CIVIL LIBERTIES

CHAPTER 5

CIVIL LIBERTIES SPECIFY WHAT THE GOVERNMENT CAN NOT DO TO YOU.

THESE ARE YOUR THESE ARE LISTED IN THE

BILL OF RIGHTS

The Founders believed that these were .

However, the state ratifying conventions would not have the Constitution.

Rights in Conflict

Both the Constitution and the B of Rights contain a list of competing rights and duties.

EXAMPLES:Right to a fair trial vs. right to broadcastFreedom of speech vs. preservation of public

order

1st Amendment

Freedom of:ExpressionSpeech_PetitionAssemblyPress

CLEAR AND PRESENT DANGER TEST

Schenck vs. United States (1919)Justice Oliver Wendell Holmes - equivalent to screaming fire in a crowded theatre.

Barron v (1833)Gitlow v. New York (1925)

INCOPRPORATION

INCORPORATION

Also known as selective incorporationSupreme Court used the “due process clause”

of the 14th amendment to the Bill of Rights to state cases.

This was done on a basis.Gitlow applied the 1st amend (free speech

and freedom of the press)Applied federal law to state cases.

Other Free Speech Cases

Brandenburg v Ohio (1969)- speech is okay unless it’s likely to incite “ ” unlawful action.

Nazis in Skokie, Illinois- any group has the right to speak and parade peacefully.

Some kinds of speech are not fully protectedLibel: statement defaming another

by false statementSlander: Defamatory argumentPublic figures must prove malice to get

punitive damages

What is speech?

OBSCENITY

No enduring and comprehensive definitionFrom 1957-1968 - 58 differing opinions on

from the Supreme Court.Localities decide what is Protection is extended to almost all forms of

communication; (i.e. nude dancing is somewhat protected)

SYMBOLIC SPEECH

Cannot claim protection for an illegal act on the grounds that it conveys a political message (burning a draft card).

Flag burning is . (Texas v Johnson (1995).

CHURCH AND STATE

Free exercise clause- no state interference, law may not pose special burdens on religion.

Conflict b/w religion and public policy1) objection to military service2) refusal to work on Saturdays3) refuse to send children to public schools

beyond 8th grade.

ESTABLISHMENT CLAUSE

There is an “ ” wall of separation between church and state- Jefferson

Lemon Test: gov’t involvement in religious activities if it meets the following:

1) purpose2) primary effect neither nor

inhibits religion3) no excessive gov’t entanglement in

religion.

SUPREME COURT DECISIONS

Crime and Due Process

The Exclusionary RuleEvidence gathered in violation of the

Constitution is in trialImplements the 4th amendment (no illegal

searches and seizures) and 5th (no self-incrimination).

Mapp v Ohio (1961) Incorporated the 4th amendment.

5th and 6th Amendments

Miranda v Arizona- incorporated the 5th amendment (notify criminals of their rights during arrest)

Gideon v Wainwright- incorporated the amendment (right to counsel to all

defendants)

Legal Searches

After arrest the police can search:1) you 2) things in 3) Things or places under your immediate

.Search warrants are usually required for

searches of property, but rules have become more relaxed in recent years.

Terrorism & Civil Liberties

US Patriot Act to combat terrorismPROVISIONS1) government may tap any telephone,

internet, & voicemails used by a suspect, after getting court order

2) any non-citizen can be held as a security risk for days, sometimes longer

3) government can track $ across US borders and among borders.

4) statute of limitation on terrorist crimes eliminated, penalties increased.

EXECUTIVE ORDER for TERRORISTS

He proclaimed a national emergency1) noncitizen terrorist, or those who harbor

terrorists will be tried in military court2) Tried before a commission of military

officers.3) 2/3 vote to find guilty.4) Appeal only to sec of defense or prez.

That’s All Folks!!!