but it is “an extreme sanction suitable to the most extreme crimes.” The death penalty’s use and application varies by state. To Learning Objectives LO 4.6

40. To Learning Objectives LO 4.6 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

41. The Right to Privacy LO 4.7: Outline the evolution of a right to privacy and its application to the issue of abortion. Is There a Right to Privacy? Controversy over Abortion To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

42. The Right to Privacy Is There a Right to Privacy? The right to a private personal live free from the intrusion of government. Griswold v. CT (1965) – Right to privacy is not explicitly stated in the Constitution, but implied by the 4 th and 9 th Amendments. To Learning Objectives LO 4.7

43. Copyright © 2011 Pearson Education, Inc. Publishing as Longman The Right to Privacy Controversy over Abortion Roe v. Wade (1973) – Ruling that a state ban on all abortions was unconstitutional. Planned Parenthood v. Casey (1992) – Ruling that permits considerably more regulation on abortions. To Learning Objectives LO 4.7

44. To Learning Objectives LO 4.7 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

45. To Learning Objectives LO 4.7 Copyright © 2011 Pearson Education, Inc. Publishing as Longman

46. Understanding Civil Liberties LO 4.8: Assess how civil liberties affect democratic government and how they both limit and expand the scope of government. Civil Liberties and Democracy Civil Liberties and the Scope of Government To Learning Objectives Copyright © 2011 Pearson Education, Inc. Publishing as Longman

47. Understanding Civil Liberties Civil Liberties and Democracy Rights ensured in the Bill of Rights are essential to democracy. Courts typically protect civil liberties from excesses of majority rule. To Learning Objectives LO 4.8

48. Copyright © 2011 Pearson Education, Inc. Publishing as Longman Understanding Civil Liberties Civil Liberties and the Scope of Government In deciding between liberty and order, the United States generally chooses liberty. Civil liberties limit the scope of government even though government efforts are needed to protect rights. To Learning Objectives LO 4.8