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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.