Unit 9

Civil Liberties

Original Constitutional Rights

• Writ of Habeas Corpus: Show the body. Requires the defendant to be brought to court and told what he is being charged with.

• Bill of Attainder: Putting a person or groups of people into prison without a trial. (Japanese internment)

• Ex Post Facto: After the fact laws are illegal. Cannot punish people for actions that were not illegal at the time the actor committed the act.

• Jury Trial: Must be in state where crime was committed• Article IV section 2 Privileges and Immunities: Treat in state

and out of state citizens equally. Exceptions for in-state tuition, running for office and taxation for businesses

Selective Incorporation

• Applying Bill of Rights to the states through the 14th Amendment

• 14th Amendment has the equal protection clause

14th Amendment Cases

• Slaughterhouse Case?– Louisiana gave a monopoly to one slaughterhouse. Supreme

Court ruled that the equal protection clause does not apply to laws made by own legislature

• Why did it limit the rights of Women and Minorities?– State legislature started to make discriminatory laws against

women and minorities.• Gitlow v. New York?

– Incorporates the First Amendment Freedom of Speech to the states.

Due Process Clause• Due Process Clause?

– Gives protections to the people against infringements of life, liberty and property.

• Procedural due process– Dictates how the government can take away life, liberty and property

• Substantive due process– Fairness and allows citizens to do certain things

First Amendment Freedom of Religion

• Establishment Clause• Free Exercise Clause

Establishment Clause• Government cannot establish a religion• Engel v. Vitale

– Illegal to have state sponsored prayer in public schools. • Abington School District v. Schempp

– Mandated bible reading was illegal• Prayer in Congress and “In God We Trust”

– Widely held religious beliefs

• Nativity Scenes must have secular objects• Lemon v. Kurtzman

– Laws must neither aid nor inhibit religion.•

Free Exercise Clause• Must be able to practice your religion freely• What are the restrictions?• 1. Health • 2. Safety • 3. Morals• Reynolds v. U.S.

– Polygamy can be ruled illegal due to moral reasons• .U.S. v. Ballard

– The government cannot assess the validity of someone’s beliefs• West v. State BOE v. Barnette

– Overturned Gobitis case and ruled in favor of Jehovah witnesses • Employment Division v. Smith

– Ruled against Native Americans– Federal government has right to enforce drug laws

• Wisconsin v. Yoder– Amish case

Freedom of Speech• Pure Speech: Direct form of oral or written communication• Examples• Face to face, written publication, broadcast • Speech Plus, also known as speech plus action (Time Place Manner

Restrictions)– Direct communication and expression

• Examples: Pamphlets, picketing or protests

• Symbolic Speech: Using non verbal speech (wearing armband)• Example• Burning the flag

Cases• Schenck v. U.S.• Clear and Present Danger • Gitlow v. New York

– Dangerous tendency Incorporation Doctrine

• Texas v. Johnson• Flag burning is protected• Tinker v. Des Moines

– Wearing a black armband is ok

• Symbolic Speech Limitations– Military bases, schools and prisons

• Roth v. U.S. Obscenity– Obscenity is not protected speech

• Miller v. California– Test for determining obscenity. Obscenity is a community standard

Cases and Speech Cont.• Slander: Spoken defamation • Libel: Written defamation• • U.S. v. Sullivan

– Public figures have a higher standard to win a defamation suit. Must prove that the defendant acted with malice or reckless disregard for the truth.

• • Commercial Speech Limitations• The government can prohibit false or deceptive advertising and can ban certain kind of advertising.• • Greater New Orleans Broadcasting Association

– Ban on advertising gambling was overturned.

• What government agency controls commercial speech?• FCC• • Difference between Chaplisky versus the Cohen case

– Fighting words directed at groups or individuals that tend to incite an immediate breech of peace. • How has the court ruled regarding the right to peacefully assemble?

– Can have limits on time, place and manner•

Freedom of Press

• Peter Zenger Case (Explain)– Allowed freedom to criticize government officials

• What types of media are covered by Freedom of Press?– Written, radio, TV, internet

Press Restrictions, Cases and Rules• Prior Restraint: Censorship • Near v. Minnesota

– Prior restraint is illegal• NY Times v. U.S.

– Upheld limits on prior restraint• • NY Times v. Sullivan

– Defamation of public figures. Must show malice or reckless disregard for the truth• • Branzburg and shield laws

– Without shield law, reporters can be forced to give their sources•

Red Lion case– Airways used by radio and TV are public and can be regulated by the FCC

• Playboy case– For cable TV, the government cannot block programming unless it is least restrictive means.

• •

Searches and Seizures• Writs of Assistance

– General warrants that would allow customs officers to freely search for contraband.

• 4th Amendment

– Protects citizens against unreasonable searches and seizures

• Probable Cause

– Reasonable suspicion that person is involved in illegal activity

• Warrant– Legal document signed by a judge authorizing activities to conduct a

lawful search or seizure

4th Amendment Cases• Katz

– Needed a warrant for wiretapping, even if it was a public phone. 4th Amendment protects people not places

• Zone of Privacy

– Home, office, person and immediate public area • Plain View

– Any evidence in plain view can be used against a defendant in court.• • Terry v. Ohio

– Terry stop. Reasonable belief that crime is being committed, police can stop and frisk suspects.• • New Jersey v. TLO

– School searches do not require probable cause, but must show “reasonableness.” Outside authorities must still have a warrant to enter school and search a student.

• • California v. Avecedo

– Can search car as long as cops have a reasonable suspicion b/c the vehicle is a moveable crime scene.•

Exclusionary Rule• Exclusionary Rule: Cannot use evidence gained illegally in Court. • Mapp v. Ohio

– Applied the exclusionary rule to the states. Broadened the exclusionary rule. All evidence used at trial was legally obtained

• Good Faith Exception: Allows certain types of evidence that would normally be excluded to be

introduced at trial.

• U.S. v. Leon– Cops believed the warrant was valid, judge overturned. Supreme Court said cops acted in out faith.

• • Pros • More freedom to obtain evidence and does not get people to get off on a technicality • Cons• Unfair limitations, did not want to expand govt. power. •

Patriot Act

• Concerns– Privacy rights will be compromised for national

security.

Self Incrimination (5th Amendment)

• Applies to all witnesses• Miranda v. Arizona– Must tell suspects what their rights are when they are

arrested. • New York v. Quarles

- To maintain public safety, police may question a suspect before reading him his

rights.

Speedy and Public Trial 6th Amendment

• Why do you need a speedy trial?– Witnesses forget, they die, they move. Unfair to

defendant• Change of venue?– If the defendant cannot get a fair trial because

people are too familiar or biased toward case.• Batson v. Kentucky?– Cannot remove people from jury simply because

of race

Right to Counsel (6th Amendment)

• Powell– Required the state to provide an attorney in a

capital case.• Gideon– Requires counsel for all state cases where

defendant may be imprisoned • Escobedo– Requires counsel for those accused of a felony

during questioning

Capital Punishment and Punishment

• Robinson v. California– Cannot punish someone for being an addict

• Furman v. Georgia– Overturned the death penalty because it was arbitrary

• Woodson v. N. Carolina– Cannot have mandatory sentencing for death penalty

• Gregg v. Georgia– Death penalty is ok as long as sentencing is reached separately.