AM GOV 2010 AM GOV 2010

Joseph A. Losco Joseph A. Losco

Ralph E. BakerRalph E. Baker

CIVIL LIBERTIESCIVIL LIBERTIES

Chapter 4Chapter 4

As You ReadAs You Read

Why was the incorporation of the Bill of Why was the incorporation of the Bill of Rights by the Supreme Court important?Rights by the Supreme Court important?

What are the First Amendment rights?What are the First Amendment rights? What are some of the other important civil What are some of the other important civil

liberties guaranteed by the Constitution? liberties guaranteed by the Constitution?

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HERITAGE OF RIGHTS AND HERITAGE OF RIGHTS AND LIBERTIES LIBERTIES

Federalists felt a bill of rights was Federalists felt a bill of rights was unnecessary; they were also reluctant to list unnecessary; they were also reluctant to list things that the national government had no things that the national government had no power to do.power to do.

Many states approved the Constitution only on Many states approved the Constitution only on the condition that Congress add a bill of rights.the condition that Congress add a bill of rights.

Early Supreme Court decisions ruled that the Early Supreme Court decisions ruled that the Bill of Rights applied only to actions of the Bill of Rights applied only to actions of the national government.national government.

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HERITAGE OF RIGHTS AND HERITAGE OF RIGHTS AND LIBERTIES LIBERTIES

After the Civil War, the Court used a process After the Civil War, the Court used a process called selective incorporation to rule that most called selective incorporation to rule that most of the Bill of Rights applied to the states.of the Bill of Rights applied to the states.

Selective incorporation helped to usher in an Selective incorporation helped to usher in an era of greater emphasis on individual rights.era of greater emphasis on individual rights.

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FREEDOM OF RELIGION FREEDOM OF RELIGION

The Free Exercise Clause prohibits the The Free Exercise Clause prohibits the government from interfering with an individual’s government from interfering with an individual’s right to practice his or her religion.right to practice his or her religion.

The Supreme Court has upheld laws restricting The Supreme Court has upheld laws restricting religious practices that threaten the peace, order, religious practices that threaten the peace, order, and comfort of a community. and comfort of a community.

The establishment clause deals with the formal The establishment clause deals with the formal relationship between religion and government; at relationship between religion and government; at the very least, it prohibits the government from the very least, it prohibits the government from establishing a national religion.establishing a national religion.

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FREEDOM OF RELIGION FREEDOM OF RELIGION

The The LemonLemon test states that a law does not violate test states that a law does not violate the establishment clause if:the establishment clause if: It has a secular purposeIt has a secular purpose It neither advances nor inhibits religionIt neither advances nor inhibits religion It does not foster an excessive government It does not foster an excessive government

entanglement with religionentanglement with religion Interpretation of the establishment clause has been Interpretation of the establishment clause has been

at the heart of numerous issues, such as at the heart of numerous issues, such as mandatory prayer in school and federal aid to mandatory prayer in school and federal aid to religious schools.religious schools.

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FREEDOM OF SPEECH FREEDOM OF SPEECH

The Supreme Court has refused to protect speech it The Supreme Court has refused to protect speech it considers obscene, defamatory, or constituting what it considers obscene, defamatory, or constituting what it calls “hate speech.”calls “hate speech.”

The clear and present danger test prohibits only words The clear and present danger test prohibits only words that produce both an obvious and immediate danger to the that produce both an obvious and immediate danger to the community.community.

Legitimate questions exist about what constitutes political Legitimate questions exist about what constitutes political speech and about the extent to which it is protected.speech and about the extent to which it is protected.

The Supreme Court has upheld limits on political The Supreme Court has upheld limits on political contributions, but ruled that restrictions on expenditures contributions, but ruled that restrictions on expenditures violated free speech guarantees.violated free speech guarantees.

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FREEDOM OF SPEECHFREEDOM OF SPEECH

The courts traditionally have viewed commercial The courts traditionally have viewed commercial speech as being less worthy of free speech protection speech as being less worthy of free speech protection than political speech.than political speech.

Courts may consider activities that convey a political Courts may consider activities that convey a political message or viewpoint to be symbolic speech worthy message or viewpoint to be symbolic speech worthy of First Amendment protection.of First Amendment protection.

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FREEDOM OF SPEECHFREEDOM OF SPEECH

The Supreme Court uses the The Supreme Court uses the MillerMiller test for test for obscenity, which asks three questions:obscenity, which asks three questions: Does the average person believe that the material Does the average person believe that the material

appeals to a prurient interest?appeals to a prurient interest? Is the material patently offensive?Is the material patently offensive? Does the work lack serious literary, artistic, political, Does the work lack serious literary, artistic, political,

or scientific value?or scientific value? A public official in a libel or slander case must A public official in a libel or slander case must

prove that the statements in question are false and prove that the statements in question are false and that the defendants wrote or spoke the words with that the defendants wrote or spoke the words with malice.malice.

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FREEDOM OF THE PRESSFREEDOM OF THE PRESS

The Supreme Court has generally rejected the The Supreme Court has generally rejected the government’s right to prevent publication of material to government’s right to prevent publication of material to which it objects.which it objects.

The government can influence the media by prohibiting The government can influence the media by prohibiting or mandating the publication of certain information.or mandating the publication of certain information.

Traditionally, radio and television have not been as free Traditionally, radio and television have not been as free from government control as the print media.from government control as the print media.

Although the media frequently asserts a special right of Although the media frequently asserts a special right of access, the Supreme Court has placed a variety of limits access, the Supreme Court has placed a variety of limits on reporters’ ability to gather news.on reporters’ ability to gather news.

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FREEDOM OF ASSEMBLY FREEDOM OF ASSEMBLY AND ASSOCIATIONAND ASSOCIATION

Governments have the authority to impose “time, Governments have the authority to impose “time, place, and manner restrictions” on the conditions of a place, and manner restrictions” on the conditions of a political gathering.political gathering.

In In Roberts v. United States JayceesRoberts v. United States Jaycees (1984), the Court (1984), the Court found that freedom of association is not an absolute found that freedom of association is not an absolute right, nor does it pertain equally to all private right, nor does it pertain equally to all private organizations.organizations.

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RIGHT TO KEEP AND BEAR RIGHT TO KEEP AND BEAR ARMSARMS

The Second Amendment has generated significant The Second Amendment has generated significant disagreement between gun owners and those who disagreement between gun owners and those who favor limits on firearm ownership.favor limits on firearm ownership.

In In District of Columbia v. HellerDistrict of Columbia v. Heller (2008), the Supreme (2008), the Supreme Court ruled that the Second Amendment confers an Court ruled that the Second Amendment confers an individual right to citizens to keep and bear arms for individual right to citizens to keep and bear arms for protection.protection.

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RIGHTS OF THE ACCUSEDRIGHTS OF THE ACCUSED

The Fourth, Fifth, Sixth, and Eighth Amendments The Fourth, Fifth, Sixth, and Eighth Amendments are dedicated to procedural protections for the are dedicated to procedural protections for the accused.accused.

The Fourth Amendment guarantees freedom from The Fourth Amendment guarantees freedom from “unreasonable searches and seizures.”“unreasonable searches and seizures.”

The Constitution does not preclude the possibility The Constitution does not preclude the possibility of warrantless searches, but requires that such of warrantless searches, but requires that such searches be reasonable.searches be reasonable.

The exclusionary rule bars any evidence gathered The exclusionary rule bars any evidence gathered illegally from consideration at trial.illegally from consideration at trial.

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RIGHTS OF THE ACCUSEDRIGHTS OF THE ACCUSED

The Fifth Amendment protects the accused against The Fifth Amendment protects the accused against self-incrimination and places limits on police self-incrimination and places limits on police interrogation of criminal suspects.interrogation of criminal suspects.

The The MirandaMiranda rights require officials to remind rights require officials to remind criminal suspects of their Fifth Amendment rights.criminal suspects of their Fifth Amendment rights.

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RIGHTS OF THE ACCUSEDRIGHTS OF THE ACCUSED

The Sixth Amendment guarantees the accused the The Sixth Amendment guarantees the accused the right to counsel and to a trial by jury.right to counsel and to a trial by jury.

The Supreme Court has ruled that indigent The Supreme Court has ruled that indigent defendants are entitled to counsel at the defendants are entitled to counsel at the government’s expense.government’s expense.

The Eighth Amendment forbids the use of cruel The Eighth Amendment forbids the use of cruel and unusual punishment.and unusual punishment.

The Supreme Court has ruled that the death The Supreme Court has ruled that the death penalty does not violate the Eighth Amendment if penalty does not violate the Eighth Amendment if it contains adequate safeguards for the defendant.it contains adequate safeguards for the defendant.

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THE RIGHT TO PRIVACYTHE RIGHT TO PRIVACY

The Supreme Court has found an implied The Supreme Court has found an implied constitutional right to privacy and has declared constitutional right to privacy and has declared that right to be fundamental.that right to be fundamental.

In In Roe v. WadeRoe v. Wade (1973), the Court ruled that the (1973), the Court ruled that the constitutional right to privacy is broad enough to constitutional right to privacy is broad enough to include the termination of a pregnancy.include the termination of a pregnancy.

The Court has ruled that individuals have a The Court has ruled that individuals have a constitutional right to die that is derived from constitutional right to die that is derived from their constitutional right to privacy.their constitutional right to privacy.

Although the Court defends the right to die, it has Although the Court defends the right to die, it has not given its approval to assisted suicide.not given its approval to assisted suicide.

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CIVIC ENGAGEMENT AND CIVIC ENGAGEMENT AND CONSTITUTIONAL LIBERTIESCONSTITUTIONAL LIBERTIES

Interest groups have fought legal battles and Interest groups have fought legal battles and sought judicial support for their views.sought judicial support for their views.

Lawsuits are especially attractive political Lawsuits are especially attractive political instruments for individuals or small groups instruments for individuals or small groups whose limited resources reduces their whose limited resources reduces their influence in the electoral process.influence in the electoral process.

Organized groups also try to influence Organized groups also try to influence outcomes of constitutional liberties cases by outcomes of constitutional liberties cases by filing amicus curiae (friend of the court) briefs.filing amicus curiae (friend of the court) briefs.

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The Bill of RightsThe Bill of Rights

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What Are Your Constitutional What Are Your Constitutional Rights?Rights?

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First Amendment Rights vs. The First Amendment Rights vs. The Simpsons CharactersSimpsons Characters

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Which Should Have More Influence Which Should Have More Influence on U.S. Law?on U.S. Law?

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Majority Now Says Churches Should Majority Now Says Churches Should Keep Out of PoliticsKeep Out of Politics

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Should Churches Endorse One Should Churches Endorse One Candidate Over Another?Candidate Over Another?

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Who Has Gone Too Far?Who Has Gone Too Far?

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First Amendment Rights vs. SlogansFirst Amendment Rights vs. Slogans

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Lock ‘em UpLock ‘em Up

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Death Sentences and ExecutionsDeath Sentences and Executions

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The Death Penalty and Public The Death Penalty and Public OpinionOpinion

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States Without the Death PenaltyStates Without the Death Penalty

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Firearm Death Rates for 25 Firearm Death Rates for 25 Populous High-Income Countries Populous High-Income Countries

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Hot or Not?Hot or Not?

When you go to a place of When you go to a place of worship, do you want your worship, do you want your pastor, priest, rabbi, or imam pastor, priest, rabbi, or imam discussing political issues?discussing political issues?

Get InvolvedGet Involved

Using Using www.oyez.org, listen to the oral argument , listen to the oral argument in a civil liberties case decided in the modern era in a civil liberties case decided in the modern era of personal rights. Which attorney made the best of personal rights. Which attorney made the best argument before the Court? What questions were argument before the Court? What questions were asked by the Supreme Court justices during the asked by the Supreme Court justices during the presentations of the attorneys? What questions presentations of the attorneys? What questions would you have asked?would you have asked?

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Get InvolvedGet Involved

Using a service like LEXIS-NEXIS, Westlaw, or Using a service like LEXIS-NEXIS, Westlaw, or www.law.cornell.edu, examine the amicus curiae , examine the amicus curiae briefs that were submitted for different civil briefs that were submitted for different civil liberties cases. Summarize the arguments for the liberties cases. Summarize the arguments for the class and analyze why those particular groups class and analyze why those particular groups are interested in that particular issue.are interested in that particular issue.

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SummarySummary

Why was the incorporation of the Bill of Why was the incorporation of the Bill of Rights by the Supreme Court so important?Rights by the Supreme Court so important?

Originally the Bill of Rights protected citizens Originally the Bill of Rights protected citizens only from abuses by the national government. only from abuses by the national government. The incorporation doctrine, which grew out of The incorporation doctrine, which grew out of the 14th Amendment’s due process clause, is the 14th Amendment’s due process clause, is used by the Court to apply most of the Bill of used by the Court to apply most of the Bill of Rights to abuses by state and local Rights to abuses by state and local governments as well.governments as well.

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SummarySummary

What are the First Amendment rights?What are the First Amendment rights?

The First Amendment rights include freedom of The First Amendment rights include freedom of religion, freedom of speech, freedom of the religion, freedom of speech, freedom of the press, freedom of assembly, and freedom of press, freedom of assembly, and freedom of association.association.

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SummarySummary

What are some of the other important civil What are some of the other important civil liberties guaranteed by the Constitution?liberties guaranteed by the Constitution?

The Constitution also guarantees the right to The Constitution also guarantees the right to keep and bear arms, various rights of the keep and bear arms, various rights of the accused such as protection against self-accused such as protection against self-incrimination and the right to counsel, and the incrimination and the right to counsel, and the right to privacy.right to privacy.

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