2. Civil Liberties And Public Policy 4

3. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Edwards_Ch04_Civil_LIberties_Se g1_v2.html Video: The Big Picture 4

4. Edwards Learning Objectives Trace the process by which the Bill of Rights has been applied to the states Distinguish the two types of religious rights protected by the First Amendment and determine the boundaries of those rights 4.1 4.2 4

5. Differentiate the rights of free expression protected by the First Amendment and determine the boundaries of those rights Describe the rights to assemble and associate protected by the First Amendment and their limitations 4.3 4 Edwards Learning Objectives 4.4

6. Describe the right to bear arms protected by the Second Amendment and its limitations Characterize defendants’ rights and identify issues that arise in their implementation 4.5 4 4.6 Edwards Learning Objectives

7. Outline the evolution of a right to privacy and its application to the issue of abortion Assess how civil liberties affect democratic government and how they both limit and expand the scope of government 4.7 4.8 4 Edwards Learning Objectives

8. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg2_CivilLiberties_v2.html 4 Video: The Basics

9. America’s Population  Bill of Rights – Then and Now  Bill of Rights and the States 4.1

10. Bill of Rights – Then and Now  Popular support Added to Constitution by popular demand 4.1

11. TABLE 4.1: The Bill of Rights 4.1

12. Bill of Rights – Then and Now  Popular support Rights supported more in theory than practice  Civil liberties are not absolute Limitations Balanced against other values 4.1

13. The Ten Commandments 4.1

14. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg3_CivilLiberties_v2.html 4.1 Video: In Context

15. The Bill of Rights and the States  First Amendment Applied to federal government only States had own bills of rights Barron v. Baltimore (1833)  Fourteenth Amendment Gitlow v. New York (1925) Due process clause Incorporation doctrine Not all rights incorporated 4.1

16. TABLE 4.2: The Incorporation of the Bill of Rights 4.1

17. a.Freedom of religion b.Freedom of speech c.Freedom of Assembly d.Freedom from excessive bail 4.1 4.1 Which right was the first to be incorporated?

18. a.Freedom of religion b.Freedom of speech c.Freedom of Assembly d.Freedom from excessive bail 4.1

19. Freedom of Religion  Establishment Clause  Free Exercise Clause 4.1

20. Establishment Clause  Education  Religious Activities in Public Schools  School Prayer  Evolution  Public Displays 4.2

21. Establishment Clause  Education Lemon v. Kurtzman (1971) Aid to parochial schools Lemon Test Zelman v. Simmons-Harris (2002) Vouchers are constitutional 4.2

22. Establishment Clause  Religious Activities in Public Schools Equal access for religious groups Scholarships and instruction  School Prayer Most controversial issue 4.2

23. School Prayer 4.2

24. Establishment Clause  Evolution Creationism Trying again with “intelligent design”  Public Displays Advancing religion v. legitimate historical purpose Holiday decorations 4.2

25. Free Exercise Clause  Belief versus practice Not all practices protected 4.2

26. Muhammad Ali 4.2

27. Free Exercise Clause  Belief versus practice Cannot violate rights of others Example case of the Amish Discrimination in employment  Strict scrutiny Compelling state interest Narrowly tailored 4.2

28. 4.2 Which of the following is not part of the Lemon test? a.A law must neither advance nor inhibit religion. b.A law must not foster government entanglement with religion. c.A law must not impose costs on religious organizations. d.A law must have a secular legislative purpose. 4.2

29. a.A law must neither advance nor inhibit religion. b.A law must not foster government entanglement with religion. c.A law must not impose costs on religious organizations. d.A law must have a secular legislative purpose. 4.2 4.2 Which of the following is not part of the Lemon test?

30. Freedom of Expression  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  Campaigning 4.3

31. Prior Restraint  Near v. Minnesota (1931) Unconstitutional censorship Does not apply to students Exception for national security 4.3

32. Free Speech and Public Order  Schenck v. United States (1919) Wartime trade-offs “Clear and present danger” standard Dangerous or merely inconvenient?  Anticommunism Smith Act (1940) prosecutions 4.3

33. Senator Joseph McCarthy 4.3

34. Free Speech and Public Order  “Imminent lawless violence” standard Brandenburg v. Ohio (1969) 4.3

35. Obscenity  Roth v. United States (1957) Obscenity not constitutionally protected But what is obscene?  Miller v. California (1973) Appeals to prurient interest Patently offensive Lacking serious literary or artistic value Average people/local standards  Regulating adult content 4.3

36. Violent video game 4.3

37. Libel and Slander  Defamation Libel = written Slander = spoken Standards for conviction high  Public figures New York Times v. Sullivan (1964) Intentionally malicious  Private individuals Defamatory falsehood Negligence 4.3

38. Symbolic Speech  Examples of symbolic speech Wearing an armband Burning the U.S. flag Marching in a parade  Limitations Burning draft cards Threats 4.3

39. Free Press and Fair Trials  Can press coverage compromise the right to a fair trial? Courts have not upheld restrictions Trials are public Sequestering juries  Zurcher v. Stanford Daily (1978) Journalists cannot withhold evidence Subject to search warrants 4.3

40. Commercial Speech and Regulation of the Public Airwaves  Advertising Federal Trade Commission (FTC) No false claims Prohibitions on advertising legal services  Federal Communications Commission (FCC) Licensing and regulations Not applicable to cable and satellite 4.3

41. Howard Stern 4.3

42. Campaigning  Election Campaign Act of 1971 Buckley v. Valeo (1976) Spending money to influence elections is protected speech  McCain-Feingold Act (2002) Banned soft money contributions Banned certain advertising  Citizens United v. Federal Election Commission (2010) 4.3

43. 4.3 What is the current standard for constitutionally protected speech? a.The “imminent lawless violence” standard b.The “I know it when I see it” standard c.The “clear and present danger” standard d.None of the above 4.3

44. a.The “imminent lawless violence” standard b.The “I know it when I see it” standard c.The “clear and present danger” standard d.None of the above 4.3 4.3 What is the current standard for constitutionally protected speech?

45. Explore the Simulation: You Are a Police Officer http://media.pearsoncmg.com/long/long_longman_media _1/2013_mpsl_sim/simulation.html?simulaURL=5 4.3

46. Freedom of Assembly  Right to Assemble  Right to Associate 4.4

47. Right to Assemble  Gathering to make a statement Conflict with public order Time, place, manner restrictions No viewpoint discrimination  Fine line with harassment Abortion providers 4.4

48. Ku Klux Klan 4.4

49. Right to Associate  NAACP v. Alabama (1958) Membership lists protected  Military recruiters Public schools cannot prohibit them 4.4

50. 4.4 What sort of restrictions can be placed on freedom of assembly? 4.4 a.Time b.Place c.Manner d.All of the above

51. a.Time b.Place c.Manner d.All of the above 4.4 4.4 What sort of restrictions can be placed on freedom of assembly?

52. Right to Bear Arms  Controversial right  Subject to national, state, and local restrictions  National Rifle Association (NRA)  State militias or individuals?  District of Columbia v. Heller (2008)  McDonald v. Chicago (2010) 4.5

53. Gun show 4.5

54. 4.5 When was the Second Amendment incorporated? a.2010 b.1791 c.1868 d.2008 4.5

55. a.2010 b.1791 c.1868 d.2008 4.5 4.5 When was the Second Amendment incorporated?

56. Defendants’ Rights  Searches and Seizures  Self-Incrimination  Right to Counsel  Trials  Cruel and Unusual Punishment 4.6

57. FIGURE 4.1: The constitution and the Stages of the Criminal Justice System 4.6

58. Searches and Seizures  Fourth Amendment Probable cause Search warrants Various cases, lots of exceptions  Exclusionary rule Mapp v. Ohio (1961)  War on terrorism USA Patriot Act (2001) 4.6

59. Self-Incrimination  Fifth Amendment Burden of proof on prosecution  Miranda v. Arizona (1966) Right to remain silent Knowledge that what you say can be used against you Right to an attorney present during questioning Right to have an attorney provided if you cannot afford one 4.6

60. Criminal rights

61. Right to Counsel and Trials  Sixth Amendment right to attorney Gideon v. Wainwright (1963) State must provide attorney for indigent  Habeas corpus Not held without charge  Speedy and public trial by impartial jury  War on terrorism 4.6

62. Guantánamo Bay prisoners 4.6

63. Right to Counsel and Trials  Plea bargaining  Jury size of 12 traditional Conviction must be unanimous 4.6

64. Cruel and Unusual Punishment  Eighth Amendment Not defined Incorporated in 1962 Prison overcrowding Gregg v. Georgia (1976) Death penalty not cruel and unusual McCleskey v. Kemp (1987) 4.6

65. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg5_CivilLiberties_v2.html 4.6 Video: In the Real World

66. FIGURE 4.2: Decline of executions 4.6

67. a.Fourth b.Sixth c.Fifth d.Eighth 4.6 4.6 What amendment protects against self-incrimination?

68. 4.6 4.6 What amendment protects against self-incrimination? a.Fourth b.Sixth c.Fifth d.Eighth

69. Explore Civil Liberties: Shouldthe Government Apply the Death Penalty? http://media.pearsoncmg.com/long/long_edwards_mpslgi a_16/pex/pex4.html 4.6

70. Right to Privacy  Is There a Right to Privacy  Controversy over Abortion 4.7

71. Is There a Right to Privacy?  How privacy is implied in Constitution Religion: Right to exercise private beliefs Search and seizure: Right to privacy in your home Right to be left alone  Griswold v. Connecticut (1965) Court states right to privacy implied 4.7

72. Controversy over Abortion  Roe v. Wade (1973) Prohibits state bans on abortion Balancing test State interest in protecting women’s health State interest in protecting prenatal life  Planned Parenthood v. Casey (1992) From “strict scrutiny” to “undue burden” 4.7

73. Anti-abortion protests

74. 4.7 FIGURE 4.3: The Abortion Debate

75. 4.7 What famous Supreme Court case prevented states from outlawing abortion? 4.7 a.Planned Parenthood v. Casey b.Roe v. Wade c.Griswold v. Connecticut d.None of the above

76. a.Planned Parenthood v. Casey b.Roe v. Wade c.Griswold v. Connecticut d.None of the above 4.7 4.7 What famous Supreme Court case prevented states from outlawing abortion?

77. Understanding Civil Liberties  Civil Liberties and Democracy  Civil Liberties and the Scope of Government 4.8

78. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MED IA_1/polisci/presidency/Seg4_CivilLiberties_v2.html Video: Thinking Like a Political Scientist 4.8

79. Civil Liberties and Democracy  Democracy depends upon freedom of expression Need information to make decisions Majority rule versus minority rights Elites have protected minorities 4.8

80. Civil Liberties and the Scope of Government  Liberty and individualism prevail  Can’t hide from vast government Technology enables more intrusion Irony that more government is needed to provide more protection 4.8

81. 4.8 How does the Constitution limit democratic rule? a.By preventing a minority from passing unpopular laws b.By preventing the majority from restricting minority rights c.By preventing a minority from overruling the majority d.All of the above 4.8

82. a.By preventing a minority from passing unpopular laws b.By preventing the majority from restricting minority rights c.By preventing a minority from overruling the majority d.All of the above 4.8 4.8 How does the Constitution limit democratic rule?

83. What rights do accused persons enjoy? Where are protections for these rights found in the Constitution? Discussion Question 4

84. http://media.pearsoncmg.com/ph/hss/SSA_SHARED_MEDIA _1/polisci/presidency/Edwards_Ch04_Civil_LIberties_Seg6_v 2.html 4 Video: So What?

85. 4 Further Review: On My PolisciLab  Listen to the Chapter  Study and Review the Flashcards  Study and Review the Practice Tests